EUROPEAN COMMISSION
ENTERPRISE AND INDUSTRY DIRECTORATE-GENERAL
Sustainable Growth and Europe 2020
Sustainable Industrial Policy and Construction
CONSTRUCT 12/960
CPR 004/3
MINUTES
MEETING OF THE STANDING COMMITTEE ON CONSTRUCTION SCC
3 DECEMBER 2012
1. Opening of the meeting
The meeting was chaired by DG ENTR/B-1. The Chair opened the meeting and welcomed the delegates.
He informed the SCC of the restructuring which took place in the DG ENTR and introduced Mrs. K.
Ekroth-Manssila (Deputy Head of Unit). Mr Mikkeli is Head of the Construction Sector. The new unit
DG ENTR/B-1 is responsible for Sustainable Industrial Policy and Construction. The Chair also
informed the delegates on the available simultaneous translation regime.
2. Adoption of the Agenda (CONSTRUCT 12/945 REV-1)
The Chair announced how the requests from delegations will be treated during the meeting. The agenda
was then adopted as proposed. The Chair also reminded MS to send their comments on the revised
linguistic version of the CPR to the Council Translation Service by 07/12/2012.
3. Minutes of previous SCC meetings (CONSTRUCT 12/944 and CPR 003/3.1).
No comments were raised on CONSTRUCT 12/944.
Concerning CPR 003/3.1 and in relation to the procedure for the designation of notified bodies, FR
supported by DE, IT stated that they wanted it to be minuted that they considered the validation by the
EC services of the designations submitted by MS in NANDO as superfluous.
4. Co-existence periods for hENs and candidate hENs (CONSTRUCT 12/946, 12/956, and
12/959)
Concerning EN 15050 (CONSTRUCT 12/946), after clarifications provided by CZ, it was considered
that the co-existence period would not need to be extended.
Concerning EN 54-23 (CONSTRUCT 12/959) and the DE request to extend the co-existence period the
extension is not granted due to lack of support from any other MS. DE is invited to resubmit the matter
again for the next SCC meeting in March 2013, if problems persists.
Concerning EN 14080 (CONSTRUCT 12/959), taking into consideration that CE marking of glued
laminated timber is possible since 7 years, the request to extend again the coexistence period of EN
14080 is not accepted. FI considers that important problems still prevail in the standard and stated that
they will therefore not request compulsory CE marking of this product as of 1/07/2013.
NL pointed out their concern regarding EN 14342 "Wood flooring" because bamboo floorings were
excluded form the scope in the revised version of this EN. The Chair considered that as far as possible, a
harmonised product standard should be "material neutral" unless sound technical arguments are provided
to justify derogation from this principle. CEN and NL are invited to explain the situation in writing.
Commission européenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium. Office: B100 - 02/07
Telephone: (32-2) 299 11 11. Direct line (32-2) 29.51.225 Fax: (32-2) 296 10 65
MS were expected to send any comments on CONSTRUCT 12/956 before Christmas vacations.
5. Reports for information
5.1 CEN progress report (CONSTRUCT 12/947):
BE stated that the candidate hEN for cables does not foresee affixing the CE marking on the cable
although this is possible and applied for the LVD. This may create unnecessary difficulties for market
surveillance authorities and producers. The CEN representative stated that MS and industry can
comment on this issue during the formal vote on the draft EN foreseen to take place shortly.
5.2 EOTA progress report (CONSTRUCT 12/948):
The EC services undertook to reply quickly to certain pending requests and stressed their expectations
from EOTA to finalise a large number of long pending CUAPs and issue the ETAs before 1/7/2013.
5.3 Advisory Group of Notified Bodies (CONSTRUCT 12/949):
The EC services repeated that if a test method is changed, the products would need to be retested only if
the application of the amended test method would cause a change in the declared performance. Even in
this case, the products already made available in the market under the previously applied harmonised EN
would not need to be withdrawn.
To the BG proposal to set up a list of certificates issued by NBs, the EC services reminded that
confidentiality, liability and practical management aspects do not allow the establishment of such a list.
5.4 CPD AdCo Group report (CONTRUCT 12/950):
BG considered that the issue of false certificates needs to be given special attention. The EC services
reminded on the obligations of MS authorities to verify and set penalties for NBs. UK suggested to SCC
delegations to examine the new Radiology Safety Directive and to discuss the effects on the CPR from
other EU legislation in the next SCC meeting.
6. Reports and feedback regarding the Commission Expert Groups (CONSTRUCT
12/951)
6.1 Expert Group on Fire:
No discussion on this part of the document CONSTRUCT 12/951 took place in the SCC meeting.
6.2 Classified Without Further Testing Group (fire):
The CWFT Group did not meet in 2012. The EC services intend to hold a meeting of the group in
January 2013 to finalise the examination of all pending applications.
6.3 Expert Group on Dangerous Substances:
No discussion on this part of the document CONSTRUCT 12/951 took place in the SCC meeting.
7.
Information on the current state of play concerning mandates and Commission
Decisions (CONSTRUCT 12/952)
The EC services presented the document and updated the SCC on Commission Decisions published
since the previous SCC meeting and on the progress in the consultations for mandates. All pending
mandate consultations of 98/34/EC have now been finished and the EC services were to prepare the
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Comments Handling Documents and the final mandates in 3 languages (DE, EN, FR) in order to send the
mandates to CEN still within 2012.
8.
Opinion of SCC on Draft Commission Implementing Decision amending Decision
97/464/EC concerning reaction to fire classification for manhole covers and gully tops
(CONSTRUCT 12/953)
The EC services presented the proposal. These products are used in horizontal position as parts of
flooring elements and should be classified accordingly. This is achieved with the proposed amendment.
The proposal was supported by unanimity of the present delegations (338 votes). LU and MT were
absent. The EFTA representative also concurred with the proposal.
9. Product Contact Points for Construction (Article 10)
(CPR 003/9)
The EC services presented the table with the available notifications. All MS informed the SCC on the
state of play for the notification of their PCP for construction products.
The EC services will update the table and upload it on their website.
10. BWR 7
The EC services have undertaken preparatory work to identify work areas, other relevant DGs and CEN
TCs. The industry is very much involved in resource efficiency issues. Furthermore, the Commission
plans to adopt a communication on sustainable construction. Afterwards DG ENTR/B1 will evaluate the
conditions / mandate for a potential working group under the SCC on BWR7.
The EC services will circulate a note with detailed information on the above in early 2013.
11. New EOTA (organisation of TABs)
(CPR 003/11.1 and CPR 003/11.2)
The EC services updated the SCC on progress achieved for a smooth transition into the CPR framework.
Progress files for ETAGs would need to be adopted and endorsed before 1/7/2013.
SCC delegations were reminded that the Commission can neither postpone the full entry into force of the
CPR nor extend the application of the CPD beyond 1/7/2013. Therefore everything must be properly in
place for 1/7/2013.
The EC services presented also the basic lines for an Implementing Act on the ETAssessment format.
Consultation of the SCC-CPR would be in line with Regulation (EU) 182/2011.
The EC services clarified that, if a manufacturer has an ETApproval, he should be able to issue a DoP
and continue to sell his products as long as the ETApproval is valid.
The EC services also underlined that withdrawal of ETAssessment would not be foreseen because the
ETAssessment is an assessment report, based on the factual circumstances in a given situation, not an
authorisation to the market. CEPMC supported the EC services position.
12. CPR Art. 5 - 9, Procedures to declare + minimum DoP contents
(CPR 003/12)
The EC services presented the basic principles for the procedures and the content of the DoP. They
emphasized that MS should regulate on the use of the products not on the placing on the market. Certain
Member States would appear to prefer the second option for safety reasons.
The EC services clarified that the derogation foreseen in CPR, Art. 5 refers to the obligation to supply a
DoP. This does not mean that the products covered by the derogation of Art. 5 cannot be used.
MS were expected to send any comments by end of January 2013.
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13. Horizontal notifications (point 3 of Annex V)
(CPR 003/13)
The EC services introduced the topic with doc CPR 003/13 as basis for discussion. The possibility of
horizontal designation of NBs gives an answer to a longstanding request made by mainly notified fire
laboratories under the scope of the CPD. Under the CPR horizontal designation is however not limited to
fire but is also possible for noise absorption and emission of dangerous substances.
For the time being, only test methods for fire have been identified as a basis for horizontal notification. It
appears an ISO test method exists for noise absorption. In the spirit of the CPR, the horizontal
notification possibility is not limited to test laboratories only. In principle, product certification bodies
can also be horizontally designated. NANDO-Input site will be upgraded to allow for horizontal
designation of NBs.
BE considered that Annex II of the document is going too far and should be deleted.
MS were expected to send any comments by end of January 2013. The issue of horizontal notifications
will be also in the agenda of next SCC meeting.
14. Article 46 (use of outside testing facilities)
(CPR 003/14)
The EC services presented their position reflected in detail in the document CPR 003/14. AT
emphasized that the use of outside testing facilities should be allowed only if the NB has accredited test
lab. BE requested this designation not to be made horizontally but by reference to hENs.
Concerning the second paragraph of Art 46(1), the EC services consider that the referred "accredited test
facilities" are those of the NB or of its subcontractor.
MS were expected to send any comments by end of January 2013.
15. Individual products (CPR, Art. 38)
Several MS referred to their interpretation of the terms "individually manufactured", "non-series" and the
difficulties encountered to apply this provision.
The EC services underlined that even if clarity is reached on the meaning of these terms it would still be
difficult to apply this CPR provision in practice due to the need to provide the Specific Technical
Documentation as defined in Art. 2(15) of CPR.
MS were expected to send any comments by end of January 2013.
16. Information on the outcome of the examination of the queries on existing / candidate
harmonised ENs (CONSTRUCT 12/954A and 12/954B)
The EC services presented the most recent documents with the regulatory and technical queries
incorporating the various queries received. Queries which were resolved are not included in the
documents.
MS were expected to send any comments by end of January 2013.
17. Problems in the implementation of harmonised ENs (CONSTRUCT 12/955 REV1)
17.1 Antiglare systems (EN 12676-1)
The EC services, after evaluating the replies of the Member States, consider that no regulatory
requirements exist for these products and would not include EN 12676-1 in the list of harmonised ENs
under the CPD. UK asked for some additional time to evaluate the possible consequences of the EC
service’s proposal.
The Chair invited MS to send any comments by end of January 2013.
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17.2 EN appliances fired by solid fuel
CEN TC 166 has proposed a roadmap for the revision of the standards. The technical study which CEN
considers necessary has been provided by FI in the beginning of SCC meeting.
The EC services consider the approach of the TC insufficient because it does not reply to the real cause
of the problem, the anomaly caused by the unrealistic testing procedures: the fact is that in the far
northern countries of the EU these appliances are operating with much more solid fuel and for much
longer intervals than in the rest of EU.
After examining the study submitted by FI, CEN/TC295 (appliances) and CEN/TC166 (chimneys) are
expected to send their proposals to the EC services asap.
MS were expected to send any comments by end of January 2013.
17.3 Small wastewater treatment plants
No discussion on this part of the document CONSTRUCT 12/955 REV 1 took place in the SCC meeting.
MS were expected to send any comments by end of January 2013.
17.4 Road safety barriers
The EC services thanked the MS who have replied to the questionnaire. They explained that coexistence
period for standard EN 1317-5 has ended on 1/1/2011 and therefore products covered by the scope of this
hEN may be placed or made available on the market only if they bear the CE marking.
The EC services further underlined that procurement entities which need to buy safety barriers falling
within the scope of EN 1317-5 in order to replace parts of damaged existing barriers (for maintenance or
for repair) are therefore expected to refer in their tender specifications to barriers which are CE marked
by reference to hEN 1317-5 and which have the necessary performance and geometric details to ensure
performance and aesthetic compatibility with the already installed barrier, by applying the provisions on
technical specifications set by the Directive 2004/18/EC in Art 23 and Annex IV.
18. Issues that Member States / EFTA want to raise to the SCC:
18.1 BE: Meaning: "year in which the CE marking was first affixed" [CPR, Art 9(2)]:
BE considered necessary to have the issue clarified in the SCC and asked if it is expected that the 2 digits
of the year will remain the same over the years.
The EC services confirmed that these digits should remain the same because they are the last 2 digits of
the year when the product was made available on the market for the first time. If for certain products (e.g.
for cement) the date/year of manufacture needs to be also indicated, this issue needs to be agreed in CEN
(or EOTA if appropriate) in order to be included in the standard (independently of the CE marking).
18.2 IE: Carbon monoxide detectors:
(CONSTRUCT 12/957)
IE explained in detail the reasons behind their request to develop harmonised EN under the CPD/CPR
for these products including 3rd party product certification. UK supported the IE position.
The EC services consider that the existing mandate M109 to CEN/CENELEC covers in principle standalone carbon monoxide detectors as those mentioned in the IE request and foresees actually 3rd party
certification for these products. Therefore the EC services asked CEN/CENELEC to send a revised reply
to the said mandate in order to include the development as soon as possible of a harmonised EN on standalone CO detectors.
18.3 NO: AoC system for prefabricated bathrooms:
(CONSTRUCT 12/958)
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The EC services considered that due to lack of time to complete the consultation and decision procedure
still under the CPD, it would be preferable to deal with the request under the CPR context as a possible
delegated act. Preliminary consultations could however take place before July 2013.
NO agreed with the proposed plan. MS were expected to send any comments by end of January 2013.
18.4 FR: a) Eco-design and CPR, b) NPD + threshold values:
(CPR 003/18.4)
a) The FR delegations explained their question on the possible overlap between the Eco-design Directive
and the CPR. The EC services explained that after the reorganisation of the DG ENTR, the same unit B1
is responsible for the implementation of the CPR and the Eco-design Directive a fact which allows for a
better overview and avoidance of overlapping or conflicts in the work.
b) Concerning the question if a manufacturer is allowed to declare “NPD” for a characteristic for which
the hEN foresees a threshold value of performance, the EC services confirmed the FR position that, in
this particular case, the manufacturer may not declare “NPD” for the specific ess. characteristic. The
issue would merit a discussion also in the next SCC meeting.
18.5 EL: Question on CPR, Art. 15:
(CPR 003/18.5)
The EC services consider that, under condition that the construction product is not modified by the
importer, the importer would have to ensure at least that real manufacturer would be able to guarantee
full traceability of the product and that the factory production control is properly performed and
documented. The importer would be considered a manufacturer and would be subject to obligations of
CPR, Art. 11.
19. Issues that CEN wanted to raise to the SCC
No issues were discussed under this agenda item.
20. Issues that EOTA wanted to raise to the SCC
No issues were discussed under this agenda item.
21. Meeting provisions
The next meeting is planned for the 25 and 26 March 2013. No Preparatory Group meeting is foreseen.
22. Any other business
No issues were discussed under this agenda item.
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