The ETA route to CE marking from the perspective of the European G. Katsarakis (DG GROW/C.1)
The Construction Products Directive 89/106/EEC and the Construction Products Regulation 305/2011 both acknowledged the need to establish a European instrument for the access to the EU market of products which are not (or not fully) covered by harmonised standards. Not (or not fully) covered means that the scope of the harmonised standard excludes the product and/or the methods included in the harmonised standard for assessing essential characteristics or the durability of the product cannot be used. Both legislative texts have indirectly kept open the route of national approvals (of course without the CE marking in this case).
The instrument of Directive 89/106/EEC was the European Technical Approval: a favourable technical assessment of the fitness for use of a product for an intended use, based on fulfilment of the essential requirements for building works for which the product is used. Regulation (EU) 305/2011 in Recital 19 recognises that European Technical Approval route should be simplified in order to make it more transparent and to reduce costs to manufacturers of construction products.
The new instrument introduced by Regulation (EU) 305/2011 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. Assessment of the product performance followed by declaration of the performance by the manufacturer and affixing the CE marking allows the product to be used when the declared performances correspond to the requirements for such use in a Member State.
Assessment Approval The ETAssessment is not an authorisation to place the product on the market. It is "merely" an assessment of the product performance. The ETAssesment does not have time limit, so the TAB does not need to be further involved in the process. TABs do not need to renew the ETAssessment if the product has not changed. A further consequence is that product identification is not necessary for the performance assessment.
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 and EOTA have also agreed on a model EAD format. This led to significant improvements of the EADs drafts. Experience led the to develop later Guidelines for the Implementation of the EAD format. In was also commonly agreed between, Member States and EOTA that ETAGs should be converted into EADs to be in line with the spirit of the CPR. The ETAGs conversion is expected to follow the agreed EAD format.
The EAD should be tailored to the requirements of those Member States in which the manufacturer intends the product to be used. This provides for the necessary flexibility and shortens the route to the ETA. The EAD may not go beyond the area of essential characteristics and durability. Whenever possible it should use methods established in harmonised standards The EAD established for the first manufacturer should not be a barrier for the second manufacturer. Problems often encountered in EADs are still concentrated on: not precise provisions regarding the assessment on dangerous substances, and unnecessary product identification clauses.
EU Court s of Justice Decision in Case C-100/2013 ( against Germany) stressed the need for harmonised technical specifications to be precise and complete. Therefore the EADs 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 Additional national requirements regarding aspect X of the product performance may be in place in MS or Aspect X of the product performance can be tested by applying the national test methods in place of use are not acceptable in harmonised standards or in EADs.
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