Conference for Candidate Countries on the Construction Product Directive EOTA and European Technical

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Conference for Candidate Countries on the
Construction Product DirectiveEOTA and
European Technical ApprovalsBrussels20 - 21
January 2003
G. Katsarakis Enterprise Directorate-General Const
ruction (G5)
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EOTA and European Technical Approvals

• WHAT IS A EUROPEAN TECHNICAL APPROVAL (ETA)?
• A European technical approval is a favourable
  technical assessment of the fitness for use of a
  product for an intended use, based on fulfilment
  of the essential requirements for building works
  for which the product is used.

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EOTA and European Technical Approvals

• WHICH PRODUCTS MAY BE COVERED BY AN ETA?
• ETAs are foreseen for construction products
  which
• a) are not covered by a harmonised standard or
  for which a standard cannot yet be elaborated, or
• b) deviate substantially from a harmonised
  standard,
• Some exceptional cases are also foreseen in the
  CPD.
• Two possibilities for issuing ETAs exist
• ETA according to an ETA Guideline, or
• ETA without Guideline

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EOTA and European Technical Approvals

• ETAs are issued by Approval Bodies authorised by
  the Member States and notified to the other
  Member States and the Commission.
• Candidate Countries, which have have signed a
  PECA Agreement with an Annex for construction
  products, are also entitled to authorise Approval
  Bodies, which may be fully involved in the ETA
  procedures (as those of the EU Member States).

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EOTA and European Technical Approvals

• The Approval Bodies must satisfy the requirements
  of the CPD and in particular must be able
• to assess the fitness for use of new products on
  the basis of scientific and practical knowledge,
• to take impartial decisions in relation to the
  interests of the manufacturers concerned or their
  agents, and
• to collate the contributions of all the
  interested parties in a balanced assessment

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EOTA and European Technical Approvals

• The Approval Bodies authorised by the Member
  States to issue ETAs form an organisation called
  EOTA (European Organisation for Technical
  Approvals).
• In the performance of its duties, EOTA is obliged
  to work in close co-ordination with the
  Commission (the details are clarified in a
  Framework Agreement between EOTA and the
  Commission).
• In the framework of EOTA, the approval bodies are
  expected to afford each other all necessary
  support. EOTA is also responsible for
  co-ordination on specific questions of technical
  approval.

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EOTA and European Technical Approvals

• EOTA WORK COVERS
• 31 mandates for ETAGs
• 99 cases without Guideline
• RESULTS
• 15 ETAGs published (some consisting of several
  parts)
• 85 ETAs issued (mainly on metal anchors and
  insulation boards)

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EOTA and European Technical Approvals

• The endorsed ETAGs are published by the Member
  States in their official language(s).
• The Commission also publishes the reference of
  the ETAGs in the OJEC (Series C) together with
  the relevant co-existence period in all official
  languages of the EU (e.g. OJEC C 212 of 6.9.2002,
  page 11).
• Start of co-existence period is the date after
  which the CE-marking of a product is possible.
• End of co-existence period is the date after
  which the CE-marking of a product falling under
  the scope of the ETAG is obligatory on the basis
  of an ETA (national approvals are not allowed
  anymore).

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EOTA and European Technical Approvals

• COMMON PROCEDURAL RULESFOR REQUESTING, PREPARING
  AND GRANTING EUROPEAN TECHNICAL
  APPROVALS(Commission Decision 94/23/EC of
  17/1/1994)
• EOTA Application introduced to one of the
  relevant EOTA Approval Bodies (ABs)
• EOTA transmits the request with additional
  information to COM (confidentiality)
• COM examines the case / consults with CEN to
  examine the possibility of elaborating a
  harmonised standard
• Consultation of the SCC for the green light for
  the elaboration of
• Mandate for establishing an ETA Guideline, or
• ETA without Guideline (art 9.2 of CPD)

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EOTA and European Technical Approvals

• ETAs FOLLOWING A ETA GUIDELINE (ETAG)
• COM issues a mandate to EOTA to elaborate ETAG
• EOTA WG drafts the ETAG
• ETAG is approved in EOTA
• COM verifies conformity with mandate / consults
  SCC
• COM endorses ETAGuideline
• ETAG is published by the Member States
• AB drafts ETA according to the ETAG and sends
  draft ETA to the other ABs for comments
• Comments are taken into account and the ETA is
  issued by AB

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EOTA and European Technical Approvals

• ETAs WITHOUT ETA GUIDELINE
• Approval Body drafts a CUAP (Common
  Understanding of Assessment Procedure)
• CUAP is sent to other ABs for comments
• Comments are taken into account and the CUAP is
  adopted by EOTA
• AB drafts ETA according to CUAP and sends draft
  ETA to other ABs for comments
• Comments are taken into account and ETA is
  issued by AB.
• GENERAL RULE
• The costs arising from the ETA procedure shall be
  paid by the applicant in accordance with national
  rules

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EOTA and European Technical Approvals
MANY SIMILAR, INNOVATIVE or DEVIATING PRODUCTS
ONE INNOVATIVE or DEVIATING PRODUCT
CONVENTIONAL PRODUCTS
ETA based on art. 9.2
ETAs based on Guideline
Harmonised EN
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EOTA and European Technical Approvals

• In a recent seminar organised by EOTA ( September
  2002 in Antwerp) the various questions regarding
  the legal, the procedural and the innovation
  aspects of ETAs have been openly discussed.
• The conclusions will be used in order to remove
  inefficiencies, to ameliorate the necessary
  procedures and make the ETA system more
  productive in order to fulfil the expectations of
  the partners in the ETA procedure (producers,
  regulatory authorities, Commission).

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EOTA and European Technical Approvals

• OBJECTIVES OF THE CPD (89/106/EEC)
• to achieve the greatest possible advantage for a
  single internal market,
• to afford access to that market for as many
  manufacturers as possible,
• to ensure the greatest possible degree of market
  transparency
• to create the conditions for a harmonized system
  of general rules in the construction industry,

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EOTA and European Technical Approvals

• FOR MORE INFORMATION
• DG Enterprise web site
• europa.eu.int/comm/enterprise/construction/index.h
  tm
• EOTA
• www.eota.be