Georgios Katsarakis European Commission

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1 Georgios Katsarakis European Commission

2 Single Market Strategy of the European Commission G. Katsarakis (DG GROW/C.1)

3 The Single Market strategy of the European Commission In January 1985, the President of the Commission, Jacques Delors, declared that in order to achieve the main objective of the EEC Treaty, the creation of a single market, all internal European borders should be eliminated by the end of In June 1985 the Commission proposed to the European Council a White Paper" on Completing the internal market [document COM(85)0310] which was welcomed by the European Council (Milan, 28 June 1985). Due to its importance the construction sector has been included in the White Paper of 1985.

4 The Single Market strategy of the European Commission In October 2015 the Commission presented the Single Market Strategy to unlock the full potential of the Single Market enabling people, services, goods and capital to move more freely. These measures will: Enable the balanced development of the collaborative economy Help SMEs and start-ups to grow Improve the opportunities for businesses and professionals to move across borders Address restrictions in the retail sector Prevent discrimination against consumers based on nationality or place of residence Modernise our standards system Create more transparent, efficient and accountable public procurement Consolidate Europe s intellectual property framework Ensure compliance culture / smart enforcement to help deliver a true Single Market

5 The Single Market strategy of the European Commission regarding products abolish technical barriers to the trade of products (EU legislation for specific product families e.g. the Construction Products Regulation 305/2011) control the effective functioning of the market (effective market surveillance) avoid creating new unjustified barriers (Directive 2015/1535/EU MS to notify draft regulations to avoid de jure / de facto barriers to trade). open the public procurement to competition (Directive 2014/23/EU on concession contracts, 2014/24/EU on utilities and 2014/25/EU on public procurement)

6 SINGLE MARKET FOR CONSTRUCTION PRODUCTS REGULATION (EU) 305/2011 elaboration of harmonised European standards (hen), implementation of the hens in all EU Member States through approximation of their national regulations, application of the CE marking on construction products in line with the hens, use of the hens by all actors (regulators, engineers producers, contractors) in a common European technical language. a MS may not prohibit in its territory the use of construction products bearing the CE marking, when the declared performance corresponds to the requirements for such use in this MS.

7 SINGLE MARKET FOR CONSTRUCTION PRODUCTS and how about OTHER MARKINGS?

8 SINGLE MARKET FOR CONSTRUCTION PRODUCTS CPR Art 8(3): 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 the corresponding hen or the ETA. Member States shall not introduce any references (and shall withdraw any existing references) in national measures to markings attesting conformity with the declared performance in relation to the essential characteristics covered by a hen other than the CE marking

9 CE marking on construction products Frequent misunderstandings The CE marking on a construction product is a passport for use in all Member States. (No, the product can be used if the declared performance corresponds to the requirements for such use in that Member State). The manufacturer receives the CE marking from a notified body. (No, it is the manufacturer who undertakes the responsibility for the DoP and affixes the CE marking on the product). The CE marking shows conformity with the standard and/or sets performance requirements (No, it shows conformity of the construction product with the declared performance and compliance with all applicable requirements laid down in the Regulation 305/2011 and in other relevant EU legislation). Does this mean that CE marked products are "dangerous"? (No, the designer must make the correct choices from all the products covered by the harmonised EN. The contractor needs to use the product with the specified performance).

10 SINGLE MARKET FOR CONSTRUCTION PRODUCTS HARMONISED STANDARDS Before citing candidate hens the EC services are assessing them in the framework of the provisions of CPR, Art 17(5) to ensure conformity with the relevant mandates. For the standards refused citation the EC services get in contact with the standardisers in order to find solutions with the view to cite these standards in the OJEU. The Joint Initiative on Standardisation was signed recently between EC services / ESOs / Industry to strengthen standardisation in all sectors. A number of actions are foreseen for construction products in order to enhance, streamline and facilitate standardisation in this product sector.

11 SINGLE MARKET FOR CONSTRUCTION PRODUCTS The European Technical Assessment area The new instrument introduced by the CPR for products not (or not fully) covered by hens is the European Technical Assessment: the documented assessment of the performance of a construction product, in relation to its essential characteristics, in accordance with the respective European Assessment Document. The Implementing Regulation (EU) No 1062/2013 of 30 October 2013 has defined the general details of the format of the European Technical Assessment. In March 2015 the Commission and EOTA have also agreed on a model EAD format. This led to significant improvements of the EADs drafts. Experience led the Commission to develop later Guidelines for the Implementation of the EAD format. It was also commonly agreed between EC services/ms/eota that ETAGs should be converted into EADs to be in line with the spirit of the CPR. The conversion is expected to follow the agreed EAD format.

12 SINGLE MARKET FOR CONSTRUCTION PRODUCTS EU Court s of Justice Decision in Case C-100/2013 (Commission against Germany) stressed the need for harmonised technical specifications to be precise and complete. Therefore hens (CEN) and EADs (EOTA) need to contain precise reference to the test methods (European methods or, in their absence, reference to the specific national test methods) of those Member States in which the manufacturer intends the product to be used and which regulate on the product performance. Expressions like e.g. Additional national requirements regarding aspect X of product perfromance may be in place in the MS are not acceptable in harmonised standards or in EADs.

13 SINGLE MARKET FOR CONSTRUCTION PRODUCTS EC services are also examining various incoming complains from manufacturers and importers of construction products facing barriers to trade. The EC services, following the usual procedures, first, contact the Member State and request clarifications and, in a second step, if the EC services consider that the case represents an infringement they request the MS to withdraw/amend the problematic provisions. In case of refusal from the side of the MS to comply the EC services may consider to start against this MS the infringement procedure in the Court of Justice of the EU.

14 SINGLE MARKET FOR CONSTRUCTION PRODUCTS NEW WORK AREA Study on the need to regulate in the framework of the CPR on the smoke toxicity from construction products in fires. (Contract signed) Development of a European assessment approach for the fire assessment of façades to provide a European method for product standards with the view to reduce to the maximum possible the national test methods without excessive burden for the manufacturer. (Tenders are now under evaluation - Contract expected to be signed within 2016)

15 SINGLE MARKET FOR CONSTRUCTION PRODUCTS The EC services submitted the CPR Implementation Report [COM(2016)445 final] to the European Parliament and the Council as foreseen in CPR Art 67(2). Among other matters, the report identifies the issues for which it is difficult to ensure a common and horizontal implementation of the CPR provisions. The EC services announced the establishment of ad-hoc groups (named Technical Platforms ) to discuss openly and extensively these matters with the view to reach to acceptable solutions.

16 The services sector The European Services Card Cross-border activity in certain sectors remains very low in particular for construction, engineers and architects services. Service providers to go cross-border today face a range of administrative obstacles (lack of IT tools and/or complex, long procedures). Member States rules differ significantly. There is no mutual recognition. The European Commission proposes the introduction of the European Services Card. It is focusing on business services and construction, and aims at making it easier for companies (in particular SMEs) to go cross-border by introducing fully electronic procedures, streamlining formalities and setting clear short deadlines. The initiative (initially presented as Services Passport) was in June 2016 supported by the European Council that called on the Commission to put forward solutions to facilitate businesses in key areas to go cross-border.

17 The Single Market strategy of the European Commission The role of the EUROCODES The EUROCODES provide: a basis to verify that civil engineering works satisfy certain Basic Works Requirements of the CPR: BWR 1 (Mechanical Resistance and stability) BWR 2 (fire resistance) and partly BWR 4 (Safety in use) a basis to assess (by calculation) the performance of structural products. The EUROCODES have strengthened the competitiveness of the European structural engineering sector and also facilitate the provisions of consulting engineering services in this professional sector.

18 The Single Market strategy of the European Commission The Judgement of the Court of Justice of the EU in Case C- 613/2014 (James Elliott) rendered ruled that the Court has jurisdiction to give a preliminary ruling concerning the interpretation of a harmonised standard for construction products. With this Judgement the Court provides for the first time an interpretation of the legal status of European harmonised standards and the European Standardisation bodies. The Court's Judgement confirms the position defended by the EC services and endorsed the position of the Advocate General in his Opinion of 28 January 2016.

19 The Single Market strategy of the European Commission Thank you for your attention Questions?