European law report - Restructuring the construction sector
The construction industry has been growing steadily over the years and now represents one of the major employers in Europe. Understandably, the promotion of competitiveness and, above all, safety in this sector is on the top of the EU's agenda as this...
The construction industry has been growing steadily over the years and now represents one of the major employers in Europe. Understandably, the promotion of competitiveness and, above all, safety in this sector is on the top of the EU's agenda as this industry affects EU citizens largely to the same degree.
Harmonisation of standards and regulations in this sector has already been under way. After carrying out wide consultation among stakeholders, the EU Commission is now proposing new regulatory measures for construction works and products, which are intended to benefit manufacturers or importers of such products and their users, including designers, builders, contractors and architects.
A new regulation, applicable in all the member states of the EU, proposes to lay down harmonised conditions for the marketing of construction products in a bid to remove regulatory or technical obstacles to enhance their free circulation, while ensuring product safety. The proposed regulation is intended to affect a number of diverse products that are intended to be incorporated in a permanent manner in buildings including cement, roofing products or bricks.
A manufacturer or an importer placing a construction product on the market will have to meet certain obligations in order to be in conformity with the proposed regulation. A declaration of performance of the product must be drawn up indicating the essential characteristics of the product. Specific technical documenation in line with EU standards must accompany every purchase. This ensures that reliable and accurate information on the performance of construction products is provided to users. The construction product must also be affixed by a CE marking which attests that the information accompanying the product has been obtained in accordance with the proposed regulation and therefore must be considered accurate and reliable.
Importers and distributors of construction products are placed under a legal duty in the proposed regulation to act in conformity with its requirements. Therefore, putting a product on a market will place importers within the remit of the proposed regulation and hence subject to its legal ramifications. Importers must indicate their names or registered trade marks and the addresses at which they can be contacted on the construction product.
When a particular construction product presents a risk for the health or safety of persons, the economic operator who has supplied the product would be obliged to bring the product in line with EU standards or to withdraw or recall the product from the market.
The proposed regulation also deals with safety of construction works. It proposes to lay down basic requirements to which building works must conform in order to be considered safe. Buildings are to be designed and built in such a way as to ensure that they do not suddenly collapse in the event of an outbreak of fire, while the generation and spread of fire and smoke within the building or to neighbouring buildings must be limited. Buildings are to be built in such a way that they will not be a threat neither to the hygiene nor health of the occupants and neighbours, nor exert an exceedingly high impact over environmental quality or the climate, during their construction, use and demolition. Even faulty discharge of waste water, emission of fuel gases or faulty disposal of solid or liquid wastes as well as the presence of dampness in parts of the works or on surfaces within the works are considered as not conforming to the basic requirements of construction work.
Buildings must be constructed in such a way as to prevent unacceptable risks of accidents, such as slipping, falling, burns, electrocution or explosion. Furthermore, buildings must be designed to prevent noise perceived by the occupants or people nearby as hindering their well-being by preventing them from sleeping, resting and working in satisfactory conditions.
A transitory period will be indicated in the regulation so that products already on the market which already conform to current European technical standards would have a grace period until 2011 before the full effects of the proposed regulation will enter into force in their respect.
• Dr Grech is an associate with Guido de Marco and Associates and heads its European law division.
Harmonisation of standards and regulations in this sector has already been under way. After carrying out wide consultation among stakeholders, the EU Commission is now proposing new regulatory measures for construction works and products, which are intended to benefit manufacturers or importers of such products and their users, including designers, builders, contractors and architects.
A new regulation, applicable in all the member states of the EU, proposes to lay down harmonised conditions for the marketing of construction products in a bid to remove regulatory or technical obstacles to enhance their free circulation, while ensuring product safety. The proposed regulation is intended to affect a number of diverse products that are intended to be incorporated in a permanent manner in buildings including cement, roofing products or bricks.
A manufacturer or an importer placing a construction product on the market will have to meet certain obligations in order to be in conformity with the proposed regulation. A declaration of performance of the product must be drawn up indicating the essential characteristics of the product. Specific technical documenation in line with EU standards must accompany every purchase. This ensures that reliable and accurate information on the performance of construction products is provided to users. The construction product must also be affixed by a CE marking which attests that the information accompanying the product has been obtained in accordance with the proposed regulation and therefore must be considered accurate and reliable.
Importers and distributors of construction products are placed under a legal duty in the proposed regulation to act in conformity with its requirements. Therefore, putting a product on a market will place importers within the remit of the proposed regulation and hence subject to its legal ramifications. Importers must indicate their names or registered trade marks and the addresses at which they can be contacted on the construction product.
When a particular construction product presents a risk for the health or safety of persons, the economic operator who has supplied the product would be obliged to bring the product in line with EU standards or to withdraw or recall the product from the market.
The proposed regulation also deals with safety of construction works. It proposes to lay down basic requirements to which building works must conform in order to be considered safe. Buildings are to be designed and built in such a way as to ensure that they do not suddenly collapse in the event of an outbreak of fire, while the generation and spread of fire and smoke within the building or to neighbouring buildings must be limited. Buildings are to be built in such a way that they will not be a threat neither to the hygiene nor health of the occupants and neighbours, nor exert an exceedingly high impact over environmental quality or the climate, during their construction, use and demolition. Even faulty discharge of waste water, emission of fuel gases or faulty disposal of solid or liquid wastes as well as the presence of dampness in parts of the works or on surfaces within the works are considered as not conforming to the basic requirements of construction work.
Buildings must be constructed in such a way as to prevent unacceptable risks of accidents, such as slipping, falling, burns, electrocution or explosion. Furthermore, buildings must be designed to prevent noise perceived by the occupants or people nearby as hindering their well-being by preventing them from sleeping, resting and working in satisfactory conditions.
A transitory period will be indicated in the regulation so that products already on the market which already conform to current European technical standards would have a grace period until 2011 before the full effects of the proposed regulation will enter into force in their respect.
• Dr Grech is an associate with Guido de Marco and Associates and heads its European law division.