Navigating Global Market Access for Building Products in Europe

In the fast-paced and regulated construction world, ensuring your products meet the standards for global market access is crucial. For architects, engineers, and builders, understanding the intricacies of the Construction Products Regulation and CE Marking is essential for successfully selling products to the European market and beyond.

What is the Construction Products Regulation?

The Construction Products Regulation (CPR), No 305/2011, has been in place since 2011 and is designed to ensure that construction products arriving in any European Union (EU) country are safe to use and install. It replaced the previous Construction Products Directive (CPD) No 89/106/EEC.

The key aspects of the CPR include:

• Harmonization: The CPR creates a standardized system of rules that ensures consistent performance assessments across the EU. This harmonization allows for a common technical language and consistent criteria for assessing the performance of construction products, which facilitates their free movement within the single market.
• Focus on Performance: The primary objective of the CPR is to ensure the reliable presentation of product performance. It does not define specific safety standards but ensures that performance information is consistently declared and communicated. The actual safety requirements and regulations are determined by individual EU member states through their national codes.
• Mandatory CE Marking: Products such as cement, steel beams, mineral wool insulation, and fire-resistant glazing covered by harmonized standards cited in the Official Journal of the European Union (OJEU) must have the CE Marking. This mandatory marking signifies that these products meet the declared performance requirements, allowing them to circulate freely within the EU single market without additional national approvals.

What is CE Certification?

CE Certification is a declaration with the CE Mark by manufacturers that a product meets all applicable legal provisions set by the EU under the CE Marking requirements, allowing access to the EU market. CE Marking is mandatory for products covered by the scope of the New Approach Directives. Even product(s) manufactured outside the European Economic Area (EEA) must bear the CE Mark if they are going to be sold within the EU. CE Marking is mandatory for over 20 product groups, including construction products, gas appliances, toys, measuring instruments, mobile phones, and lifts. Here is a complete list of these product categories.

Step-by-Step Process for CE Marking:

Achieving CE Marking involves several crucial steps beyond simply affixing a mark to a product.

• Define Which Directives/Standards Apply: Identify the relevant EU directives and standards your product must comply with to meet safety, health, and environmental requirements.
• Execute Conformity Assessment: Determine and carry out the appropriate conformity assessment procedure, which may involve self-declaration or third-party testing based on the product's risk level.
• Apply Safety Requirements:  Implement necessary safety measures and design modifications to ensure your product meets the essential requirements outlined in the applicable standards.
• Execute Risk Analysis: Conduct a risk analysis to identify potential hazards and ensure proper mitigations are in place to prevent harm during the product's use.
• Complementation of Your Technical Construction File:  Compile and maintain a technical file that includes all documentation proving your product's compliance with the relevant directives.
• Draw-Up Directions for Use:  Prepare clear user instructions in the language(s) of the target market, covering installation, use, maintenance, and safety information.
• Draw-Up Declaration of Conformity: Create a Declaration of Conformity that formally states your product complies with all applicable EU directives, signed by an authorized representative.
• Affixing of the CE Marking: Affix the CE Marking to your product, ensuring it's visible, legible, and per the specific requirements, signifying compliance and eligibility for sale in the EEA.1.

The manufacturer is responsible for ensuring compliance and affixing the CE Marking. This includes ongoing testing and maintaining factory production controls.

Upcoming Changes in Sustainability Focus and the New CPR Draft

A new draft of the CPR, expected to be enforced in late 2024, emphasizes sustainability more strongly. This shift reflects the EU's commitment to environmental standards, which will become increasingly important for manufacturers looking to maintain compliance in the European market. The new rules will require manufacturers to include environmental data in their performance declarations and promote the reuse of materials. Digital product passports (DPPs) will also provide essential information via QR codes at worksites. The next step is for the Council to formally approve and publish the regulation in the Official Journal, after which it will be published and become legally binding for member states. However, the current rules, including existing standards, will remain in force until 2039, with a 15-year grace period following the new law's expected publication in 2024.

Post-Brexit Considerations for UKCA Marking

After Brexit, businesses selling products in Great Britain (England, Wales, and Scotland) must now use the UK Conformity Assessed (UKCA) Marking instead of the CE Marking. To comply, you need to understand UKCA requirements, ensure your product meets UK regulations, possibly undergo a conformity assessment by a UK-recognized body, and prepare UK-specific technical documentation. The UKCA Marking must be clearly applied to your product and packaging. The CE Marking remains valid in Northern Ireland, and some products might need an additional UK(NI) Marking. You'll also need to know any transition periods and update your processes to align with these new requirements.

Global Market Access Beyond Europe

While CE Marking and UKCA are essential for the European and UK markets, gaining global market access often requires additional certifications. CE Marking is recognized beyond Europe, with regions like the Middle East, North Africa, and even China viewing it as a mark of quality. However, manufacturers may need to meet additional regional certification requirements depending on the market.

Intertek's Global Certification Services

Intertek offers manufacturers a comprehensive suite of Notified Body services, supporting compliance with the EU Construction Products Regulation (No 305/2011) and helping navigate the requirements of other key New Approach Directives for CE Marking. Intertek focuses on simplifying complex regulatory requirements and assists manufacturers with CE Marking, UKCA Marking, and global market access. Leveraging a global network of certification bodies and extensive industry expertise, Intertek ensures your products meet the necessary standards worldwide. You can view Intertek's CE Marking for Construction Products webpage, here.