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Parliamentary questions
PDF 187kWORD 26k
12 March 2014
E-002922-14
Question for written answer E-002922-14
to the Commission
Rule 117
Małgorzata Handzlik (PPE)

 Subject:  Harmonisation of conditions for the marketing of construction products — European technical approval guidelines and European assessment documents
 Answer in writing 

Article 66(3) of Regulation (EU) No 305/2011 of 9 March 2011 stipulates that guidelines for European technical approval (ETAGs) published before 1 July 2013 in accordance with Article 11 of Directive 89/106/EEC may be used as European assessment documents (EADs). I understand from sources in the building industry, however, that the Commission is demanding that the European Organisation for Technical Assessment transpose 35 ETAG documents — containing 95 detailed parts — into EADs before European technical assessments (ETAs) can be issued on the basis of those documents in accordance with the Construction Products Regulation. The Commission is also refusing to allow the notification of entities acting as third parties in processes involving the assessment and verification of constancy of performance as regards products covered by ETAG documents (used as EADs). Meanwhile, under the transitional arrangements, an explicit guarantee has emerged to the effect that the consolidated technical knowledge brought together in the ETAG documents approved by the Commission will be freely exploited in the use of ETAGs as EADs, thereby making it possible for ETAs to be issued on this basis. Even if one were to argue about the non-compliance of ETAGs with the above regulation, it is nonetheless important to point out that decisions on over 400 harmonised standards are not fully in line with all the provisions of the regulation, and it has been left to the producers and the notified bodies to ensure that they are implemented correctly. As far as notification is concerned, the electronic notification tool currently in use does not have an ‘ETAG’ category, while the Commission’s publicly accessible database on notified bodies does include an option for entities to be notified in writing.

In this connection:
1. Does the Commission take the view that these actions are in line with Article 66(3)? It seems that preventing producers from using European technical assessments in accordance with the Construction Products Regulation, meaning that CE marking cannot be used on the products concerned, is a barrier to the proper functioning of the market. Businesses are sustaining huge losses as a result of the current situation. What steps is the Commission going to take on this matter, and when will it be taking them?
2. When is the Commission going to adapt the electronic notification system so that an ETAG category may be used?
3. Can the Commission confirm that, until such time as the system is adapted, the usual procedure with regard to construction products covered by ETAG documents (used as EADs) will be notification in writing?
Original language of question: PLOJ C 326, 19/09/2014
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