Czech Office for Standards, Metrology and Testing Prague/Czech Republic

Úřad pro technickou normalizaci, metrologii a státní zkušebnictvíCzech Office for Standards, Metrology and Testing SarajevoAlena Šimková Construction products CE marking and Czech voluntary mark

Sarajevo Alena Šimková Certified for Construction Works The Czech voluntary mark MS: additional requirements or extra provisions beyond requirements specified in Council Directive 89/106/EEC or other Community legislation applicable endeavour to make them compulsory for products already submitted to CE marking

Sarajevo Alena Šimková Certified for Construction Works The Czech voluntary mark Some MS: exceptions that go up to the Community level: additional testing (obligatory) and/or higher levels of AoC via Commission decisions; positive discrimination: e.g. products bearing marks (national or voluntary, approvals or certification related to regulations presumption of better performance compared to non-CE marked products characteristics required, according to a TD generally applicable in a MS, that go up to the HTS

Sarajevo Alena Šimková Certified for Construction Works The Czech voluntary mark Basic principles to be reminded CPD: MS shall not impede the free movement, placing on the Internal Market or use on their territory of construction products that satisfy the CPD provisions HTS (hEN/ETAs acc. Art.4 (1) CPD), as pre-requisite for CE-marked construction products, are the instrument for achieving the goal of CPD 1 single assessment in accordance with valid HTS: access to the Internal Market Commission mandates to CEN: hENs + to EOTA: ETAGs Existing regulatory requirements applicable to a product at the time when a mandate is issued, are to be required to be taken into account in the mandates to CEN /EOTA

Sarajevo Alena Šimková Certified for Construction Works The Czech voluntary mark New national regulations: notification via Directive 98/34/EEC (COM, MS) CASE: new regulation that includes new requirements is accepted → new mandating process to ensure that the finalised HTS cover all applicable regulations HTS must be performance-based and contain the following elements: Definition of the product and definition of the mandated characteristics Methods for the assessment of the level of performance of the product, for each characteristic Conformity assessment clauses (including ITT and FPC), applying the least onerous possible procedure consistent with safety, according to the choice specified by COM Specific harmonised requirements concerning the performance of the products (e.g. threshold values, and possibly classes of performances, if necessary Descriptive elements (e.g. physical properties or dimensions)

Sarajevo Alena Šimková Certified for Construction Works The Czech voluntary mark CE marked construction products tested for mandated characteristics (via relevant test method/s identified in HTS. Documentation accompanying the CE marking: Performance of the product for the mandated characteristics (listed in Annex ZA of HTS) Completed tasks linked to attestation of conformity Fulfilled specific harmonised requirements concerning products (e.g. threshold values) Conclusion: relevant HTS (hENs or ETAs) define all the elements necessary for a manufacturer to legitimately and legally CE mark a product and place it on the Internal Market.

Sarajevo Alena Šimková Certified for Construction Works The Czech voluntary mark Requirements in addition to ER for CE marked products “National” referred in this consequence is to be understood to also comprise the regional, or even local, level, in particular for MSs for which the constitutional and/or administrative system provides for regulation in this field to be adopted at this level. HTS: are supposed to cover the regulatory requirements existing in MS when the corresponding mandate was given… … It would be contrary to the CPD if a National Authority submitted a CE marked product to additional requirement when it is being placed on its market or used in its territory (see Article 6(1), CPD).

Sarajevo Alena Šimková Certified for Construction Works The Czech voluntary mark Requirements in addition to ER for CE marked products If MS considers an additional requirement necessary to apply HTS which, according to the view of the MS, is not sufficiently covered by a mandate, it has to inform COM to this fact, without being permitted to introduce additional requirements at national level. MS, in any case, may not on CE marked construction products impose any additional requirement at national, regional or local level, by specific regulation.

Sarajevo Alena Šimková Certified for Construction Works The Czech voluntary mark Requirements in addition to ER for CE marked products This concerns, in particular: requirements regarding another characteristic than those already covered by HTS, requiring higher levels of AoC than those in the related COM decisions, or admitting them on a voluntary basis, requiring testing, in addition to those included in HTS, modification of the technical definition of characteristics covered by HTS (and then by CE marking), modification of a test method agreed at the European level to assess the performance of the product for harmonised characteristics.

Sarajevo Alena Šimková Certified for Construction Works The Czech voluntary mark MS responsibility: establish in national regulations that CW designed and executed on their territory are safe Owner of CW responsibility: define requirements for the specific CW CW designer responsibility: choose the relevant CP to be used in CW (CE marked construction products should bear all the necessary information) CE marking declare the performance of the product provide the client with necessary confidence to the performance declared by the producer enable a designer or an owner of CW to require a specific level of performance for a product which will be incorporated in a specific CW

Sarajevo Alena Šimková Certified for Construction Works The Czech voluntary mark Additional requirements (AR) vs. the CE marking requirements regarding (e.g. quality, aesthetic, …), including tests and characteristics For public works: AR need to comply with the Public Procurement Directive (proportionality, transparency... ) Additional voluntary marks for already CE marked products: compatible with the Directive, see Guidance Paper D In opposition to the Directive (Art.6.1): any national, regional or local regulatory provisions asking for additional requirements regarding voluntary marks

Sarajevo Alena Šimková Certified for Construction Works The Czech voluntary mark In addition to the HTS Informative application documents (IAD) on technical specifications ( as a part of rules for proper design and building rules) saying the users how to use a HTS (hEN or ETA) relating to a product or a family of products and facilitate their implementation. IAD could contain information on classes of performance or minimum level of performance which are regulated in specific types of works in MS; showing equivalence between the new European classes and any ‘old’ national classes if any; on the content and the technical meaning of clauses included in HTS, to increase the understanding and to facilitate implementation.

Sarajevo Alena Šimková Certified for Construction Works The Czech voluntary mark Any economic agent, not only National Standardisation Bodies or Approval Bodies can do this activity in a competitive way. Informative application documents (IAD) on technical specifications have to distinguish: What is compulsory. IAD must not alter any provision of HTS. IAD must not add any supplementary requirements as new classes, test methods diverging from the method developed or referred to in hEN/ETA, or any characteristic up to the mandate and, consequently, in the European technical specifications. What is suggested to designers or to the owner of works. IAD may include additional information, supplementing those covered by hEN/ETA Designer or owner of works have to decide freely what is necessary and justified for the specific works but on voluntary and individual basis only.

Sarajevo Alena Šimková Certified for Construction Works The Czech voluntary mark January 2009 European legal documents relating to the free movement of goods Decision on a common framework for the marketing of products Regulation on accreditation and market surveillance and Regulation on the application of national technical rules The question is: How to solve cases when users of construction products have not enough information on whether their products placed on the Single Market meet safety and quality required in the Czech buildings? Existing supporting documents are not a sufficient tool how to select a suitable product in the specific construction work.

Sarajevo Alena Šimková Certified for Construction Works The Czech voluntary mark Legal requirements for placing of products on the Single Market on the territory of the Czech Republic Law No. 22/1997 Coll., that lays down technical requirements for products (Act 22/1997 Coll.) Construction products: GO No. 190/2002 Coll., that lays down technical requirements for construction products bearing the CE marking (GO 190/2002 Coll.) GO No. 163/2002 Coll., that lays down technical requirements for selected construction products (GO 163/2002 Coll.)

Sarajevo Alena Šimková Certified for Construction Works The Czech voluntary mark Building Act No. 183/2006 Coll. (Building Act) deals with construction products only superficially and inadequately. Reality: Provisions of § 156 (Building Act) are quoted the basic requirements for construction works Building Act refers to the Act No. 22/1997 Coll. and connecting GO 190/2002 Coll. and GO 163/2002 Coll.) Czech application documents which previously provided information on the suitability of products to Czech conditions do not exit.

Sarajevo Alena Šimková Certified for Construction Works The Czech voluntary mark Czech Association of Construction Testing Laboratories (CACTL) Independent body of interested parties, associates 24 legal entities (e.g. state and private testing houses, testing laboratories, academic laboratories) and other parties actively taking part in construction testing. CACTL is entrusted with coordination of testing procedures in the regulatory sphere prescribed by Czech legal provisions covering construction works requirements Act No. 22/1997 Coll. on technical Requirements for Construction Products Act No. 183/2006 Coll. (Building Act) CACTL : regulatory, non-regulatory sphere and closely cooperates with many parties (state and private bodies) in the given area, e.g. Czech Office for Standards, Metrology and Testing Czech Accreditation Institute (provides services to state and private organizations in all fields of accreditation in conformity with valid legal regulations)

Sarajevo Alena Šimková Certified for Construction Works The Czech voluntary mark The Czech mark Certified for Construction Works („Osvědčeno pro stavbu“ in Czech) is a sign which is a registered mark in the name of CACTL controlled by entrusted Czech organisations authorised to perform certification of construction products affixed to construction products to certify conformity with Czech legal provisions covering construction works requirements.

Sarajevo Alena Šimková Certified for Construction Works The Czech voluntary mark Conclusion The aim of the certification mark: confidence of interested parties in the field of construction in the products on the Czech market. Characteristics of the system simple way to provide information on the level of safety and quality products to the public high demands on the technical parameters of the product (not every product receives a license tag) promoting cooperation between investors, entrepreneurs and manufacturers to produce products with high levels of safety and quality support enforcement of market quality products at the expense of products meeting only minimum requirements for market successful assessment of conformity of the product with the specified legislative and technical requirements continued compliance with safety and quality of products bearing the quality guarantee of independent certification bodies according to precise rules

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