Construction Authorized Rep UK and Europe

Authorised Rep EU Construction Products Regulation (CPR) and UK Construction Products Regulation (SI 2013/1387)

On 30 March 2022, the Commission adopted a proposal for a regulation laying down harmonised conditions for the marketing of construction products, repealing the current CPR. The proposed regulation was part of a package of proposals aimed at making sustainable products the norm in the EU, boosting circular business models and empowering consumers for the green transition.

Whats new?

• The scope is renewed, and reused and 3D-printed construction products and pre-fabricated one-family-houses are included.
• The Commission would be allowed to adopt technical specifications in cases where the standardisation system is not delivering as expected, and to set product requirements.
• It sets out new environmental, functional and safety product requirements for construction products.
• It establishes a ‘harmonised zone’ (as opposed to the areas under the responsibility of Member States) and a mechanism to deal with Member States 'imperative regulatory needs' on health, safety or protection of the environment, including climate.
• It creates a new obligation for manufacturers to provide a declaration of conformity (concerning compliance with product requirements), on top of a declaration of performance, and introduces the possibility to give information via electronic means.
• It defines a list of general sustainability requirements (to be further defined in Commission acts/harmonised standards).
• It introduces simplification and exemption provisions for micro-enterprises.
• It strengthens enforcement powers of market surveillance authorities.
• It reinforces the product contact points for construction, to better support economic operators.
• It sets up a new Commission system allowing any natural or legal person to share complaints or reports related to possible breaches of the Regulation.
• It is aligned with the proposed regulation on eco-design requirements for sustainable products on climate and environmental sustainability and on the digital product passport

Some products require testing by a Notified Body.

Manufacturers placing products on the market must appoint an Authorised Representative who has responsibilities under Article 23

Products Covered by the Construction Products Regulation

The CPR defines a “construction product” as any product or part that is intended to be incorporated in a permanent manner in construction works, such as buildings and civil engineering works.

Here are some examples of products that fall into the scope of the regulation:

• Doors
• Windows
• Door locks
• Shutters
• Sanitary appliances
• Flooring
• Thermal insulation products
• Curtain walls
• Construction adhesives
• Concrete products

Obligations of authorised representatives

• A manufacturer may appoint, by a written mandate, any natural or legal person established within the Union as a single authorised representative. A manufacturer not established in the Union shall appoint a single authorised representative.
• Authorised representatives shall act with due care in relation to the obligations of this Regulation. They shall be liable for gross negligence or conscious infringement of this Article and of Article 19 in accordance with national law on contractual and extra-contractual liability.
• The authorised representative shall perform the tasks specified in the mandate. The mandate shall allow the authorised representative to carry out at least the following tasks and shall give the authorised representative the following rights:
  • keep the declaration of performance and the technical documentation at the disposal of national market surveillance authorities;
  • provide the market surveillance authorities with all the information and documentation necessary to demonstrate the conformity of the product with the declaration of performance and compliance with other applicable requirements in this Regulation at their reasoned request;
  • terminate the contract where the manufacturer infringes this Regulation and inform thereof the competent national authorities of the Member States where the product is placed on the market and the national competent authority of his own place of business;
  • when having reason to believe that a product in question is non-compliant or presents a risk, inform the national competent authorities of the Member States where the product is placed on the market and the national competent authority of his own place of business thereof; and
  • cooperate with the market surveillance authorities, at their request, on any action taken to eliminate risks posed by products covered by the mandate of the authorised representative; or to remedy non-conformities. The drawing up of technical documentation shall not form part of the authorised representative’s mandate, but may become subject to a separate contract between the manufacturer and the authorised representative.
• The authorised representative shall verify the compliance of the product with requirements regarding marking, labelling, instructions for use, declaration of performance and conformity. The authorised representative shall also verify at a documentary level that the manufacturer satisfies his obligations set out in Article 19(4) to (6), Article 21(1) to (3) and (5) to (7), Article 22(1) and Article 22(2) points (f) and (i), and Article 27(6).
• Where an authorised representative considers that there is a non-compliance mentioned in the paragraph 4, the authorised representative shall ask the manufacturer to remedy the non-compliances. The manufacturer shall thereon stop the placing on the market and ask other economic operators involved in the distribution to stop their commercial activities, until the authorised representative regards the infringements as remedied. Where the non-compliances are not remedied within one month whilst products possibly continue to be made available on the market, the authorised representative shall be allowed to terminate his contract with the manufacturer and thereof inform the national competent authorities of the Member States where the products are placed on the market and the national competent authority of his own place of business. The latter shall coordinate joint actions of all competent authorities, unless the national competent authorities agree on another national competent authority to coordinate.

You can access the full text of the regulation here… resource.html (europa.eu) and you can see the EU guidance here Construction Products Regulation (CPR) - European Commission (europa.eu)