Construction products in Poland before, during and after CPD implementation

1
Construction products in Poland before, during
and after CPD implementation

• Candidate Countries Workshop
• Brussels
• 20-21 January 2002

2
European Agreement of Association between Poland
and European Communities and their Member States

• 22.12.1990 beginning of official negotiations
  with Poland,
• 16.12.1991 signing EAA with Poland and
  transitional contract on association, which
  enters into force 1.03.1992,
• 1.02.1994 European Agreement on Association with
  Poland enters into force,
• 8.04.1994 Poland applies for membership in EU
• 13.12.2002 end of negotiations with Candidate
  Countries

3
Regulations concerning construction products in
Poland before EAA

• Until 1995 Building Law in Poland does not
  regulate market circulation of products, but
  concerns their application in construction works
• 1974 1994 Construction materials, systems and
  technologies may be applied in Polish
  construction only if they are covered by national
  standards or in the case of their non-existence
  by national technical agréments (documents issued
  from 1968),
• Voluntary schemes of quality marks for
  construction products, promoted by possibility of
  tax deductions for manufacturers

existence of Polish Standard or national TA is
enough to use material, system or technology in
construction works
Polish Standards and national technical agréments
are de facto obligatory
4
Concept of implementation of CPD into Polish
regulations

• Creation and implementation of a new system of
  Polish regulations concerning market circulation
  of construction products, based on the general
  concept of CPD
• Stage by stage evolution of the new regulations
  towards full compatibility with CPD, dependent on
  accompanying changes in regulations influencing
  construction, such as laws on standardization, on
  testing and certification, etc.

5
Stages of CPD implementation

• Stage I 1994
• New parliamentary act Building Law
• Creation of national system regulating market
  circulation of construction products
• Stage II 1997
• Amendment of Building Law
• Further adjustments of national system towards
  regulations of CPD
• Stage III 2002
• Amendment of Building Law
• Full transposition of all CPD provisions into
  Polish legal system

6
1994 First stage of CPD implementation

• Polish Building Law introduces into legal system
• Essential Requirements for construction works
  from CPD,
• Document of national technical approval -
  differing from previous agrément - and defined as
  positive technical assessment of products
  fitness for intended use,
• Requirement of using in construction products fit
  for intended use - which conformity with Polish
  Standard or Polish national technical approval
  was confirmed,
• Methods of assessment of conformity with relevant
  appropriate reference document
• Certificate of conformity with standard or
  approval,
• Declaration of conformity with standard or
  approval,
• Safety mark certification - when required by law
  on certification

7
1997Second stage of CPD implementation (1)
Amendments to the act on Building Law introduce

• Separate regulations for products which do not
  influence fulfilment of essential requirements
  (list of secondary construction products)
• Construction products in a form of a kit
• Changes in national approval issuing procedure
• New format of national technical approval based
  on ETA,
• Requirements of using existing ETAGs as a basis
  for assessment by national approval bodies,
• Simplified procedure of national approval issuing
  for products conforming to ETAs or hENs

8
1997Second stage of CPD implementation (2)
Amendments to the act on Building Law introduce

• Detailed regulations concerning declaration of
  conformity with Polish Standard or national
  technical approval
• Rules of marking construction products for which
  assessment of conformity was performed with
  building mark
• Penalties and professional responsibility for
  introducing into market construction products not
  conforming to legal provisions

9
2002Final stage of CPD implementation (1)

• Parliamentary act from 27 July 2001 r. on
  amendment of the act Building Law
• Parliamentary act from 30 August on the system of
  conformity assessment (horizontal provisions)
• Basic provisions of full implementation
• CPD would be fully operational at the day of
  accession of Poland to EU
• Until becoming Member State of the EU national
  system of provisions concerning construction
  products would be used in Poland
• After becoming Member State of UE Polish
  regulations would require application of
• EUROPEAN SYSTEM for products for which
  transposed hEN and ETAGs exist, taking into
  account relevant transitional periods (with CE
  marking)
• NATIONAL SYSTEM for other products (with B
  marking)

10
2002Final stage of CPD implementation (2)

• Regulations from 2nd December 2002 concerning
• Rules of issuing ETAs and Polish bodies
  authorised to issue ETAs,
• Systems of assessment of conformity leading to CE
  marking
• Rules concerning CE marking of construction
  products,
• Requirements for notified certification bodies,
  control bodies and testing laboratories,
• Framework for future Official Communications
  concerning
• List of Polish Standards transposed harmonised
  standards for construction products,
• List of bodies authorised for issuing European
  Technical Approvals i UE Member States,
• List of building products according to Art.4 (5)
  

11
Regulations concerning construction products in
Poland after implementation of CPD
 
Market circulation
 
Products not contri-buting in fulfillment of
Essential Require-ments
Products for which harmonised specifications are
not available yet
Products for which harmonised specifications are
available
In transitional period
After the end of transitional period
Building mark B
CE marking
List of such products, e.g. List according to
art. 4(5) of CPD
Conditions and way of application described in
national regulations
Conditions and way of application are described
by regulations in conformity with CPD
12
Tasks performed by Building Research Institute
ITB Publications
1994

• Translation of CPD with commentary
• Translation of 6 Interpretative Documents with
  commentaries
• Translation of EC decisions on CPR and ETA Format
  EOTA documents
• Translation of Guidance Papers A, B, C, D, E, F,
  G, H, I, J and K
• Summary of AoC decisions
• Translation of European Technical Approval
  Guidelines - ETAGs

2002
13
Tasks performed by Building Research Institute -
dissemination

• EOTA Seminar with participation of EOTA Officers
  organised by ITB,
• Seminars organised by ITB twice a year for
  representatives if industry manufacturers,
  contractors, architects, distributors with wide
  programme concerning EU regulations,
• Special conferences organised each year by ITB
  during the biggest construction fair BUDMA,
  including presentations devoted to CPD
  implementation and state of adjustment of Polish
  regulations,
• Information on harmonised standards

14
Tasks to be performed by Building Research
Institute
Authorised approval body
Research Institute member of European Network
of Building Research Institutes - ENBRI

• Notified Body
• Certification Body
• Inspection Body
• Testing Laboratory

ITB experts participation in national and
European standardisation
Centre of national Mirror Groups for ETAGs,
focused on co-operation with industry
manufacturers, architects and contractors

• Certification Body in voluntary area
• quality systems in construction sector,
• environmental management,
• Eco-labelling

15
Legal Acts Concerning Construction Products in
Poland

• Building law
• Law on testing and certification
• Law on standardization
• Law on fire protection
• Act on health protection
• ...public procurement, real estate, land
  development, environmental protection, civil code
  etc.

16
BUILDING LAW
ACT on STANDARDISATION
ACT on CONFORMITY SYSTEM
Polish Standardisation Committee
Ministry of Infrastructure
Polish Centre on Accreditation
Regulations concerning construction
products

• STANDARDS
• transposed harmonised product standards,
• design codes,
• test methods,

Accreditation of - testing laboratories -
control bodies - certification bodies acting in
the regulated area Accreditation of
certification bodies acting in the voluntary area
(quality systems, quality marks...)
Authorisation of approval bodies
Atestation of conformity systems
Authorisation for notification
Transitional periods for hEN
Relevant changes in regulations
Market supervision
17
Current developments in adopting CEN standards
into Polish standardisation system

• Over 6000 EN standards have been introduced as
  PN-EN in 2002
• Priority is given to the standards harmonised
  with New Approach Directives
• All standards already harmonised with CPD are to
  be introduced in 2002/2003 together with existing
  supporting standards available (test methods)

18
Conditions of successful implementation of CPD

• Necessity to prepare of research and testing
  facilities to conduct tests according to methods
  specified in hENs and ETAGs costs of equipment,
  development of necessary procedures, training and
  translations
• Urgent need to prepare national industry to
  perform tasks specified in factory production
  control and quality assurance costs of
  training, costs of implementation of ISO 9000
  elements, establishment of a network of
  laboratories working for the sake of industry
• Active participation in CEN, EOTA, GNB and SCC
  costs of experts work, translations