Below you will find some key points of the Construction Product Regulation (EU) No 305/2011and the national Land Use and Building Act (132/1999) discussed in relation to frequently asked questions from the point of view of a party engaging in a building project.
What obligations does a party engaging in a building project have?
As stated before in the Land Use and Building Act, even currently a party engaging in a building project shall ensure that the building is designed and constructed in accordance with building provisions and regulations and the permit granted. The party engaging in a building project has a duty to take care so that the construction products used in the building project fulfil set requirements. The designers’ responsibility is to define in the building plans what characteristics the construction products are supposed to have and on what level.
The national Land Use and Building Act (132/1999) regulates the obligations of a party engaging in a building project. According to section 119 of the the Land Use and Building Act, a party engaging in a building project shall ensure that the building is designed and constructed in accordance with building provisions and regulations and the permit granted. The party shall have the necessary competence to implement the project, as required by its difficulty, and access to qualified personnel.
What is the purpose of the CE-marking?
The purpose of the CE-marking is to improve mobility of construction products within the European economic area.
What does the CE-marking stand for?
By affixing the CE-marking on the construction product the manufacturer states that the product characteristics are declared as required by harmonised product standard (hEN) or European technical approval or assessment.
The CE-marking is a consistent way of declaring product performance. When construction product characteristics are measured, classified and declared the same way with similar products, it is easier to compare construction product characteristics to the requirements. Together, these characteristics form product performance.
What are the benefits of the CE-marking?
The CE-marking enables a uniform comparison between product characteristic values declared by the manufacturer and characteristic requirements set for a product at the construction project. Requirements set for a product come from construction site planning solutions that must fulfil the requirements of national construction legislation.
With the help of the CE-marking, designer and construction product purchaser find it easier to estimate the compatibility of a construction product and construction site. The marking makes comparing construction products with one another easier, as well.
Therefore, the CE-marking itself does not guarantee that the product complies with any national requirements.
Which products require a CE-marking?
A construction product must be CE-marked when it belongs within the scope of application of a harmonised standard (hEN) after the transition period or when the manufacturer has applied and been granted European technical assessment (ETA) for the product. Other construction products must not be CE-marked under the Construction Products Regulation. For harmonised standards (hEN) and their transition periods, please refer to hEN Helpdesk.
If the harmonised product standard does not allow CE-marking, the manufacturer has the option of acquiring the CE-marking (for declaring product characteristics for export or domestic markets, for example) after the European technical assessment (ETA). This so called ETA procedure is introduced in more detail at the Ministry of the Environment website.
The responsibility to acquire the CE-marking may be relaxed in some special cases, introduced in the Construction Products Regulation under article 5. Naturally, this does not mean exemption from national requirements on construction products and attestation of their validity if such is demanded.
What about products that are currently without a CE-marking?
All construction products cannot be CE-marked. In Finland, there are three different legal procedures for attesting the validity of some central construction products that are without the CE-mark at present .These national procedures are voluntary, and are used to demonstrate that the product fulfils the requirements of the Land Use and Building Act or provisions laid down in the Act. In addition, procedure involving building site specific attestation of product validity can be used. The national Act on the Approval of Certain Construction Products, that lays down the three different procedures, enters into force on 1 July 2013 and also the specifying Decree is intended to be implemented on July.
What if I detect a product with inadequate CE-marking being sold?
These construction products must be reported to the market surveillance authority. There is a form available on the Tukes website for this particular use.