Transcript European Economic Internal Market Construction Products

Market surveillance
MRA
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Index
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Market surveillance
Mutual Recognition Agreements (MRA)
Guidance Papers
Standing Committee on Construction
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Market surveillance
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For more confidence in the market
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Necessary because of unfair market competition
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Must be harmonised
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Results must be independent and comparable in
the determination of the characteristics
independently of who does the control
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Market surveillance
New Approach directives provide for both premarket and post-market product controls to
ensure a high level of product safety
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Market surveillance is a national responsibility
It is carried out by government officials in the
market place
Rapex communication system between the
Commission and Member States
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General Product Safety Directive
2001/95/EC
The Directive pursues its principal objective of ensuring
consumer product safety by:
 specifying that products placed on the market or
supplied by producers and distributors must be safe;
 defining a safe product;
 imposing obligations on producers and distributors
consistent with marketing safe products;
 laying down a framework for assessing safety;
 requiring enforcement authorities to be empowered to
take the action necessary to protect consumers from
unsafe products.
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RAPEX notifications 2004 of unsafe products
Source: European Commission, DG SANCO, B3 – data compiled by ORGALIME
36%
EU
27%
Foreign
origin
49%
24%
CHINA
ASIA
China
6%
3%
2% 2%
JAPAN
USA
OTHERS
UNKNOWN
EU
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Consumers, workers and other users are entitled to
safe products and a safe working environment
everywhere
Unfair competition has a strong effect on
European competitiveness:
 Loss of production
loss of jobs
 Loss of brand reputation
loss of confidence
 Issues of health and safety
product liability
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Notified Bodies should be excluded from the
responsibility of market surveillance activities.
This is to avoid conflicts of interest and to
guarantee the impartiality of market surveillance
operations…
Blue Guide
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Market surveillance
To improve it is necessary:
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More dialog between MS
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More coherence in the approach
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More harmonization in techniques and methods
of involvement
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More swiftness in the intervention
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CPD problems on market surveillance
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problems concerning the whole construction
product directive (89/106/EEC) based on
conformity assessment systems
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practical problems concerning the organisation
of day-to-day market surveillance work
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Market surveillance
To improve it is necessary:
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Allocation of sufficient and competent resources
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More dialog between MS
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More coherence in the approach (improve where
problems are)
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More harmonization in techniques and methods of
involvement
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Ensure high level of information to the market and to
economic operators
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simple and 'easy to understand' legislation
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Mutual recognition
3 main instruments in the global era:
1.
Harmonization of requirements through universal
standards (European and internatonal)
2.
Global quality improvement through the
implementation of ISO 9001 standards and
certification
3.
Evidence of competence of third parties given by
accreditation recognised at European and
international levels
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MRA
Between countries with the same
comparable level of technical development
and comparable concepts of testing and
product approval
Facilitates international commerce
Reduces costs and time to obtain approvals
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MERCADOS INTER REGIONAIS
EUA, JAPÃO, CANADA, AUSTRALIA, NOVA ZELÂNDIA, HONGKONG, ISRAEL, SINGAPURA, ....
European Commission signs MRAs with
third country governments
Agreements based on the mutual
recognition of certificates
Acceptance of conformity marks and test
reports of each part, issued in accordance
with the third parties legislation
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MRAs
international commerce of regulated products
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Product is evaluated in the country where it is
produced in accordance with the legislation of
the other
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They are applicable to category or product
sectors
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Follow an established framework (sectoral
annexes)
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Does not mean mutual acceptance of
regulations and standard of the destination
country
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Products exported to the European Union
Manufacturer exporting to the EU must:
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Manufacture products to export to the EU in
accordance with the NA directives
Undergo a conformity assessment procedure
Name a representant established in the EU to
represent him
If he does not have a representat, the importer
in the EU is responsible to provide the market
surveillance entity the EC Declaration of
Conformity and the technical documentation
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CONCLUSIONS
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Technical information must be seen as essential to
elucidate interested parties, exporters and consumers
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Implementation of agreements will be accomplished
between countries with a comparable technical
development in testing and product approval
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Conformity assessment structures must be organised
according to international requirements
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Market surveillance must be the authorities
responsibility
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Guidance Papers
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CPD - GUIDANCE PAPERS
GP A: The Designation of Approved Bodies In The Field of
The Construction Products Directive
GP B: The Definition of Factory Production Control in
Technical Specifications for Construction Products
GP C: The Treatment of Kits and Systems under the
Construction Products Directive
GP D: CE Marking under the Construction Products
Directive
GP E: Levels and Classes in the Construction Products
Directive
GP F: Durability and the Construction Products Directive
GP G: The European Classification System for the Reaction
to Fire Performance of Construction Products
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GP H: A Harmonized Approach Relating to Dangerous
Substances under The Construction Products Directive
GP I: The Application of Article 4(4) of the Construction
Products Directive
GP J: Transitional Arrangements under the Construction
Products Directive
GP K: The Attestation of Conformity systems and the role
and tasks of the notified bodies in the field of the
construction products directive
GP L: Application and use of Eurocodes
GP M: Conformity Assessment under the CPD: Initial typetesting and Factory production control
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GP A: The Designation of Approved Bodies In The Field of The
Construction Products Directive - Art. 18+Annex IV
Intended for: Member States
 Definition of criteria for equivalent assessment of applicants bodies
by Member States
 Information to MS on elements to be communicated to EC in
individual notifications
 Main responsibilities of MS (territory, compliance with CPD,..)
 Interpretation of Annex IV (compliance to EN 45000,…)
 Basis for assessment of Notified Bodies
- Annex A: annex IV for bodies doing conformity of product certification
- Annex B: annex IV for bodies doing FPC
- Annex C: annex IV for bodies doing inspection
- Annex D: annex IV for Testing Laboratories
- Annex E: letters of designation
- Annex F: Notification for Art 18
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GP K: The Attestation of Conformity systems and the role
and tasks of the notified bodies in the field of the
construction products directive
Intended for: NBs, regulators, enforcement
authorities (complements GP A)
 Details the conformity assessment systems
 Relation between systems and notified bodies
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Principles
methods of control of conformity
Systems of conformity assessment
Notified bodies involved in conformity assessment
Sample marking and reporting
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GP M: Conformity Assessment under the CPD:
Initial type-testing and Factory production control
Intended for technical specification writers
 General principles (what clauses to include in
hEN and ETAs)
 Initial type testing (test and assessment methods,
ITT for different category of production,
reduction of ITT costs, shared ITT results,
cascading ITT, permitted alternatives)
 Factory production control
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Standing Committee on Construction
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SCC/CPD
To examine any question posed by the implementation
and the practical application of the Directive
Representation of all Member States.
Competence of
- the establishment of the procedures for the
attestation of conformity;
- the establishment of classes of requirements ;
- decisions on interpretative documents
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Assisted by: Preparatory Group and Fire Regulators
Group
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Consequences of the CPD in Member States
At the regulating and standardisation area
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Adaptation of the national legislations and regulations (general
rules, codes of practice, safety against fire,…)
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Transposition of European harmonised standards and
correspondent supporting standards (testing, classification,…)
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Transposition of other European standards (eurocodes,
performance with safety to fire, acoustics,…)
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Publication of the Guides and ETAGs in local languages
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Consequences of the CPD in Member States
At the level of classification and homologation of products
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National obligatory classification and technical approvals must
be withdrawn
At the level of European technical approvals
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Issue of ETAs to innovative or different from hEN product
publication of ETAgs in national languages
Publication in national official journals of references to the
chosen conformity assessment system where the EU Decisions
leave it to the MS
Withdrawing of compulsory conformity assessment systems for
construction products
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Research
- get information on applicable technical specifications
- information on new national regulations and
legislation
- research on the technical and economic impact of the
new technical regulation and specifications
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Actions by the construction sector
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INDUSTRY OF PRODUCTS
- get information on applicable technical specifications
- adapt production to requirements
- maintenance of FPC
- acquire laboratories and notified bodies services
- EC marking
- information on the legal requirements of the destination
country
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COMMERCE AND CONSTRUCTION INDUSTRY
- get information on applicable technical specifications
- verification of information accompanying EC marking
- technical support to clients
- information on the legal requirements of the destination
country
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Internet SITEs
NANDO (directives – info on notified bodies)
http://www.newapproach.org/
http://www.europa.eu.int/eur-lex (legislation)
http://europa.eu.int/comm/
http://europa.eu.int/scadplus/leg/en/s06011.htm
(technical harmonisation)
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