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Disclaimer:

The answers provided reflect the views of the Technical and Testing Institute for Construction, a.s. They cannot be considered as a binding interpretation of relevant legislation. The answers are compiled by employees of the institute who actively participated in the creation of the respective legislation and represent Slovakia in bodies established under the CPR, specifically in the Advisory Group of Notified Bodies (AG-NB) and in the organization uniting Technical Assessment Bodies (EOTA).
 

Explanations:

CPR - Construction Products Regulation (Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonized conditions for the marketing of construction products and repealing Council Directive 89/106/EEC). CPD - Construction Products Directive (Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations, and administrative provisions of the Member States relating to construction products).
 

• What new obligations does the CPR impose on manufacturers before placing a construction product on the market?

Compared to the obligations under the CPD, it involves issuing a Declaration of Performance instead of a Declaration of Conformity under the CPD, where the Declaration of Performance must include the declaration of at least one essential characteristic, even if the member state for which the product is intended does not require it. In other words, the use of the option NPD (No Performance Determined) for all essential characteristics according to the harmonized standard is not allowed. Subsequently, after issuing the Declaration of Performance, the product must be labeled with the CE marking, which is now mandatory under the CPR for all member states.

• Is it sufficient to make the Declaration of Performance of construction products available on a website?

Yes, if the manufacturer meets the conditions specified in COMMISSION DELEGATED REGULATION (EU) No 157/2014 of 30 October 2013. More... Regulation No 157/2014.

• If the manufacturer has already placed a construction product on the market before July 1, 2013, during the validity of the CPD and Act No. 90/1998 Coll. on Construction Products, what must be done to continue making this product available on the market?

If the same product is being placed on the market and the certificate is still valid (applies only to systems of attestation of conformity 1+, 1, and 2+), the same procedures as before July 1, 2013, can be followed. However, the Declaration of Conformity under the CPD must be replaced with a Declaration of Performance under the CPR and the CE marking must be modified accordingly. In the case of systems 1+, 1, and 2+, renamed as Systems of Assessment and Verification of Constancy of Performance (AVCP) under the CPR, the notified body continues to carry out agreed continuous surveillance and, in the case of system 1+, also testing, without being obliged to issue a revised certificate under the CPR. However, it may do so at its discretion or at the request of the manufacturer.

• When does the manufacturer follow the CPR, and when do they follow the (new) Act No. 133/2013 Coll. on Construction Products and on the Amendment and Supplementation of Certain Acts, as well as the Decree of the Ministry of Transport, Construction and Regional Development of the Slovak Republic No. 162/2013 Coll., establishing the list of groups of construction products and systems for assessing parameters, as amended by Decree of the Ministry of Transport, Construction and Regional Development of the Slovak Republic No. 177/2016 Coll. (hereinafter referred to as "Decree No. 162/2013 Coll.")?

If a harmonized standard or ETA applies to the product, the manufacturer follows the CPR. If the product falls into any of the groups listed in Annex 1 of Decree No. 162/2013 Coll. and no harmonized standard or ETA applies to the product, the manufacturer follows Act No. 133/2013 Coll.

• What is the difference between an ETA (European Technical Approval) issued under the CPD and an ETA (European Technical Assessment) under the CPR?

Under the CPD, all relevant properties were assessed in relation to the intended use. Under the CPR, only those properties that the manufacturer agrees with the Technical Assessment Body (TAB) are assessed and for which the manufacturer wishes to declare them as relevant to the intended use.