Product safety in the draft EU Construction Products Regulation

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On 30 March 2022, the European Commission published a proposal for a revised EU Construction Products Regulation. Besides basic requirements for construction works similar to those present in the current regulation, the draft also contains, in Annex I, a significant change in the form of a detailed catalogue of requirements directly applicable to the construction products. These include requirements concerning the functionality of products, environmental protection, the circular economy, information obligations, and the requirements for inherent product safety that are important for occupational safety and health.

A further change is that requirements of the regulation apply not only to the finished construction work in which the construction products are used, but also cater to employees and consumers who handle the construction products. The product requirements are to be evaluated in consideration of the products' entire life cycle.

Particular rules apply to the transposition of these product requirements in European standardization mandates and harmonized standards. The European Commission must first draw up delegated acts specifying in detail what safety requirements are to be implemented for a product family. Where standards are established on this basis, their application is voluntary and – once the references to the standards have been published in the Official Journal of the European Union – gives rise to a presumption of conformity with the legislation they support. The regulation makes provision for a separate declaration of conformity for the product-specific requirements.

The draft regulation will be reviewed over the coming months by the various stakeholders at national and European level. It remains to be seen how far the extensive product safety requirements will hold up in the negotiation process. A further point to be considered is whether the intermediate step by way of the delegated act, which also requires the approval of the European Parliament, adequately satisfies the requirements for product safety.