Living with the Construction Products Directive - The Role of the Notified Bodies

Transcription

1 Living with the Construction Products Directive - The Role of the Notified Bodies Francky Callewaert DG Enterprise The core of the CE marking Is obligatory for every construction product placed on the European Market and is based upon: Initial type test - To determine the performance of the product type Factory production control - The permanent internal control of production exercised by the manufacturer to assure that all produced products conform to ITT Every product brought onto the market must conform to the Initial Type Test 2 1

2 Application mechanisms of the CPD Attestation of Conformity Before Main actors: Industry Notified Bodies the product is placed on the market Market Surveillance After Main actors: Member States Prevent Detect products that do not conform with the harmonised specifications Complementary but independent 3 Attestation of Conformity CE Marking: Possible after date given in the publication of reference of the Harmonized Standard in OJEC + transposition in one Member State (i.e. producer s choice) Compulsory after end of period of co-existence - DoW (i.e. national provisions must be withdrawn) Main responsibilities: The Manufacturer For placing his product on the market For CE marking (and a correct CE marking declaration) The Notified Body For the correct execution of the tasks assigned to it 4 2

3 Be careful Notified bodies: for certification, inspection, testing Article 18 of the CPD Different things with completely different role EOTA approval bodies (specification writer) Article 10 of the CPD Not the subject of this talk 5 THE NOTIFIED BODIES Annex IV of the CPD Assessed and monitored by the Member States? Public or private organisation? Independence? Impartiality? Competence: * technical * legal, administrative? Professional secrecy 6 3

4 THE NOTIFIED BODIES F Designation by Member States F Assignment of tasks in terms of products and conformity assessment procedures F Formal notification to all Member States and the Commission F Allocation of identification number by EC F Publication in Official Journal F Responsibility of Member States for monitoring competence of Notified Bodies 7 THE NOTIFIED BODIES? Free choice of manufacturers to select a Notified Body within EEA, competent for required tasks? Contractual arrangements between manufacturer and Notified Body? Responsibilities of public nature: ; granting of certificates, withdrawal ; request of further information if necessary ; conduct of unannounced visits in the case of quality assurance, if necessary ; supply information to competent authorities 8 4

5 THE NOTIFIED BODIES : THE CHALLENGE The keyresponsibility of the Notified Bodies is to guarantee the equivalence of the CE-marking and so to guarantee its credibility. 9 The harmonised technical specification Main information source for the manufacturer For the initial type test Requirements related to Factory Production Control ER: Essential requirement, Char: Characteristic, TM: Test method 10 5

6 The harmonised technical specification: Informs about the role of the Notified Bodies System 1/1+ System 4 System 3 System 4 No Notified Body System 3 Test labs System 2/2+ FPC Certification body System 1/1+ Product certification Body System 2/2+ 11 Important remarks Under ALL AoC systems there is a declaration of the manufacturer The actions Of the Notified Bodies do NOT release the manufacturer of any of his responsibilities. The manufacturer has the free choice of Notified Body A notified body is notified by 1 Member State but can act for the whole EU.=> only 1 certificate/test report for the whole of the EU. 12 6

7 What if? The harmonised specification is not clear on CE marking related aspects Test methods can be used in a different way FPC requirements are not well defined THE NOTIFIED BODIES : THE main actions The group of Notified Bodies (GNB)? Exchange of information and experience on conformity assessment issues in order to ensure a uniform application of procedures? Elaboration of recommendations on technical aspects related to conformity assessment in close co-operation with the specification writers (CEN and EOTA)? Co-operation 14 7

8 THE Group of Notified Bodies 2 levels : Advisory Group : general coordination and liaison with the Commission and the Member States 22 Sector Groups (2 horizontal - 20 vertical) : to achieve consistency and equivalence in AoC for the products under scope. GNB seeks collaboration with the Specification writers For feedback For information 15 Advisory Group Full members : representatives of the national mirror-groups of NB-CPD Associate members : - ECC + EFTA - CEN + EOTA - observers : - candidate countries (CZ, SLO) - producers (CEPMC) - users (FIEC - UEPC) 16 8

9 THE NOTIFIED BODIES : THE COORDINATION Sector Groups Full members: ALL the Notified Bodies in charge of the AoC in the frame of the scope of the Sector Group Associate members: - CEN/TC(s) + EOTA/WG(s) - observers : - producers (Eurofederations) - users (Eurofederations) 17 Credibility of CE marking High quality technical specifications Covering all relevant product regulations in Europe Notified Bodies are Assessed by the Member State Annex 4 of the CPD, Guidance Paper A, Guidance Paper K Under continuous surveillance of the Member State Active in the Group of Notified Bodies Market surveillance by the Member State No private scheme can offer the same guarantees 18 9

10 Summary The goal: Achieve an effective Internal Market with high quality CE marking Underline the responsibility of the manufacturer High quality technical specifications Competent Notified Bodies An effective Market Surveillance 19 For information