European Directives
In European law, directives (directives according to the English term directive, generally also EU directives) are legal acts of the European Union and as such part of the secondary Union law. In contrast to regulations, they do not apply directly in accordance with Art. 288 (3) of the TFEU, but must first be transposed into national law by the member states.
Directives, which are legislative acts, are usually adopted jointly by the Council of the European Union and the European Parliament on a proposal from the European Commission in accordance with the ordinary legislative procedure. However, special legislative procedures are provided for in certain cases. They are published in the Official Journal of the European Union and are available online in the legal information system EUR-Lex.
A European Union regulation (official abbreviation Regulation (EU)) is a legal act of the European Union with general application and immediate effect in the member states. Regulations are part of the secondary law of the Union. They differ from directives mainly in that the latter must first be transposed into national law by the member states. EU regulations take precedence over the national laws of the member states.
EU Construction Products Regulation
The Construction Products Regulation (CPR) is a European regulation that governs the marketing of construction products within the European Union. It stipulates that construction products sold in the EU must meet certain safety, health and environmental requirements. The aim of the regulation is to create a single market for construction products and to increase transparency and quality in the construction industry.
The CPR requires that manufacturers of construction products issue a declaration of performance containing information on the product’s characteristics. This declaration must generally be supported by a conformity assessment that ensures the product meets the specified standards.
Since 7 January 2025
The amendment to the Construction Products Regulation was published in the Official Journal of the European Union on 18 December 2024 as Regulation (EU) 2024/3110 of the European Parliament and of the Council https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202403110. On 7 January 2025, the regulation came into force. As part of the European Green Deal, it places a stronger focus on environmental and sustainability aspects, on product safety and on the circular economy in the construction industry. Article 1 (3) summarises the main objective: ‘This Regulation shall contribute to the efficient functioning of the internal market by ensuring the free movement of safe and sustainable construction products within the Union. It shall also contribute to the realisation of the objectives of the green and digital transitions by preventing and reducing the impact of construction products on the environment and on human health and safety.’
Key points of the CPR
Objective of the Regulation: The CPR aims to promote the free movement of construction products within the EU while ensuring a high level of protection of health and safety of people, and protection of the environment.
Performance characteristics: The regulation stipulates that construction products must demonstrate certain performance characteristics, which are verified by harmonised standards or European Technical Assessments (ETAs). These characteristics may include, for example, load-bearing capacity, fire protection or energy efficiency.
CE marking: Products that meet the requirements of the CPR must be labelled with the CE mark. This indicates that the product meets the required performance characteristics and may be sold in the EU.
Documentation: Manufacturers are obliged to create technical documentation that proves the conformity of their products with the applicable standards. This includes, among other things, test reports and product data sheets.
Market surveillance: The regulation also provides for market surveillance measures to ensure that only compliant products are placed on the market. The responsible national authorities are responsible for monitoring compliance.
Amendments and adaptations: The CPR will be regularly reviewed and adapted to meet the changing requirements and technical developments in the construction sector.
The application and transition from the old to the new regulation will be carried out in stages. The articles of the new regulation that relate to the development of harmonised standards and product requirements will apply immediately upon entry into force.