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CPR Guide: EU Rules, Practical Impact

Construction Products Regulation

Regulation (EU) 305/2011, more commonly referred to as the Construction Products Regulation (CPR), replaces the 1989 Construction Products Directive (CPD). This new legislation sets out the rules governing when and under which conditions, the CE marking must accompany construction products placed on the EU market. The purpose of this guide is to explain the main changes between the ‘old’ Construction Products Directive and the ‘new’ Construction Products Regulation.

  • This new EU regulation therefore applies to most glass products for use in buildings and their derived products.
  • All glass manufacturers, processors and building glass supply chain actors need to understand what the new legislative changes will mean for their business.

To that end, Glass for Europe has put together this practical Q&A to steer you through the new terminology and concepts and highlight what the main changes will be.

It is not meant to explain all the measures in relation to CE marking since the industry should already CE mark its products and know the basic rules. It simply tries to highlight the main changes due to the new European rules. Of all changes to the rules, three items are particularly relevant to glass products: the declaration of performance, affixing the CE marking and derogations.

 

Basic principles of CE marking
How does this affect glass products? 
What should I do to affix the CE marking on my glass products? 
What is a declaration of performance? 
What information does the declaration of performance contain? 
What should I do with my declaration of performance? 
Where do I affix my CE marking? 
What information does the CE marking contain? 
Is there a derogation from CE marking? 
What are the obligations of the distributor concerning the CE marking?
What about national marks? 
Reference material 
Annex I 
Annex II

 

Basic principles of CE marking

• If you manufacture and/or put on the market products covered by harmonised European standards (hENs) or European Technical Assessments (ETAs), CE marking applies to you.
• By affixing the CE marking on a product, a company guarantees that the product conforms to the declared performance values and satisfies EU legislative requirements.

The CE-marked product can therefore cross national borders more easily, and compliance with national legislations, such as building codes, can be conveniently demonstrated based on the declared values.


The existing rules and procedures underpinning the CE marking were recently overhauled because they were heavy, lacked transparency and were not always consistently applied across the EU. Change has come in the form of a harmonised regulation, meaning that all 27 EU countries must apply the same rules. The regulation aims to clarify and simplify concepts and procedures and give credibility to the system.

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How does this affect glass products?

• Most glass products will need to bear the CE marking because:
• Most glass products are covered by a hEN
• Exemptions from the requirement to draw up a declaration of performance are extremely limited

Since 2005, a number of building glass products have been subject to harmonised European standards (see list of standards), and therefore these products must bear the CE mark, except under very special conditions. This principle remains and is in fact reinforced by the new regulation, which will ensure more thorough implementation across the whole of Europe. Under the regulation, a Declaration of Performance (DoP) must be drawn up before products covered by hENs or ETAs are placed on the market. By affixing the CE marking, the company assumes responsibility for the conformity of their product with the declared performance values. Drawing up a DoP is mandatory, except in only a few exceptional cases. If this declaration is not drawn up then the CE marking should not be affixed.

In addition to harmonised European standards on ‘glass for use in buildings and construction works’, numerous other standards exist on transformed and/or more complex products such as windows. Therefore the whole supply chain needs to understand the new rules on CE marking.

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What should I do to affix the CE marking on my glass products?

Firstly, it is crucial to ensure that the product conforms to the description of the harmonised European standard. All aspects of these hENs must be complied with. The requirements of hENs for glass products include:

 the product/system description
 the type testings, including durability, that may be required
 the factory production control that needs to be in place
 the declaration of performance to be provided

Depending on the systems of Assessment and Verification of Constancy of Performance (AVCP), notified bodies may be involved for meeting the above requirements. The applicable AVCP systems can be found in the hEN. 

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What is a declaration of performance?

The Law

Declaration of performance
(Article 4)

What you need to know

1. When a construction product is covered by a harmonised standard or conforms to a European Technical Assessment which has been issued for it, the manufacturer shall draw up a declaration of performance when such a product is placed on the market.

• The declaration of conformity has been replaced by the DoP. The DoP is required for CE marking purposes.

2. When a construction product is covered by a harmonised standard or conforms to a European Technical Assessment which has been issued for it, information in any form about its performance in relation to the essential characteristics, as defined in the applicable harmonised technical specification, may be provided only if included and specified in the declaration of performance except where, in accordance with Article 5, no declaration of performance has been drawn up.

• The DoP sets down the information that has to be declared for CE marking on the basis of the hEN.

3. By drawing up the declaration of performance, the manufacturer shall assume responsibility for the conformity of the construction product with such declared performance. In the absence of objective indications to the contrary, Member States shall presume the declaration of performance drawn up by the manufacturer to be accurate and reliable.

• Unlike the old declaration of conformity, which guaranteed conformity and, indirectly, durability of products, the DoP only provides product performances. Manufacturers are responsible for ensuring the accuracy of the declared performances and the continuing durability of the product according to the relevant hEN.Therefore, durability was added in the list of performances to be declared in the DoP

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What information does the declaration of performance contain?

The Law

 

Content of the declaration of performance
(Article 6)

What you need to know

 

1. The declaration of performance shall express the performance of construction products in relation to the essential characteristics of those products in accordance with the relevant harmonised technical specifications.

• The declaration of conformity no longer exists. It is replaced by the DoP, which must contain all the information presented below. The DoP is required for CE marking purposes.

2. The declaration of performance shall contain, in particular, the following information:

 

(a) the reference of the product-type for which the declaration of performance has been drawn up;

• The DoP must relate to a product type or a group of product types. This product type must be identified in the DoP. (See CPR Article 2, definition 9 for definition of product type). The DoP may either cover only one product type or cover several.

A product type may cover several products with the same declared performances.

Example of a product type: Clear float 4 mm. Note: References to product types will vary between manufacturers,

 (b) the system or systems of assessment and verification of constancy of performance of the construction product, as set out in Annex V; 

• List all relevant systems of assessment and verification of constancy of performance (AVCP).

Example: Bullet-resistant glass has characteristics which are under AVCP system 1, 3 and 4. Annealed single coated glass has characteristics which are under AVCP system 3 and 4. Mirror without safety film has characteristics which are under AVCP system 4.

 (c) the reference number and date of issue of the harmonised standard or the European Technical Assessment which has been used for the assessment of each essential characteristic;

• Standard reference numbers should not be written next to each characteristic as only one hEN is applicable (only one hEN per product). This may be mentioned at the top of the declaration.

Date of the standard: The date of the standard is to be understood as the year in which the CEN ratifies the text. This may not be the same as the year in which the European Standard was published by the national standardisation body. This date can be found on the CEN website. The date of the latest version of the standard is to be included in the DoP (see Annex I).

• If a harmonised standard modification does not affect any of the declared values, the DoP with the date of the latest version of the harmonised standard canbe added next to the previous one(s). If the modification affects at least one declared value, the DoP referring to the old harmonised standard should be kept in the archive for ten years.

Example:
EN 1279-5:2005;

EN 1279-5:2005+A1:2008; 
EN 1279-5:2005+A2:2010. 
A1 was only a clarification of the classification of pendulum body impact resistance. A2 sets down rules for shared ITT.

In this example, as neither of these amendments affected any declared values, under the CPR there would be no need for a manufacturer to make new assessments of characteristics. The existing DoP would still be applicable, provided that this is made clear in the reference to the hEN.

  3. The declaration of performance shall in addition contain:

 

 (a) the intended use or uses for the construction product, in accordance with the applicable harmonised technical specification; 

• The intended use of all glass products is stated in the applicable hEN as follow: "glass use in buildings and construction works". No other intended use should be mentioned. Note: for many products, the manufacturer may not know the end use application.

 (b) the list of essential characteristics, as determined in the harmonised technical specification for the declared intended use or uses; 

 • See relevant hEN standards for the list of essential characteristics. See also the example in Annex II.

 (c) the performance of at least one of the essential characteristics of the construction product, relevant for the declared intended use or uses; 

• A DoP cannot be produced if the manufacturer is aiming to claim NPD (no performance determined) for all characteristics.

 (d) where applicable, the performance of the construction product, by levels or classes, or in a description, if necessary based on a calculation in relation to its essential characteristics determined in accordance with Article 3(3); 

• Glass manufacturers have been providing this information for years.

(e) the performance of those essential characteristics of the construction product which are related to the intended use or uses, taking into consideration the provisions in relation to the intended use or uses where the manufacturer intends the product to be made available on the market; 

• Glass manufacturers have been providing this information for years. Therefore, no change is required since the product’s intended use is ‘glass in buildings and construction works’.

 (f) for the listed essential characteristics for which no performance is declared, the letters ‘NPD’ (No Performance Determined);

• Glass manufacturers have been using ‘NPD’ for many years. Therefore, no change is required.

 (g) when a European Technical Assessment has been issued for that product, the performance, by levels or classes, or in a description, of the construction product in relation to all essential characteristics contained in the corresponding European Technical Assessment. 

• With very few exceptions, glass products are covered by harmonised European Norms rather than European Technical Assessments.

4. The declaration of performance shall be drawn up using the model set out in Annex III.

• On 21/02/2014, a delegated act on amending Annex III on the model to be used for drawing up a declaration of performance on construction products was signed. The model shown in Annex II of these guidelines is conforming to this delegated act.

• This new model requires to indicate the number of all notified bodies involved in the type tests, even for performances under AVCP system 3.

5. The information referred to in Article 31 or, as the case may be, in Article 33 of Regulation (EC) No 1907/2006, shall be provided together with the declaration of performance.

• Regulation (EC) No 1907/2006 is the REACH regulation. Final flat glass products put on the market by Glass for Europe's member companies are not subject to registration or pre-registration and do not require to be accompanied with safety data sheet unless they contain a concentration of SVHC of above 0.1% by weight. Under the current status of substances of very high concern (SVHC) and to the best of Glass for Europe's knowledge, none of the flat glass products made available on the market currently contain SVHC in such quantities.

• Basic requirement for construction works N°3: dangerous substances will have to be assessed in the framework of the DoP when the mandate for glass in building products (M135) will have been revised. In the meantime, nothing has to be declared.

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What should I do with my declaration of performance?

The Law

  

Supply of the Declaration of Performance (Article 7)

 What you need to know

 1. A copy of the declaration of performance of each product which is made available on the market shall be supplied either in paper form or by electronic means. However, where a batch of the same product is supplied to a single user, it may be accompanied by a single copy of the declaration of performance either in paper form or by electronic means. 

• The DoP must be made available to the recipient of the construction product. Electronic means and websites, in particular, are recognised as a valid way to provide DoP (see Delegated Act No 157/2014). Information by electronic means is well established in many industries and often the method of communication preferred by customers.

2. A paper copy of the declaration of performance shall be supplied if the recipient requests it.

 

3. By way of derogation from paragraphs 1 and 2, the copy of the declaration of performance may be made available on a web site in accordance with conditions to be established by the Commission by means of delegated acts in accordance with Article 60. Such conditions shall, inter alia, guarantee that the declaration of performance remains available at least for the period referred to in Article 11(2). 

• The delegated act referred to in this article was approved as Commission Delegated Regulation (EU) No 157/2014 on 30/10/2013.

4. The declaration of performance shall be supplied in the language or the languages required by the Member State where the product is made available.

 
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Where do I affix my CE marking?

 The Law

 

Rules and conditions for the affixing of CE marking
(Article 9)

 What you need to know

 1. The CE marking shall be affixed visibly, legibly and indelibly to the construction product or to a label attached to it. Where this is not possible or not warranted on account of the nature of the product, it shall be affixed to the packaging or to the accompanying documents.

• No change in comparison to the CPD. There is still a desire from some authorities or voluntary certification schemes for the CE marking to be printed on the glass. However, such requirements cannot be legally imposed on manufacturers. As it is not practical for the CE marking to be applied directly to the glass, it is common practice for the CE marking to be affixed to the sticker, the packaging or other accompanying documents. The information accompanying the CE marking may be separated and placed in different locations.

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What information does the CE marking contain?

 

The Law  

Rules and conditions for the affixing of CE marking
(Article 9)

 What you need to know

2. The CE marking shall be followed by the two last digits of the year in which it was first affixed, 

• This provision refers to a product type and not to an individual glass product. The year in which the CE marking was first affixed for a product type can be found here. However, a company starting production of this product type later must affix, the two last digits of the year in which the production was started.

For example, CE marking of coated glass was possible in 2005 and mandatory in 2006, therefore the CE mark should be followed by 05 or 06 regardless of the exact coating, for those companies which were producing at that time. A company starting the production of CE marked coated glass in 2013 should affix 13.

... the name and the registered address of the manufacturer, or the identifying mark allowing identification of the name and address of the manufacturer easily and without any ambiguity, 

• No change compared to CPD.

 ... the unique identification code of the product-type, 

• It can be a code, a trade name or any other way to identify the product (e.g. alphanumerical code, barcode or QR code). The information provided should be sufficiently complete so that the declared characteristics can be found without ambiguity.

Examples of unique identification codes:

  • YZ1234WU7
  • Superfloat extra clear 4 mm
  • Best IGU - 4mm Superfloat – 16mm argon 90% - 4 mm Bestcoated Low-E face 3.

 ... the reference number of the declaration of performance,

• It may be the same as the unique identification code (see CPR whereas 26).

 ... the level or class of the performance declared,

• There is no unique level or class that can be declared by glass manufacturers, therefore the reference to the DoP (see item above) is sufficient.

 ... the reference to the harmonised technical specification applied,

• The date is not required here, full information is provided on the DoP. Furthermore, no reference is needed to a possible amendment or corrigendum.

 ... the identification number of the notified body, if applicable, and 

• This is only applicable to glass products under AVCP system 1.

• The number of the certificate does not need to be indicated.

 ... the intended use as laid down in the harmonised technical specification applied. 

• The harmonised technical specification states that the intended use is: “Glass for use in buildings and construction works”.

3. The CE marking shall be affixed before the construction product is placed on the market. It may be followed by a pictogram or any other mark notably indicating a special risk or use. 

• No change compared to the CPD and no pictogram is necessary for glass products.

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Is there a derogation from CE marking? 

The Law

Derogations from drawing up a declaration of performance (Article 5)

What you need to know

By way of derogation from Article 4(1) and in the absence of Union or national provisions requiring the declaration of essential characteristics where the construction products are intended to be used, a manufacturer may refrain from drawing up a declaration of performance when placing a construction product covered by a harmonised standard on the market where:

 

(a) the construction product is individually manufactured or custom-made in a non-series process in response to a specific order, and installed in a single identified construction work, by a manufacturer who is responsible for the safe incorporation of the product into the construction works, in compliance with the applicable national rules and under the responsibility of those responsible for the safe execution of the construction works designated under the applicable national rules’.

• Non-series does not mean production of small quantities. All the conditions listed in Article 5 must be met to qualify as a non-series and to be exempted from CE marking.

Example: Although bullet-resistant glass products may be produced in small quantities by a specific producer to meet a bespoke order it does not satisfy all the requirements of article 5a. Therefore, the derogation would not apply to such products.

(b) the construction product is manufactured on the construction site for its incorporation in the respective construction works in compliance with the applicable national rules and under the responsibility of those responsible for the safe execution of the construction works designated under the applicable national rules;

• Not applicable to glass products for buildings and construction works.

(c) the construction product is manufactured in a traditional manner or in a manner appropriate to heritage conservation and in a non-industrial process for adequately renovating construction works officially protected as part of a designated environment or because of their special architectural or historic merit, in compliance with the applicable national rules.

• May be applicable for some specific applications.

Examples: traditional lead light, copper light or some types of curved glass or blown glass.

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What are the obligations of the distributor concerning the CE marking?  

The Law

Obligations of distributors (Article 14)

What you need to know

5. Distributors shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of the construction product with the declaration of performance and compliance with other applicable requirements in this Regulation in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by construction products which they have made available on the market.

• When (and only when) there is a request from a competent national authority (market surveillance or relevant Ministry) the distributor shall pass on the request to the manufacturer. This latter shall provide the necessary document/information to the distributor who will pass it to the authority. There is no need for the distributor to have all documents in advance (TT, technical files,…) in his own files. Only the DOP and the CE marking label are requested.

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What about national marks? 

The Law  

Whereas 33

What you need to know

The CE marking should be the only marking of conformity of the construction product with the declared performance and compliance with applicable requirements relating to Union harmonisation legislation. However, other markings may be used, provided that they help to improve the protection of users of construction products and are not covered by existing Union harmonisation legislation.

• The spirit of the law is that all other marks that cover the same areas as the CE marking are banned. This is meant to ensure the free circulation of construction products throughout the single market.

• Energy labels and ecolabels are examples of permitted voluntary markings.

• Other national third-party marks, which generally duplicate some of the requirements of the CE marking, should not be applied to glass products covered by a hEN.

General principles and use of CE marking (Article 8)

What you need to know

3. For any construction product covered by a harmonised standard, or for which a European Technical Assessment has been issued, the CE marking shall be the only marking which attests conformity of the construction product with the declared performance in relation to the essential characteristics, covered by that harmonised standard or by the European Technical Assessment.In this respect, Member States shall not introduce any references or shall withdraw any references in national measures to a marking attesting conformity with the declared performance in relation to the essential characteristics covered by a harmonised standard other than the CE marking.

• It must be noted that the CPR not only prohibits national restrictions on the placing on the market of CE marked construction products, it also prohibits restrictions on the use of these products.

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Reference material

Regulation (EU) No 305/2011 of the European Parliament and the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC

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Annexes

Annex I – Date of CE marking and publication of standards

Annex II - Glass industry model for a declaration