| FIEC PRESS RELEASE CONSTRUCTION PRODUCTS REGULATION: POLITICAL AGREEMENT IN COUNCIL CONCERN REMAINS SURROUNDING CE MARKING OBLIGATION FOR CONTRACTORS |
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FIEC takes note of the political agreement reached on the proposal for the Construction Products Regulation adopted by the Competitiveness Council on 25/05/2010 and is satisfied with many of he modifications agreed by the Member States. FIEC welcomes the fact that the obligatory nature of CE marking is reinforced and the Council has heard the message conveyed through FIEC’s national member federations namely to ensure sufficient information concerning a product’s performance in works and intended use remains indicated on a construction product when it is placed on the market. FIEC however is extremely concerned that, through the wording of the new article 4a, contractors who produce and install construction products, such as pre-cast concrete elements, into their own works may, in certain cases, be obliged to CE mark construction products even though they are also liable for thoseworks. This double liability is unacceptable as it will impose an undue burden on mainly small and medium sized enterprises. FIEC therefore puts forward an amendment to article 4a as follows: The version adopted in the political agreement: By way of derogation from Article 4 (1) and in the absence of European or national provisions requiring the declaration of essential characteristics where the manufacturer intends to place its product on the market, when placing on the market a construction product covered by a harmonised standard, manufacturers may refrain from drawing up a declaration of performance when:… (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 the people responsible for the safe execution of the works designated by the applicable national rules. FIEC’s suggested amendments: (b) the construction product is manufactured for incorporation into construction works when the product is manufactured by the same economic operator carrying liability for the construction works in compliance with the applicable national rules and under the responsibility of the people responsible for the safe execution of the works designated by the applicable national rules.
In FIEC’s view there should be no distinction between a construction product manufactured onsite and the same product manufactured by the same contractor off site as long as the same company that manufactures the product is also liable for the works where the product is being installed. |
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