RAL Dt. Institut f. Gütesicherung u. Kennzeichnung e.V.
RAL
Vereinszweck von RAL ist die Verbreitung des Gütegedankens und die hiermit im Zusammenhang stehende Ordnung des Kennzeichnungswesens in der Wirtschaft, einschließlich der Landwirtschaft.
ID: 983779746751-20
Lobbying Activity
Response to Review of the Construction Products Regulation
12 Jul 2022
The German Institute for Quality Assurance and Certification (RAL Deutsches Institut für Gütesicherung und Kennzeichnung e. V. – RAL) acknowledges, with great interest, the Proposal put forward by the European Commission for a Regulation of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products, amending Regulation (EU) 2019/1020 and repealing Regulation (EU) 305/2011 (hereinafter referred to as the “Proposed Regulation”). RAL hereby issues a statement in response thereto, both in its own name but also in its capacity as the umbrella association for the 115 RAL Quality Assurance Associations (Gütegemeinschaften) comprising more than 9.000 member companies.
As we will demonstrate in detail in the following, RAL has substantial concerns with regard to the proposal as it currently stands and therefore sees an urgent need for a number of amendments to the text.
The prohibition of the use of private markings enshrined in Article 18(1) of the Proposed Regulation goes significantly beyond the rules governing the relationship between CE markings and other markings generally applied to date. Pursuant to the existing rules, CE markings are the only markings which attest to the conformity of a product with the requirements of the provisions of the harmonisation legislation. In addition, these provisions stipulate that any possibility of confusion must be excluded and the perception ensured effectively. However, the Proposed Regulation will also prohibit other markings “covering” the same area of activity.
Article 18(1) of the Proposed Regulation essentially means the end of many private marking systems, in that it would ultimately preclude the use of private markings for construction products to a considerable degree, even where these have a different regulatory purpose and apply different standards and thus serve to attest to the existence of different product characteristics. This is due to the fact that the Proposed Regulation will preclude, in particular, the use of markings which relate to the same characteristics and the same assessment methods, irrespective of the aspects of said characteristics which are being assessed or the end to which the assessment methods in question are being applied.
There is, however, no need and no justification for the prohibition of the use of private markings, given that these – in contrast to mandatory rules of a Member State – do not impact the marketing of construction products. It is rather the case that private markings provide added value for customers in having a very different focus than CE markings (e.g. in that they attest to the existence of a particularly high degree of excellence).
The first paragraph of Article 18 and the second clause of Article 7(2) of the Proposed Regulation also run counter to the provisions of Union law on public procurement which expressly provide for reference to private markings (labels).
The prohibition of claims about a product that are based on other assessment methods pursuant to the first clause of Article 21(2) of the Proposed Regulation should also be substantially revised. The scope of the prohibition must be clearly delineated, given that it currently relates to all claims and documents and not merely to declarations of performance. Moreover, the satisfaction of the requirements with regard to product claims must be achievable at a realistic and economically acceptable level of expense and risk.
Read full response