Will the new regulation on construction products stop innovation?

Will the new regulation on construction products stop innovation?
June 12, 2024

In this article, U. Bourgund, T. Holland-Letz, T. Pregartner and M. Umminger from Construction Fixings Europe focus on the concept and planned timetable for the transition of the existing Construction Products Regulation to the new version, as well as on the impact. this could impact innovation in the construction sector.

Oh#10^th In April 2024, the European Commission (EC) published the result of the trilogue process (European Parliament, EU Council and EC) of a new Construction Products Regulation (CPR). The document covers all construction products specified based on harmonized European standards (hEN) and European assessment documents (EAD).

The final CPR document still needs to be translated into the languages ​​of the member states and will then serve as the basis for the final vote in the European Parliament. Even if the final document is only expected in the second half of 2024, it can be assumed that it will not undergo any further changes – even if technical errors have crept in which compromise voluntary technical harmonization at European level .

The intention of the CPR is to further develop the construction market in Europe towards more digital and environmentally friendly concepts, whilst maintaining a level playing field – thus ensuring a high level of harmonization between Member States . Furthermore, it is hoped that the blockage in the process of publishing harmonized European specifications can be resolved at the same time.

An important achievement of the new CPR is that the route to CE marking based on European Technical Assessments (ETA) for products or intended uses, which are not (fully) covered by a harmonized European standard (hEN), is maintained .

The main problem for the industry in the past has been the unpredictability of the publication date of the hEN and EAD, which has led to legal uncertainty; delays in the market introduction of new products; and the respective financial losses. The detailed industry needs regarding the general legal framework of the CPR have been discussed in detail by some stakeholders (e.g. in a previous article in the September 2023 edition of
Attachment + Fixing Magazine⁽¹⁾) but are unfortunately not reflected in the final CPR document.

For all products qualified and provided with the mandatory CE marking by hEN, the transition to the new CPR legal framework is shown in Figure 1. The key message is simple, meaning that existing hen are continually replaced by newly revised hen which will take into account digital characteristics as well as sustainability. The final deadline is seen from 2039, when the current CPR will be completely repealed.

For all products qualified on the basis of EAD/ETA and voluntary CE marking, the transition to the new CPR legal framework will be organized within a much shorter time frame than that of hEN (Figure 2).

This means that the hEN based on the current CPR will remain valid until a new hEN based on the new CPR is issued until 2039. An EAD based on the current CPR will become invalid in 2030, even if no EAD issued updated is not published.

Other key points to highlight are that with the CPR enforcement date set for November 2025, the EOTA route is frozen. This most likely means that after this date no EED developed on the basis of the current CPR will be published. It is important to note that there are still a significant number of EADs (24 EADs with 57 ETAs only in the product area 33 “Fasteners” as of March 2024, 202 EADs “pending quotation” in total) with ETAs issued, which, according to the new CPRs, are pushed back to “request” status. So far, no information is provided on what “application status” means in practical terms. This is another element that creates legal uncertainty in the construction sector.

It also appears that there is a period of around five years during which the current EADs will need to be reworked in line with the new CPR requirements (sustainability, digital elements, etc.). These EADs then form the basis of the respective voluntary ETAs which can be used for the newly created DoPC (Declaration of Performance and Conformity). Since ownership of EADs lies with the EC and EOTA, these tasks must be performed with the respective resources of these organizations. Manufacturers have no role in this review process. There is also the
intention to move a certain group of EADs into the hEN domain. Here again, the concepts, mandates and associated resources are completely unclear.

Furthermore, other EC sources clearly state that delegated/implementing acts relating to sustainability requirements as well as digital concepts will only be available for the first product families in 2027. This means in other words At best, the transition from current EADs under the new CPR (to revised EADs or new hEN) can only begin from 2027, which means that there are three years left before the deadline of EADs in 2030.

Considering that the number of existing EADs is around 400, and observing that the EC and EOTA have published around 20-30 EADs per year, the likelihood that all existing EADs will be transferred to the new legal framework of here three years (at best) is close to zero.

Beyond that, if we assume that innovation projects for new products in construction last around two years – and that manufacturers generally only start investing in innovative products if it is absolutely clear how the performance of the final product will be identified – this could mean that from the date of application of the new CPR, in November 2025, investments in innovative products will cease until the publication of new EADs. As a result, investments in innovative products could stop in the construction sector for several years at European level.

In summary, the fastener industry fears the following consequences of the new CPR:

• EADs not published under the current CPR will be lost during the transition period, the corresponding ETAs may be revoked after the entry into force of the new CPR.
• The transition period for EADs is far too short. Therefore, important EADs issued under the “old” legal framework will become invalid after approximately 2030.
• The entire EOTA/EAD/ETA system will be paralyzed for at least the next five years.
• Investments in innovation could be stopped and solutions with national approval will be favored by the industry.

The European construction sector is going through a difficult phase – triggered by rising material prices, rising interest rates on loans, etc. In this situation, additional changes towards sustainability and more digital concepts are undoubtedly necessary. A new CPR that ends necessary investments in innovation by repealing developed EADs and not replacing them in time with revised versions is a hard sell and difficult to understand. This could cause serious damage to major construction industry sectors.

What is the reason why the flow of hEN adapts smoothly and continuously to the new CPR while the voluntary EAD pathway (that of innovative products and applications) is disrupted? It is easy and sustainable to allow the EAD review process (to meet the requirements of the new CPR) in the same way as the hEN.

Finally, manufacturers must find solutions to satisfy customer needs for existing and new applications in the construction industry. The solution may be to ignore the voluntary route of the EAD, the European “harmonisation” legal framework and return to Member State assessments for product qualification. This could at least lead to transparency and predictability at the level of each Member State.

The references

⁽¹⁾ Ulrich Bourgund, Thomas Holland-Letz: “Revision of the Construction Products Regulation (CPR) – possible challenges for the ETA route”, Fastener + Fixing Magazine, issue 143, September 2023.

⁽²⁾ European Commission: Information provided during the Eurogypsum meeting on 15^th March 2024.

⁽³⁾ Council of the European Union: Proposal for a regulation of the European Parliament and of the Council establishing harmonized conditions for the marketing of construction products, amending Regulation (EU) 2019/1020 and repealing Regulation (EU) 305/2011, 5620/24 , Brussels, 1^st February 2024.