Report Num. 22

20/12/2019

Regulation (EU) 305/2011

Publication of the Delegated Decision (EU) 2019/1764 of the Commission

Dated 14 March 2019, the following delegated decision was published in the Official Journal of the European Union-OJEU, in force twenty days after its publication:

Delegated Decision (EU) 2019/1764 on the systems^[1] to assess and verify constancy of performance of balustrade kits and railing kits intended to be used in construction works, in compliance with/in accordance with the Parliament and Council Regulation (EU) 305/2011.

This decision covers kits solely intended to prevent falls and not submitted to vertical loads from the structure.

Up to now, these products have not had an appropriate decision for the assessment and verification of the constancy of performance, so it has been necessary to establish which systems are applicable to these balustrade and railing kits.

The published decision establishes system 4 for all the essential characteristics except from reaction to fire, and systems 1, 3 and 4 only for reaction to fire, depending on the conditions established in its Annex.

The manufacturer is the person who has to carry out the assessment of the kit performance regarding all the essential characteristics, except from reaction to fire, before placing the product on the market.

[1] Definition of the assessment and verification of the constancy of performance systems can be consulted in the Delegated Regulation 568/2014, in section 1 of its Annex.

European Commission

Training exercise on the use of the EC checklist for EADs

Last October, a training exercise on how to apply this checklist for the quality control of the European Assessment Documents-EAD took place. This exercise was carried out by the Commission Services together with the EOTA Secretariat. Six EAD examples were selected, five of them in drafting phase, and one already adopted by EOTA. Based on these examples, a simulation was done on how technical assessment bodies should use the checklist. Finally, on 30 October a meeting was held to draw conclusions about the exercise carried out.

As a result of this exercise, the EOTA Secretariat prepared a commented version of the checklist, with indications on how certain questions should be interpreted and applied.

This version has already been distributed to all technical assessment bodies of EOTA for its use in EAD development.

As indicated in Report No. 20, the use of the checklist is one of the measures that the Commission raised for EADs improvement. The technical assessment bodies were already using this checklist for some months. However, certain questions were not clear enough or could have different interpretations. Consequently, this measure which we consider positive was adopted.

On the other hand, the Commission checklist is also being used in the ongoing works to unlock EADs pending for publication, which we were referring to in Report No. 21.

EOTA

EOTA reinforces quality control in EADs elaboration

To facilitate the implementation of the new criteria established by the Commission for EADs, EOTA has recently adopted the following measures:

1. To hire a technician for EAD monitoring from the EOTA Secretariat.

2. To participate in the training exercise on the use of the Commission checklist for EADs, elaborating a commented version of the checklist (see previous section)

3. To check EADs before sending them to the Commission in the 7c^[2] phase and inform the EAD responsible body when there are observations.

From the Commission Communication COM(2018) 764 publication «Harmonised standards: Enhancing transparency and legal certainty for a fully functioning Single Market», the Commission has established new criteria for EADs elaboration. These criteria, together with a greater precision in the technical definition of the texts, affect EADs at a legal, technical and formal level. For this reason, EOTA has adopted measures to reinforce the quality of EADs.

[2] Once the document has finally been adopted by the EOTA, after considering the Commission comments in this phase.

Conversion of the ETA Guidelines with the EAD published

At present, there are eighteen EAD published based on ETA Guidelines, of which the modification of one has already been published. There have been no changes in this situation in recent months.

Published EAD relation:

EAD 030351-00-0402, for systems of mechanically fastened flexible roof waterproofing sheets (conversion from ETA Guideline 006): published in the OJEU, on 29.05.2019.

EAD 090062-00-0404, for kits for external wall claddings mechanically fixed (conversion from ETA Guideline 034 parts 1 and 2): published in the OJEU, on 16.11.2018.

EADs 160004-00-0301 and 160027-00-0301, for kits of post-tensioning systems for prestressing of structures (conversion from ETA Guideline 013): EADs published in the OJEU, on 15.12.2017.

EAD 210005-00-0505, for internal partition kits for use as non-loadbearing walls (conversion from ETA Guideline 003): EAD published in the OJEU, on 29.05.2019.

EAD 220089-00-0401, for self-supporting translucent roof kits with covering made of plastic sheets -except from the ones made of glass (conversion from the ETA Guideline 010): published in the OJEU, on 29.05.2019.

EAD 330076-00-0604, on metal injection anchors for use in masonry (conversion from ETA Guideline 029): published in the OJEU, on 15.12.2017.

EAD 330196-01-0604, on plastic anchors made of virgin or non-virgin material for fixing of external thermal insulation systems with rendering (conversion from ETA Guideline 014): modification published in the OJEU, on 10.11.2017.

EAD 330232-00-0601, on mechanical fasteners for use in concrete (conversion from ETA Guideline 001 parts 1 to 4): published in the OJEU, on 9.12.2016.

EAD 330499-00-0601, on bonded fasteners for use in concrete (conversion from ETA Guideline 001 part 5): published in the OJEU, on 15.12.2017.

EAD 330747-00-0601, on fasteners for use in concrete for redundant non-structural systems (conversion from ETA Guideline 001 part 6): published in the OJEU, on 10.08.2018.

EAD 340006-00-0506, on prefabricated stairs kits (conversion from ETA Guideline 008): published in the OJEU, on 13.05.2016.

EAD 340059-00-0106, on falling rock protection kits (conversion from ETA Guideline 027): published in the OJEU, on 16.11.2018.

EAD 350140-00-1106, on renderings and renderings kits intended for fire resistant applications (conversion from ETA Guideline 018 part 3): published in the OJEU, on 15.12.2017.

EAD 350141-00-1106, on linear joint and gap seals (conversion from ETA Guideline 026 part 3): published in the OJEU, on 15.12.2017.

EAD 350142-00-1106, on fire protective board, slab and mat products and kits (conversion from ETA Guideline 018 part 4): published in the OJEU, on 15.12.2017.

EAD 350402-00-1106, on reactive coatings for fire protection of steel elements (conversion from ETA Guideline 018 part 2): published in the OJEU, on 15.12.2017.

EAD 350454-00-1104, on fire stopping and fire sealing products – penetration seals (conversion from ETA Guideline 026 part 2): published in the OJEU, on 15.12.2017.

All the published EAD can be consulted on the EOTA website under the heading “Our Publications”.

Conversion of ETA Guidelines in progress or pending publication

At the Technical Board No. 26 the current status of fourteen conversions presently in progress was considered.

As indicated in the previous Reports four different basic phases can be distinguished in the conversion process from the ETA Guidelines to EAD:

1^st Elaboration and adoption by the working group;
2^nd Adoption by EOTA – by the designated bodies;
3^rd Comments of the Commission – including their consideration;
4^th Publication – this may also include the comments of the Commission, in the final review of the EADs;

At this moment, all conversions are at the 4^th phase.

Detailed situation of the conversions:

EAD on structural sealant glazing systems (conversion from ETA Guideline 002 parts 1 and 3): Commission comments have been received at the publication phase, which have been considered; the revised document has been circulated to all designated bodies until 26.11.2019, for confirmation.

EAD on external thermal insulation systems (conversion from ETA Guideline 004): comments received in the last document circulation have been considered, after the Commission comments; the new revised document has been circulated to all designated bodies until 03.01.2020, for confirmation.

EAD on liquid applied roof waterproofing kits (conversion from ETA Guideline 005): comments were received at the Commission’s publication phase, which are being considered; the revised document will soon be circulated to all designated bodies, for confirmation.

EAD on timber frame prefabricated building kits (conversion from ETA Guideline 007): Commission comments, which are being considered, were received at the publication phase.

EAD on non-loadbearing permanent shuttering systems based on hollow blocks or panels of insulating materials and concrete (conversion from ETA Guideline 009): the EAD has just been sent to the Commission for the publication phase; pending Commission’s final review.

EAD on wood-based composite beams and pillar (conversion from ETA Guideline 011): sent to the Commission for the publication phase; pending Commission’s final review.

EAD on three-dimensional nailing plates (conversion from ETA Guideline 015): sent to the Commission for the publication phase, pending Commission’s final review.

EAD on prefabricated units for external wall insulation (conversion from ETA Guideline 017): see information in section ‘ITeC and the European Technical Assessment’.

EAD on prefabricated wood-based panels bearing tensioned forces (conversion from ETA Guideline 019): sent to the Commission for the publication phase; pending Commission’s final review.

EAD on plastic anchors (conversion from ETA Guideline 020): sent to the Commission for the publication phase; pending Commission’s final review.

EADs on watertight covering kits for wet room floors and or walls (conversion from ETA Guideline 022 parts 1-3): sent to the Commission for the publication phase; pending Commission’s final review.

EAD on fire retardant products (conversion from ETA Guideline 028): see information in section ‘ITeC and the European Technical Assessment’.

EAD on connectors for structural joints (conversion from ETA Guideline 030): sent to the Commission for the publication phase; pending Commission’s final review.

EAD on expansion joints for road bridges (conversion from ETA Guideline parts 1-8): Commission comments at the publication phase have been considered; the revised documents will soon be sent to all designated bodies, for confirmation.

European Assessment Document-EAD

EADs publication in the OJEU

At Technical Board No. 26, the Commission representatives present announced that the nineteen EADs they proposed, after green light at the publication phase, will be published during the first 2020 quarter. Among these EAD, there are those resulting from the conversion of ETA Guidelines 011 and 015. See section “Conversion of ETA Guidelines in progress or pending publication”.

From European technical specifications whose references were published by means of Commission Communications, EADs are now European legislation documents published by means of Commission Execution Decisions, with a greater legal rank than Communications. This fact implies that EADs publication in the Official Journal of the European Union must go through a greater number of steps until the process is finished.

ITeC and the European Technical Assessment-ETA

Conversions of ETA Guidelines to EAD led by ITeC

Conversion from the ETA Guideline for fire retardant products (ETAG 028)
Commission comments at the publication phase have been considered, including that subject to a Commission consultation; the revised document has been confirmed by all designated bodies; it has just been sent to the Commission for publication.
Conversion from the ETA Guideline on prefabricated units for external wall insulation (ETAG 017)- work led by CSTB-ITeC:
EAD sent to the Commission for the publication phase; pending Commission’s final review.
Conversion of the ETA Guideline for façade cladding kits (ETAG 034)
EAD 090062-00-0404 “Kits for external wall cladding mechanically fixed”: reference published in the OJEU, dated on 16.11.2018, by means of the Communication 2018/C 417/07. The full text can be consulted in the section “Our Publications” of the EOTA website.

Elaboration of EADs

In addition to EAD 090062-00-0404, ITeC has twelve EAD published in the OJEU and is currently working on a further fifteen four of which are EAD amendments:

one has been sent for the publication phase following the issue of the first ETA
two have already been internally adopted by EOTA and the corresponding ETA is now under preparation
the remaining twelve are at different stages of elaboration

Note: at this point, the conversion works from the ETA Guidelines to EAD indicated in the first item of this section, are not considered.

Elaboration of ETAs

Between 16.10.2019 and 20.12.2019, ITeC issued five ETA and has forty-three in process. The issued ETAs correspond to the following five EADs (see EOTA website, “Our Publications” section).

EAD 160004-00-0301, on post-tensioning kits for prestressing structures.
- ETA 19/0064 MeKano4 PT System E, external post tensioning system with 3 to 37 strands, from MK4 WORLD WIDE SL.
EAD 210005-00-0505, on internal partition kits for use as non-loadbearing walls.
- ETA 19/0164 Lateroyeso® from FERCYSER SL.
EAD 250005-00-0606, on adhesives for wall cladding.
- ETA 19/0511 SikaTack® Panel-50 from SIKA SERVICES AG.
EAD 340179-00-0203, on structural panelled building kit.
- ETA 19/0380 ECCO house, from MUSSO HOLDING s.r.l.
EAD 350454-00-1104, on fire stopping and fire sealing products – penetrations seals
- ETA 19/0664 AF Sleeve, from AF SYSTEMS SRL.

Frequently asked questions

In which cases the European Assessment Document route does not apply?

This FAQ complements the one on Report No. 02 “When do the European Assessment Documents-EAD apply?”. In accordance with the acquired experience, an EAD does not apply in the following cases:

Products specifically indicated in the scope of a harmonised technical specification (harmonised standard or EAD)
Products not specifically indicated in the scope of a harmonised technical specification, but corresponding to the same product family, which can be assessed with the assessment methods established in the specification, without changing them.
Kits with CE marked components, for which it is not necessary to assess any essential characteristic at kit level. The essential characteristics established for the components are sufficient.

Relevant meetings

Held between 23 October and 20 December 2019

Technical Board No. 25, Rome, 18 and 19 September 2019
General Assembly of the EOTA, Brussels, 20 November 2019
Technical Board No. 26, Brussels, 11 and 12 December 2019

Upcoming meetings:

Technical Board No. 27, Brussels, 11 and 12 March 2020
General Assembly of the EOTA, Brussels, 29 April 2020
Technical Board No. 28, Brussels, 10 and 11 June 2020