New Approach vs Standards and Regulation: how it all works between the EU and an EU Member State (UK example) Volodymyr Yakubov Senior Standardization Expert, INOGATE Head of International Projects, BSI Brussels, 29 th of January 2013 www.inogate.org
Topics Covered 1.Why do people use standards 2.How standards relate to legislation 3.Key areas 1.Building Regulations & the Wiring Regulations 2.New Approach Directives 3.Construction Product Regulations 4.Public Contracts Regulations
Why do people use standards? Some of the most common reasons... 1. Certification (eg. to be able to practice as an electrician in the UK you need to be certified by IET*, who require that you have a copy of the Wiring Regulations) 2. Contracts (eg. to be eligible to bid for most public sector contracts, you need to be ISO 9001 certified) 3. Legislation (eg. To comply with the requirements of the Building Regs, you need to apply cited standards like BS 8300, Disabled Access to Buildings) 4. Competitive advantage (cost saving, consumer confidence etc.) *The Institution of Engineering and Technology http://www.theiet.org
What are the consequences of not following legislative, contractual or competency related certification requirements? 1.Penalties (fines, imprisonment) 2.Financial ruin So, these are the most compelling drivers to use standards.
Possible examples of areas where standards are mandated in legislation? Possible examples? 1. Standards cited in the Building Regulations 2. Wiring Regulations 3. Standards linked to New Approach Directives Actually, none of these standards are mandatory because the legislation requires it.
How many standards are actually mandated by UK legislation? The answer is 4 or 5, and these are marginal and historical
Does this weaken legislation as a driver to use standards? c.75% of BSI s top 30 standards are used to demonstrate legislative compliance This includes: BS 7671, Requirements for electrical installations. IET Wiring Regulations. Seventeenth edition BS EN ISO 9001, Quality management systems. Requirements BS ISO/IEC 27001/BS7799 2, Information technology. Security techniques. Information security management systems. Requirements BS OHSAS 18001, Occupational health and safety management systems. Requirements
Why is legislation a key driver to use standards? There are two phrases that shed light on this confusing situation 1.Statutorily approved guidance 2.Presumption of conformity
Building Regulations The Regulations are short documents that state principles Eg. Materials and workmanship 7. Building work shall be carried out (a)with adequate and proper materials which (i) are appropriate for the circumstances in which they are used, (ii) are adequately mixed or prepared, and (iii)are applied, used or fixed so as adequately to perform the functions for which they are designed; and (b) in a workmanlike manner
The Building Regulations are linked to 15 Approved Documents, which contain statutorily approved guidance Approved Document A Structure Approved Document B Fire Safety Approved Document C Site preparation and resistance to contaminants and moisture Approved Document D Toxic substances Approved Document E Resistance to the passage of sound Approved Document F Ventilation Approved Document G Sanitation, hot water safety and water efficiency Approved Document H Drainage and waste disposal
Statutorily approved guidance explains how to achieve the principles stated in the Regulations Eg. (from Approved Document 7) "Ways of establishing the adequacy of workmanship 2.1 a. standards i. The method of carrying out the work is included in the recommendations of a British Standard Code of Practice... ii. The method conforms to an equivalent technical specification b. technical approvals.... c. management systems The workmanship is covered by a scheme which complies with the relevant recommendations of BS EN ISO 9000... d. past experience"
The Wiring Regulations are not a Technical Regulation The Wiring Regulations are a British Standard cited in Part P of the Building Regulations They have no statutory force BUT electricians wishing to be certified to carry out work by the IET* need to have a copy of the standard *The Institution of Engineering and Technology
Why is this considered a better approach to simply mandating the use of specific standards? 1.Means of compliance developed by industry, by consensus rather than imposition 2.Allows for innovative approaches to building, not restrictive & inflexible. Builders can persuade building control that innovative approach is consistent with Regulations
Regular standard users follow revisions of standards The following Approved Documents are due for revision in Q1 or Q2 of this year. 1.Part A (Eurocodes) 2.Part L (Energy) 3.Part P (Wiring Regulations)
EU New Approach Directives work like the UK Building Regulations These Directives apply to many products sold in the EU They specify how the CE mark should be used However, they only set out the essential requirements (on health & safety for example) European harmonised standards provide the detailed technical information enabling manufacturers to meet the essential requirements If these standards are used it creates a presumption of conformity Use of these standards is not mandatory, as alternative methods can be used to demonstrate conformity the Official Journal of the European Union lists the relevant standards
The New Approach Directives Chemicals Chemical substances (REACH) Explosives for civil uses Pyrotechnic articles Conformity assessment and management systems New Legislative Framework (NLF) and Eco Management and Audit Scheme (EMAS) Construction Construction products (CPD/CPR) Consumers and workers protection Cosmetics products General product safety Personal protective equipment (PPE) Toys safety Energy efficiency Ecodesign and energy labelling Electric and electronic engineering Electromagnetic compatibility (EMC) Equipment for explosive atmospheres (ATEX) Low Voltage (LVD) Radio and Telecommunications Terminal Equipment (RTTE) Restriction of the use of certain hazardous substances (RoHS) Healthcare engineering Active implantable medical devices In vitro diagnostic medical devices Medical devices (MDD) Measuring technology Measuring instruments (MID) Non automatic weighing instruments (NAWI) Mechanical engineering and means of transport Cableway installations designed to carry persons Equipment for explosive atmospheres (ATEX) Gas appliances (GAD) Lifts Machinery (MD) Pressure equipment (PED) Rail system: interoperability Recreational craft Simple Pressure Vessels (SPVD) Services Community postal services Sustainability Packaging and packaging waste
The New Approach Directives (electric & gas sector selection) Electric and electronic engineering Electromagnetic compatibility (EMC) Equipment for explosive atmospheres (ATEX) Low Voltage (LVD) Radio and Telecommunications Terminal Equipment (RTTE) Restriction of the use of certain hazardous substances (RoHS) Energy efficiency Ecodesign and energy labelling Measuring technology Measuring instruments (MID) Non automatic weighing instruments (NAWI) Mechanical engineering Equipment for explosive atmospheres (ATEX) Gas appliances (GAD) Machinery (MD) Pressure equipment (PED) Simple Pressure Vessels (SPVD)
What are the penalties for noncompliance? 1. If a country within the European Union fails to implement a Directive, this results in EU action, on the basis that that country is creating a barrier to trade within the European Union (eg changes in the UK to Part L of the Building Regulations in 2010 were blocked by the Commission). The Commission applies escalating fines for non compliance. 2. If a company fails to follow CE marking requirements it faces a maximum of 3 months in jail and a 5000 fine (for the director of the offending company).
Construction Product Regulations These replace in the UK the Construction Products Directive on 1 st July 2013 They make CE marking compulsory for all construction products in the UK They effect the 20% of products that are not currently CE marked As things stand, CE marking becomes mandatory for the construction materials. It s not clear whether this is intentional....
CPR create opportunities for standards This creates a significant opportunity. We are revising c.500 standards over the next few years to comply with the Regulations and manufacturers will need to know about the changes. There is a lot of interest at the moment in the CPR and we have created a free guide to the changes, which can be accessed on the website. http://www.bsigroup.com/en GB/ourservices/product certification/ce mark/eudirectives/construction products regulation cpr/ We will also be publishing a list of the standards to be changed.
Public Contract Regulations state what standards should be prioritised They apply to all public sector projects UK implementation of EU Public Procurement Directive. Aim is to remove barriers to trade within the EU The Regulations state what types of standards should be prioritised in project specifications A contracting authority shall define the technical specifications required for a contract by reference to technical specifications in the following order of preference. (i) British standards transposing European standards; (ii) European technical approvals; (iii) common technical specifications; (iv) international standards; or (v) other technical reference systems established by the European standardisation bodies; or (b) in the absence of the technical specifications referred to in sub paragraph (a), by reference to the following technical specifications. (i) British standards; (ii) British technical approvals ; or (iii) British technical specifications relating to the design, calculation and execution of the work or works and use of the products; and each reference to a technical specification made in accordance with this paragraph shall be accompanied by the words or equivalent
Public Contract Regulations opportunities Eurocodes+: public sector specifiers (eg Network Rail, Highways Agency, Transport for London) need to use Eurocodes
Summary Standards are not mandatory alternative methods can be used to demonstrate compliance Standards can save time and money often the quickest and most cost efficient method of gaining approval when proving compliance Standards can enable access to markets European standards harmonized by European Directives enable manufacturers to meet the essential requirements for CE Marking, thereby allowing them to operate in a market Standards can and should work alongside policies and regulations, but their relationship is not 100% clear and straightforward
Thank you! Any questions? Volodymyr Yakubov Head of International Projects T: +44 20 8996 7080 M: +44 77 855 00 511 F: +44 20 8996 7997 volodymyr.yakubov@bsigroup.com BSI Group, 389 Chiswick High Road, London, W4 4AL, United Kingdom The British Standards Institution is a member of BSI Group and is incorporated in England by Royal Charter with its principal office at 389 Chiswick High Road, London, W4 4AL, United Kingdom