Over the past few months, the Commission has included on their website new FAQs (Frequently Asked Questions) on Construction Products Regulation. They are FAQs 37, 38, 39, 40 and 41.

The following are the new FAQs:

37. What is considered a micro-enterprise to which simplified procedures could apply?
38. Is the use of Annex ZA under the CPR obligatory?
39. Is my product a construction product? If yes, what does the CPR require me to do?
40. Which languages do the various accompanying documents and CE marking of a construction product need to be in?
41. What are the obligations of a retailer (distributor) who sells construction products under the manufacturer’s name?

As required by article 67(2), the European Commission has published the report on the implementation of Regulation (EU) 305/2011. Its objective is to identify the areas where there is need for improvement, to achieve a better CPR performance.

The Report does not include proposals to change the CPR text, but it outlines the issues which need to be improved, such as CE marking, national marks, simplified procedures or market surveillance, among others.

The scope of the Report is broader than that foreseen in the CPR. The Commission considers that the CPR has been implemented for a relatively short period of time, and so not all the objectives have yet been achieved.

The Commission considers that definite conclusions cannot be put forward and therefore it is necessary to initiate or continue, as the case may be, the dialogue with the relevant stakeholders on the issues identified via technical platforms. These would be convened by the end of 2016.

For a detailed analysis of the Report, concerning the weak points or possible improvements identified, see our article.

On July 2016, the minutes of the Workshop “Improving management of construction and demolition waste” held in May were published. This Workshop is part of this Commission project, especially focused on the construction and demolition waste.

The project’s final report and the conclusion of this project were foreseen for September 2016 according to the planning available in the Commission web site.

On August 30, there was a meeting of the dangerous substances Advisory Group, a group linked to the Standing Committee on Construction, to discuss this European classification proposal. The Commission is at present processing the comments received. Once agreed, this classification will be published in a Delegated Regulation. According to the current Commission’s roadmap, its publication is planned for early 2017.

According to the comments made at the last Technical Board meeting, the Commission is interested in finishing this classification as soon as possible. However, it was also mentioned that there is a problem with the wood industry related to one of the classes considered.

In one of the meeting documents, to which we had access, the classification is based on three essential characteristics:

• Total Volatile Organic Compounds (TVOC) emission performance
• Formaldehyde emissions
• Carcinogenic Volatile Organic Compounds emissions

The first one includes two subcategories:

• Total emissions without health assessment (Total VOC (TVOC), Total semi VOCs (TSVOC) and substances not yet assessed.
• Health assessment of specific substances.

To establish this classification, the Commission is taking as reference the regulatory requirements of Germany, Belgium, Finland and France.

At the 13^th meeting of the EOTA Technical Board, held in Coimbra on October 12^th and 13^th, the state of the eleven conversion works from ETA Guidelines that correspond to the first set (priority A) was analysed. One of this conversion works has already been published in the OJEU.

It should be noticed that when the EOTA sends the EADs resulting of the conversion works, the Commission can comment and return them to EOTA for consideration. Sometimes comments may affect more than one EAD.

Detailed situation of the conversion works:

• EAD on mechanical fasteners (conversion from ETAG 001 parts 1 to 4): document pending alignment with Eurocode 2 Part 4, about the design of fastenings for use in concrete (pending approval), and confirmed by the related European associations. It will be sent to the Commission for its publication once these issues are solved.
• EAD on bonded anchors (conversion from ETAG 001 part 5): once the final documents on the mechanical fasteners EAD are solved, the same criteria will be applied to this EAD.
• EAD on mechanical fasteners for multiple use for non-structural applications (conversion from ETAG 001 part 6): once the final documents on the mechanical fasteners EAD are solved, the same criteria will be applied to this EAD.
• EAD on prefabricated stair kits (conversion from ETAG 008): published in the OJEU, on 13.5.2016.
• EAD (2 doc.) on post-tensioning kits for prestressing of structures (conversion from ETAG 013): documents endorsed by EOTA and sent to the Commission for its publication.
• EAD on reactive coatings for fire protection of steel elements (conversion from ETAG 018 part 2): it has been agreed to remove the dangerous substances section, as it is not possible to complete; it depends on the VOC emissions European classification (under elaboration) and on agreement of the technical details for the application of CEN TS 16516 on reactive coatings. The EAD will be updated once these issues are solved.
• EAD on fire protective renderings (conversion from ETAG 018 part 3): the EAD will be re-checked based on the agreement on reactive coatings and will be sent to the Commission for its publication.
• EAD on fire protective boards (conversion from ETAG 018 part 4): the EAD will be re-checked based on the agreement on reactive coatings and will be sent to the Commission for its publication.
• EAD on penetration seals (conversion from ETAG 026 part 2): pending Commission’s reaction.
• EAD on linear joint and gap seals (conversion from ETAG 026 part 3): still pending Commission’s reaction.
• EAD on mechanical fasteners for use in masonry (conversion from ETAG 029): the Commission has recently indicated that once the final documents on the mechanical fasteners EAD are solved, the same criteria will be applied to this EAD. At the Technical Board meeting, it was noted that the Eurocode 2 Part 4 did not apply in this case because the Eurocode only applies to concrete structures.

At the 13^th meeting of the Technical Board, the eight conversion works from the second set were analysed (priority B + 2 additional priority C).

Likewise, a DIBt request from Germany to start the conversion works of ETAG 030, about dowels for structural joints, has been introduced. Additional information from related institutes is requested.

Detailed situation of the works:

• EAD on structural sealant glazing systems (conversion from ETAG 002 parts 1 and 3): works continue based on the comments received.
• EAD on internal partition kits (conversion from ETAG 003): as a first step, classes and threshold values from the ETAG have been analysed.
• EAD on external thermal insulation composite system (conversion from ETAG 004): second draft in process, to be circulated in October; next working group meeting planned for November.
• EAD on plastic anchors for ETICS (conversion from ETAG 014): The Commission recently indicated that the same criteria as the mechanical fasteners EAD will applied to this one. At the Technical Board meeting, it was noted that the Eurocode 2 Part 4 did not apply in this case because the Eurocode only applies to concrete structures.
• EAD on three-dimensional nailing plates (conversion from ETAG 015): conversion works are starting.
• EAD on plastic anchors (conversion from ETAG 020): conversion works in progress.
• EAD on falling rock protection kits (conversion from ETAG 027): the working group met shortly before the Technical Board meeting. At the end of October, the EAD will be sent to all the designated bodies for approval or comments.
• EAD on cladding kits (conversion from ETAG 034 parts 1 and 2): working group meeting on September 22; third draft in process.

During this period three Commission Communications have been published in the Official Journal of the European Union-OJEU: the 2016/C 248/06 Commission Communication (fifth set), on the 8^th of July 2016; an error correction from the previous communication, on the 14^th of July 2016; and the 2016/C 378/08 Communication (sixth set), on the 14^th of October 2016. This last one extends and replaces those previously published.

With these communications, the EAD list has been extended to include the following EADs:

 These documents may be consulted on EOTA’s website (www.eota.eu), in section “Publications”.

According to data presented by the EOTA Secretariat on 8.09.2016 in the 13^th meeting of the Technical Board:

• European Technical Assessment-ETA requests: 3474
• European Technical Assessments-ETA issued: 2174

There has been an important increase on last May’s data. It has been confirmed that the ETA route for the CE marking is increasingly used by producers with construction products not covered by a harmonised standard.

• On September 22, the first meeting of the European Working Group for the conversion of the ETA Guideline 034 into a EAD, on kits for external wall claddings, took place in Barcelona.

  ITeC is leading the Working Group on cladding kits for façades, which includes ventilated façades. The institute has been developing works in this area for 15 years.

  The meeting took place on ITeC’s premises. Experts from institutes of Germany, Austria, Spain, UK, Czech Republic and Portugal have participated, as well as the European Aluminium Association (EAA) and the Union of Developers and House Builders (UEPC). The EC consultant for EOTA matters also participated. The experts’ comments and proposals regarding the first draft EAD were discussed.

• ITeC has already two European Assessment Documents-EAD published in the OJEU. At present, it is working on nine other EADs:
  • Seven have already been internally accepted by EOTA and the corresponding European Technical Assessments-ETA are being prepared
  • The two remaining are at different elaboration phases
• Between 31.05.2016 and 18.10.2016, ITeC has issued three ETA and has thirteen under elaboration at present. The issued ETA are from the following ETAG and EAD (see EOTA’s website, website, under publications).
  • EAD 130005-00-0304, on solid wood slab element for use as structural element in buildings
    • ETA 11/0464 EGO_CLT^TM of EGOIN SA
  • ETAG 003, on internal partition kits
    • ETA 11/0306 M5 and FUTURA of IBER MODUL SA
  • EAD 090020-00-0404, developed at the manufacturer’s request (not yet published at the OJEU)
    • o ETA 16/0519 VANGUARD of ULMA Architectural Solutions

Some construction products may contain or release substances potentially dangerous to human health. Several countries in the European Union (e.g. Germany) have national regulations limiting the content or emission of dangerous substances depending on the product’s nature and use, for example, for interior use.

Until recently, EADs included clauses not covering evaluation methods for dangerous substances. Their evaluation was carried out when the manufacturer’s ETA was developed, by applying the methods referred to TR 034

• Technical Board num. 13, Coimbra, October 12^th and 13^th, 2016

• EOTA General Assembly, Brussels, November 9^th, 2016
• Stakeholder Advisory Group Conference, from EOTA, November 10^th, 2016
• Technical Board num. 14, Brussels, November 30^th and December 1^st, 2016
• Technical Board num. 15, Innsbruck, April 4^th and 5^th, 2017