DELEGATED ACT: ANNEX V

The European Commission has finally published the Delegated Regulation of 18th February 2014 amending Annex V of the CPR regarding the assessment and verification of constancy of performance (AVCP) of construction products.

The document, published in the Official Journal of the European Union and accessible through this link, has been developed to achieve three goals:

•    Prescribe the particular treatment of products for which European Technical Assessments (ETA) are issued. In other words products voluntary CE marked through the EOTA route.
•    Simplify and bring clarity to the distribution and description of AVCP tasks.
•    Reflect the current application practices of the AVCP systems, taking into account the experiences reported by notified bodies, Member States and industry.

In the initial Annex V the role and the activities of Technical Assessment Bodies (TAB) and their organisation (EOTA) was not included. According to the CPR, TABs are not notified bodies but they carry out assessments of performance of construction products by issuing an ETA. The amended text clarifies that notified bodies and manufacturers do not have to undertake the tasks already developed by TABs and reported in the ETA (Annex V 1.6: Construction products for which an ETA has been issued).

This delegated regulation does not alter the distribution of tasks established by the CPR- the obligation for the manufacturer to determine the product-type remains. The tasks to be developed are the same but the wording in the description has been improved; for example the name of the certificates to be issued under systems 1+ and 1, are called certificates of constancy of performance of the products, the term factory has been replace by manufacturing plant and continuous surveillance is now continuing surveillance… to avoid the connotation of constant surveillance that continuous could have.

The different bodies in charge of product certification, factory production control certification and laboratories are now clearly defined and for acoustics, the essential characteristics are redefined by replacing noise absorption in Section 3 of Annex V by acoustic performance.

Finally, a transitional provision is proposed to allow manufacturers to continue using certificates and other documents which were issued by notified bodies applying the initial Annex V of the CPR.

To conclude we can say that this second delegated act of the Construction Products Regulation has been developed and approved faster than the previous one and without any opposition of the Parliament and the Member States in the Council. However, the final document does not contain certain information that is important for manufacturers, in particular the so-called cumulative AVCP systems, where more than one system is applied to a given construction product.

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