The EU Construction Products Regulation (EU) 2024/3110 of 27 November 2024 (EU CPR) sets out harmonised conditions for the marketing of construction products in the EU.
A notable enhancement in comparison with the preceding regulation is the incorporation of product-related requirements for product safety and the closely related circular economy in Annex III of the new regulation.
These new requirements are applicable to both professionals (workers) and laypersons (consumers, residents) during the transport, installation, maintenance, use or dismantling of the construction product. Furthermore, these provisions now also encompass the end-of-life phase of the product life cycle, reuse and recycling.
Another novelty is that supplementary voluntary harmonised standards and common specifications which give rise to a presumption of conformity can specify how these product safety requirements for construction products can be met. Where appropriate, these supplement the body of binding European standards pursuant to the EU Construction Products Regulation regarding the basic requirements for construction works (Annex I).
However, the product safety requirements stated in the regulation take effect only once the European Commission has adopted delegated acts. These specify requirements for individual product families and categories together with the corresponding test procedures, and form the basis for standardisation mandates and the subsequent standardisation work. This means that, formally speaking, product safety is addressed and regulated only at a secondary level.
It also remains unclear whether the occupational safety and health lobby will have the opportunity to make an effective contribution at the different levels. As there is no prior experience with the drafting of delegated acts under the EU Construction Products Regulation, it remains to be seen how coordination between the OSH lobby and other well-established stakeholders will work out.
By contrast, general product information, instructions for use and safety information (Annex IV), including the maintenance required to maintain the performance of the product during its service life, can be included in standardisation requests without a prior delegated act. However, there is still no guarantee that the bodies responsible for drafting the standardization requests will automatically take into account all safety-relevant information. It therefore remains crucial for occupational safety and health representatives to be present in all working groups responsible for the acquis process (i.e. the preparation of standardisation mandates), to monitor developments and to introduce appropriate requirements where necessary.
Michael Robert
robert@kan.de