Revised Construction Products Regulation (EU )

On 10th April, the EU adopted its long awaited revision of the existing Construction Products Regulation (CPR). The document is not yet published in the Official Journal. Here are the texts adopted by the European Parliament.

The EU’s CPR sets out harmonised rules for the marketing of construction products in the EU.

The new EU CPR will repeal its predecessor immediately upon enforcement, with few exceptions relating to standardisation extending until 2039.

CE marking, a symbol of compliance with EU legislation, can still be obtained with European Assessment Documents (EADs) if they are cited in the Official Journal of the EU.

Note: EU CPR covers those construction products that are subject to mandatory CE marking. Not all construction products are subject to CE marking.

The revision will require manufacturers to meet the revised requirements; including providing environmental information about the life-cycle of their products. They will also be required to –

(1) design and manufacture a product and its packaging in such a way that their overall environmental sustainability reaches the state of the art level

(2) give preference to recyclable materials and materials gained from recycling

(3) respect the minimum recycled content obligations and other limit values regarding aspects of environmental sustainability

(4) make available, in product databases, instructions for use and repair of the products

(5) design products in such a way that re-use, remanufacturing and recycling are facilitated.

The European Commission is expected to introduce classes of environmental performance and thresholds through delegated acts, setting new benchmarks for product assessment.

The new CPR also includes measures to reduce the release of microplastics from construction activities. 

The new CPR will be added to client EHS Legislation Registers & Checklists –

(1) UK – added to the reference EU law look up list (OHS), most systems

(2) EU – added to OHS Register 105 (as appropriate) (if it had been requested)

Note: EU CPR is retained in Northern Ireland. This means the new CPR will also operate in Northern Ireland, unless the Executive decides to submit it to the Stormont Brake.

Note: in Britain, power is provided in the Building Safety Act to amend the assimilated 2011 CPR (the one existing before this EU revision), and those construction products that had CE marks must be marked with the UKCA mark from 1 Jan 2023, except NI qualifying goods. CE marked construction products will no longer be permitted to circulate from 30 June 2025. Following this revision of the EU CPR, regulation in the EU and in Britain will be significantly divergent.

New General Product Safety Regulation (EU)

Regulation (EU) 2023/988 will replace the existing EU General Product Safety Directive and the existing EU Food Imitating Directive from 13 December 2024.

The new Regulation is here.

Changes –

(1) it’s an EU Regulation not an EU Directive – directly applicable in Member States (and EFTA countries)

(2) Precautionary principle to be widely applied by all stakeholders for product safety

(3) Specific product safety obligations for both economic operators and providers of online marketplaces

(4) Additional product traceability requirements

(5) List of aspects to be taken into account when assessing the safety of products, including for new technologies

(6) Accident reporting to authorities by businesses

(7) Reinforced market surveillance rules

(8) Specific rules on how to handle product safety recalls, including a mandatory recall notice template, and right to remedy for consumers

The existing EU General Product Safety Directive applies in Northern Ireland. The action to be taken by the UK Government (if any) on the matter is as yet unclear.

New Deforestation-free Products Rules (EU)

On 29 June 2023, the EU’s Regulation on deforestation-free products entered into force. The document is here. The new Regulation repeals the EU Timber Regulation.

Under the EU Deforestation-free Products Regulation, any operator or trader who places products that might be derived from deforestation on the EU market, or exports from it, must be able to prove that the products do not originate from recently deforested land or have contributed to forest degradation.

The products involved include commodities like cattle, wood, cocoa, soy, palm oil, coffee, rubber, and some of their derived products, such as leather, chocolate, tyres, or furniture.

Operators and traders have 18 months from 29 June 2023 to implement the new rules. A longer adaptation period applies to micro and small enterprises.

FAQs is here. The new rules apply to exporters to the EU.

The EU Timber Regulation applies in Northern Ireland; but the action to be taken by the UK Government on the matter is as yet unclear.

New EU Asbestos Exposure Limit (EU)

In October 2023, the European Parliament adopted a replacement asbestos directive, already agreed with member states, that will decrease the occupational exposure limit of asbestos.

The occupational exposure limit (OEL) will be ten times lower – the limit value will be decreased from 0.1 to 0.01 fibres of asbestos per cubic centimetre (cm³), without a transition period.

After a maximum transition period of six years, member states will be obliged to switch to more modern and sensitive technology that can detect fibres, namely electron microscopy. They will then have the option to either decrease the level to 0.002 fibres of asbestos per cm³ excluding thin fibres, or to 0.01 fibres of asbestos per cm³ including thin fibres.

The new rules also include new requirements to protect workers more robustly. They will have to wear individual protective and respiratory equipment, clothing will have to be cleaned safely, there will be a decontamination procedure, and high-quality training requirements for workers.

The next step is formal endorsement by the Council, before publication in the EU Official Journal and entry into force.

Details are here.

This post will be updated with the link to the new Asbestos Directive, when it is published. [a post update does not result in a new email notification]

CE Marking Further (UK)

Following its announcement yesterday, the UK government updated its Brexit guidance. Here is the present state of the CE Marking guidance.

Indefinite recognition of CE marking beyond end Dec 2024 does not apply to all CE marked goods. For example:

Construction Products – recognition of the CE mark will end 30 June 2025.

Medical Devices – recognition of the CE mark will end on dates up to 30 June 2030 (dependant on the type of medical device).

Transportable Pressure Equipment has a different EU mark and is not covered by indefinite recognition.

Further blog posts will be issued if the situation changes again.

UKCA Marking reminder (UK)

The UKCA mark is a label to be attached to most goods traded in Britain.

On 14 November 2022, the UK government confirmed the EU label (the CE mark) would continue to be accepted in Britain until 1 January 2025. UPDATE (1st August 2023): this date is done away with. CE marking will continue to be accepted in all parts of the UK indefinitely.

Traders must be ready to use UKCA marking from 1 January 2025 at the latest, and it should be used where possible prior to this date. The UKCA mark has been available for use since 1 January 2021.

Until 31 December 2027, traders may affix the UKCA mark by means of a label, or similar, to the product, packaging, or documents, as required. But from 1 January 2028, the UKCA mark must be directly affixed to the product.

Conformity assessment activities for CE marking undertaken by 31 December 2024 may to be used by manufacturers as the basis for the UKCA marking, until 31 December 2027.

Northern Ireland – under the terms of the Ireland/Northern Ireland Protocol, Northern Ireland will continue to recognise the CE marking for goods placed on the market in Northern Ireland. They will need to use the UKNI marking if they use a UK Conformity Assessment Body to test their products.

This applies for most goods – here.

Different rules apply for:

• medical devices – here [note the EU has given more time for certain medical devices regulated under EU MDR – here)
• construction products – here
• marine equipment – here
• transportable pressure equipment – here
• rail products – here

And please note the rules for ROHS products – here.

UKCA marking (Britain)

The UK Conformity Assessed (UKCA) mark is the new mandatory mark on a large number of manufactured goods to indicate that they conform to legislation enacted in Westminster for Britain (GB).

Businesses have until 1 January 2023 to start using UKCA marking which replaces EU marking.

On 20th June 2022, the then UK government announced that conformity assessment activities undertaken by EU bodies before the end of 2022 would be considered as the basis for UKCA marking in 2023.

That UK government announced that legislation on this would be brought forward before the end of 2022 to enable manufacturers to apply the UKCA mark on these products without the need for re-testing.

The purpose of this new legislation (if enacted) would be to allow CE marked products that are manufactured and imported into the UK by the end of 2022 to be sold, without the need to meet UKCA requirements. This would remove the current need for retesting and recertification for products that are imported whilst the UK recognised CE requirements. 

The 20th June 2022 announcement also states the UK would continue to accept spares onto the GB market which comply with the same requirements that were in place at the time the original products or systems they were being used to repair, replace or maintain were placed on the market.

Legislation would also be brought forward to extend current labelling easements to allow important information and other UKCA markings to be added to products using a sticky label or an accompanying document.

In addition, the 20th June 2022 announcement states that manufacturers of construction products under AVCP system 3 – such as radiators, sealants and tile adhesives – whose products are tested by an EU notified body before 1 January 2023 would be able to obtain a UKCA mark without having to retest through a UK-approved body.

The 20th June 2022 announcement is here.

The business sectors that these measures apply to include:

• aerosols

• electrical and electronics

• equipment for explosive atmospheres

• pyrotechnics

• gas appliances

• lifts

• machinery

• outdoor equipment

• personal protective equipment

• toys

• pressure equipment

• civil explosives

• recreational craft

There are different rules for:

• medical devices

• construction products

• cableways

• transportable pressure equipment

• unmanned aircraft systems

• rail products

• marine equipment

UKCA Mark (UK from 1st Jan 2021)

On 1st September, the UK issued instructions for manufactured goods (and some other classes of goods), together with instructions on the UKCA mark applicable from 1st Jan 2021.

The UKCA mark instructions are here.

The instructions for manufactured goods are here.

The instructions for medical devices are here (note CE marked goods can circulate in GB until 30 June 2023).

The instructions for construction products are here.

The instructions for explosives are here. (HSE)

The instructions for rail interoperability are here. (dating from 1st July 2020)

UKCA (UK Conformity Assessed) marking is a new UK product marking that will be used for goods being placed on the market in Great Britain (England, Wales and Scotland). It covers most goods which previously required the CE marking, and aerosol products. I Blog posted some time ago about UKCA marking coming in.

UKCA marking alone cannot be used for goods placed on the Northern Ireland market, which will continue to require CE marking or UK(NI) marking.

The technical requirements (‘essential requirements’) and the conformity assessment processes and standards that can be used to demonstrate conformity – will be largely the same from 1st Jan 2021 as they are now.

UKCA marking can be used from 1 January 2021. However, CE marking will be permitted until 1 January 2022 in most cases.

CE marking will only be valid in Great Britain for areas where GB and EU rules remain the same. If the EU changes its rules and the product carries the CE mark on the basis of those new rules, CE marking will not be permitted for sales in Great Britain even before 31 December 2021. Please look out for Blog posts.

UKCA marking will not be recognised on the EU market. Products currently requiring a CE marking will need a CE marking for sale in the EU from 1 January 2021. [note from 1 Jan 2021, CE marks must be issued by legal entities based in the EU]

UKCA marking does not apply to existing stock, for example if the good was fully manufactured and ready to place on the market before 1 Jan 2021. In these cases the good can be sold in Great Britain with a CE marking even if covered by a certificate of conformity issued by a UK body.

On 1 Jan 2021 UK standards will be the same in substance and with the same reference as the standards used in the EU. However, they will use the prefix ‘BS’ to indicate that they are standards adopted by the British Standards Institution as the UK’s national standards body.

From 1 Jan 2022, CE marks will not be recognised in Great Britain for areas covered by the UKCA mark instructions and the UKCA marking. However, a product bearing the CE marking would still be valid for sale in the UK so long as it was also UKCA marked and complied with the relevant UK rules. Separate rules apply to medical devices (see the link above).

Product areas covered by the UKCA marking

• Toy safety

• Recreational craft and personal watercraft

• Simple pressure vessels

• Electromagnetic compatibility

• Non-automatic weighing instruments

• Measuring instruments

• Lifts

• ATEX

• Radio equipment

• Pressure equipment

• Personal protective equipment

• Gas appliances

• Machinery

• Outdoor noise

• Ecodesign

• Aerosols

• Low voltage electrical equipment

• Restriction of hazardous substances

All enquiries should be to BEIS.

This is a summary, please follow the links and read the instructions in full.

Building Safety (England)

On 2nd April, the government gave an update on its progress to overhaul England’s building and fire safety regimes, following the catastrophic Grenfell Tower fire in London.

The government’s update on building safety is here. Some key points –

(1) the new Building Safety Regulator (that is being established in shadow form by the Health and Safety Executive – I Blog posted about this at the time of announcement in January 2020) will be responsible for implementing and enforcing a more stringent regulatory regime for higher risk buildings, as well as providing wider and stronger oversight of safety and performance across all buildings, and increasing the competence of those working on building safety

(2) the new regulator will be responsible for all major regulatory decisions made at key points during the design, construction, occupation and refurbishment stages of buildings in scope

(3) the government will establish a national construction products regulatory role to strengthen the oversight of the existing regulatory regime governing construction products

(note – construction products in the UK are presently regulated by retained EU Law – see the Brexit Consolidated Law List in Subscribers’ tailored Cardinal Environment EHS Legislation Registers & Law Checklists systems)

(4) the government has confirmed ACM PE (a cladding material used at Grenfell Tower) presents an unparalleled risk and should be remediated on all buildings – the update also state consolidated advice is clear that other cladding materials should also be assessed for safety and remediated where found to be unsafe –

External wall systems on high-rise buildings using Class C or D HPL panels are unsafe and should be removed as they do not comply with building regulations.

(5) in May 2020, the government will publish an update to Approved Document B that will include increased fire safety measures in high-rise residential buildings, including the provision of sprinkler systems and consistent signage in all new high-rise blocks of flats over 11 metres tall

(Subscribers to Cardinal Environment tailored EHS Legislation Registers & Law Checklists who have Approved Document B loaded, will have this updated)

(6) the government will work with the National Fire Chiefs Council on a series of tests of new evacuation alert systems technology, with a view to including guidance in a later update to Approved Document B

(7) the government has announced measures to support construction professionals who have experienced challenges in accessing adequate Professional Indemnity Insurance and support for fire engineers who are advising on the safety of high-rise and other complex buildings

Announcements already made include –

(a) naming building owners who have been slow to act in removing unsafe ACM cladding

(b) introducing the Fire Safety Bill as part of delivery of the recommendations of the Grenfell Inquiry’s Phase One report – the Bill is not yet progressed

(c) legislating for the new reforms through the Building Safety Bill – this Bill is also not progressed

A blog post made at the time covers their First Reading at UK Parliament.

EU Law in UK 2021 (UK Brexit)

Exit day is 31st January (end of this month)

Implementation period completion day is 31st December (this is the end of the transition period)

The Chancellor speaking to the Financial Times, confirms there will be no dynamic alignment with EU Law after 2020.

I am not yet clear which laws will diverge, but please note the Brexit laws allow divergence, for example the Brexit Agriculture Bill provides for England, Wales and Northern Ireland to create their own marketing standards (Scotland will need to enact its own Brexit Agriculture Bill).

The EU Exit regulations (statutory instruments) we (Cardinal Environment) are consolidating into domestic law only deal with the pre-Brexit period to end Dec 2020.

It is the FT front page today (Saturday 18th January) and the lead on BBC online.

EU Law per se will not apply anyway. Note, there may be some long tail implementation left over from pre-Brexit that will be implemented.

We (Cardinal Environment) are already consolidating the EU Exit regulations into domestic law, and creating the Retained EU Law (EU Regulations, not Directives, that are adopted). Progress in this project can be seen by clicking the Brexit Consolidated Law List on the top right hand side of EHS Legislation Registers & Checklists homepages (both ENV and OHS).

We are working to the deadline of 31st December 2020 for completion of this project.

In addition, EHS Legislation Registers & Checklists will see the home page choice of ENV or OHS have additional Post-Brexit choices, and the existing links relabelled Pre-Brexit.

The Post-Brexit links will direct to shadow Registers & Checklists that will run from the end of Q1 to hit the end Dec 2020 deadline, for switch over to Post-Brexit.

Post-Brexit shadow Registers & Checklists running in 2020 will have Brexit Consolidated Law loaded (accessibility will stay from the main Brexit Consolidated Law list), and will display a changed Register layout.

Post-Brexit EHS Legislation Registers layout – EU Law will be moved from the top to below Guidance. We will still supply up to date EU Law to UK customers, but this is where it will be found. Retained EU Law will be displayed at the top of the Register.