1、PD CEN/TR15855:2009ICS 91.100.01NO COPYING WITHOUT BSI PERMISSION EXCEPT AS PERMITTED BY COPYRIGHT LAWPUBLISHED DOCUMENTConstruction products Assessment ofrelease of dangeroussubstances Barriersto tradeThis Published Documentwas published under theauthority of the StandardsPolicy and StrategyCommitt
2、ee on 30 April2009 BSI 2009ISBN 978 0 580 64645 4Amendments/corrigenda issued since publicationDate CommentsPD CEN/TR 15855:2009National forewordThis Published Document is the UK implementation of CEN/TR15855:2009.The UK participation in its preparation was entrusted to TechnicalCommittee B/557, Con
3、struction products - Assessment of dangeroussubstances.A list of organizations represented on this committee can be obtained onrequest to its secretary.This publication does not purport to include all the necessary provisionsof a contract. Users are responsible for its correct application.Compliance
4、 with a British Standard cannot confer immunityfrom legal obligations.PD CEN/TR 15855:2009TECHNICAL REPORTRAPPORT TECHNIQUETECHNISCHER BERICHTCEN/TR 15855March 2009ICS 91.100.01English VersionConstruction products - Assessment of release of dangeroussubstances - Barriers to tradeProduits de construc
5、tion - Evaluation de lmission desubstances dangereuses - Barrires aux changesBewertung der Freisetzung von gefhrlichen Substanzenaus Bauprodukten - HandelsbarrierenThis Technical Report was approved by CEN on 3 February 2009. It has been drawn up by the Technical Committee CEN/TC 351.CEN members are
6、 the national standards bodies of Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland,France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal,Romania, Slovakia, Slovenia, Spain, Sweden, Switzerla
7、nd and United Kingdom.EUROPEAN COMMITTEE FOR STANDARDIZATIONCOMIT EUROPEN DE NORMALISATIONEUROPISCHES KOMITEE FR NORMUNGManagement Centre: Avenue Marnix 17, B-1000 Brussels 2009 CEN All rights of exploitation in any form and by any means reservedworldwide for CEN national Members.Ref. No. CEN/TR 158
8、55:2009: EPD CEN/TR 15855:2009CEN/TR 15855:2009 (E) 2 Contents Page Foreword 3 1 Introduction and Background to the Technical Report .4 2 Implementation of this Work Item 5 2.1 Administrative Procedures and Objectives 5 2.1.1 Concepts and Scope of Barriers to Trade .5 2.1.2 Barriers to Trade or Barr
9、iers to Use 6 2.2 Questions to Consultees 7 3 Industry Groups .7 4 Status of the Industry Consultations and Interviews .8 5 Results of Surveys.8 5.1 Perceptions of Barriers to Trade 8 5.2 Barriers to Trade or Use . 10 5.2.1 General . 10 5.2.2 Current Regulations two or more Member States 11 5.2.3 Cu
10、rrent Regulations single Member State 11 5.2.4 Barriers to Use 11 5.2.5 Summary and Definitions of Barriers . 12 5.3 Examples of Barriers 12 5.3.1 General comments 12 5.3.2 Specific product Group Issues 14 6 How Standardisation can remove barriers to trade 19 7 Conclusions 20 7.1 Barriers to Trade .
11、 20 7.2 Barriers to Use 20 7.3 Limitations . 20 8 Recommendations 20 Annex A (informative) Lists of Associations, contact details and product specifications 22 PD CEN/TR 15855:2009CEN/TR 15855:2009 (E) 3 Foreword This document (CEN/TR 15855:2009) has been prepared by Technical Committee CEN/TC 351 “
12、Construction Products Assessment of release of dangerous substances”, the secretariat of which is held by NEN. This document has been prepared under a mandate given to CEN by the European Commission and the European Free Trade Association, and supports essential requirements of EU Directive(s). This
13、 Technical Report is prepared by CEN/TC 351 “Construction products Assessment of release of dangerous substances“ and indicates the barriers to trade as identified by CEN product Technical Committees in relation with emission of regulated dangerous substances into indoor air, surface water, groundwa
14、ter or soil. CEN was asked in Mandate M/366 to describe if and how these barriers to trade can be resolved or prevented by the set of standards included in the work programme. This report looks first at existing technical barriers, but also examines whether potential technical barriers exist and pro
15、vides examples of these barriers. However the market sometimes makes little or no distinction between a technical barrier to trade (or even a potential barrier to trade) and the existence of barriers to the use of products that are legally placed on the market having already met the technical standa
16、rd requirements. Manufacturers are disturbed that they can comply with the requirements of the CPD and any harmonised standards, but still encounter difficulties in having their products specified and used, or even where they have to complete additional hurdles beyond those required in the harmonise
17、d technical specification. As the subject came up many times, this report contains numerous references to such “barriers to use”, but this subject will be dealt with separately in greater detail in another report since it is not within the scope of CEN Standardisation to remove barriers to use. Simi
18、larly, there is no attempt in this report to examine the question of trade barriers resulting from any other market mechanisms introduced at either EU level or national level, which results in or from fiscal penalties, quotas or international trade agreements since these are beyond the scope of tech
19、nical harmonisation. This Technical Report is expected to be used by the Commission to address the issue of barriers to trade with Member States and to discuss with regulators their requirements to prevent harmful effects as stated in Essential Requirement 3 of the CPD as described in the main body
20、of the mandate M/366. PD CEN/TR 15855:2009CEN/TR 15855:2009 (E) 4 1 Introduction and Background to the Technical Report Mandate M/366 of the European Commission to CEN, titled: “DEVELOPMENT OF HORIZONTAL STANDARDISED ASSESSMENT METHODS FOR HARMONISED APPROACHES RELATING TO DANGEROUS SUBSTANCES UNDER
21、 THE CONSTRUCTION PRODUCTS DIRECTIVE (CPD), emission to indoor air, soil, surface water and ground water”, which created CEN/TC 351, required a number of technical reports (TRs) to assist in the process of standardisation. The first of these TRs was to establish the extent of or presence of technica
22、l barriers to trade resulting from requirements under Essential Requirement 3 (ER3), as perceived or experienced by manufacturers of construction products, demanded by EU Member States. Since the CPD (Council Directive 89/106/EEC of December 21, 1988 concerning construction products) is aiming to li
23、ft barriers to trade, there would be no point, in theory, in developing standards in CEN/TC 351 for the purpose of ER3 if no technical barriers to trade exist. However, the “Grounds” for this Mandate, given by the Commission, state: this standardisation mandate refers to products for which the two f
24、ollowing conditions are fulfilled: a) the products are or risk to be subject to technical barriers to trade arising from regulated dangerous substances; b) the characteristics of the products regarding regulated dangerous substances influence the satisfaction by the construction works, in which they
25、 are to be incorporated in a permanent manner, of the essential requirements as laid down in article 3 of the CPD and set out in terms of objectives with regard to hygiene, health and the environment, in Annex 1 of the CPD. These works are subject to legislative, regulatory or administrative regulat
26、ions of Member States covering such essential requirements specifically in the field of dangerous substances.1Further, in Clause 7 of the “Execution of the Mandate” referring to the work programme of CEN, it states: It the work programme shall identify and cover all products or product families for
27、which the three following conditions are fulfilled: European or national regulations are limiting or banning the emission or content (see IV.8) of dangerous substances; Existing or potential barriers to trade have been identified; Measurement/test methods for these specified regulated dangerous subs
28、tances have already been developed and are used on a national or EU level. Considering point (a) in the “Grounds” for the Mandate it is stated that products “at risk” from technical barriers to trade are equally important to existing barriers to trade, and also in the above Clause 7, Execution of th
29、e Mandate, the second dash refers to “potential barriers” as well as established barriers. This makes the scope of the work wider than simply identifying existing technical barriers. The Mandate also specifically refers to technical barriers to trade, and CEN is especially asked to consider in the W
30、ork Package the following TR: “Work Package 1: technical reports: procedures for testing and testing schemes 1. Technical Report on examples of existing and potential barriers to trade in relation with emission of regulated dangerous substances into indoor air, surface water, ground water or soil. 1
31、Any other type of barrier to trade falls within Articles 30/36 of the Treaty and must be directly eliminated by the Member States. PD CEN/TR 15855:2009CEN/TR 15855:2009 (E) 5 This Technical Report (TR) shall indicate the barriers to trade as identified by the product Technical Committees in relation
32、 with emission of regulated dangerous substances in indoor air, surface water, groundwater or soil. CEN is asked to describe if and how these barriers to trade can be resolved or prevented by the set of standards included in the work programme. This TR will be used by the Commission to address the i
33、ssue of barriers to trade with the Member States and to discuss with regulators their requirements to prevent harmful effects as stated in ER3 of the CPD as described in the main body of the mandate.” Therefore, this report is intended to look first at existing technical barriers, but also to establ
34、ish whether potential technical barriers exist and to provide examples of such barriers. However the market sometimes makes little or no distinction between a technical barrier to trade (or even a potential barrier to trade) and the existence of barriers to the use of products that are legally place
35、d on the market having already met the technical standard requirements. Manufacturers are disturbed that they can comply with the requirements of the CPD and any harmonised standards, but still encounter difficulties in having their products specified and used, or even where they have to complete ad
36、ditional hurdles beyond those demanded in the harmonised technical specification. As the subject came up many times, this report contains numerous references to such “barriers to use”, but this subject will be dealt with separately, and in greater detail, in another report since it is not within the
37、 scope of CEN Standardisation to remove barriers to use. Similarly, there is no attempt in this report to examine the question of trade barriers resulting from any other market mechanism introduced at either EU level or national level, which results in or from fiscal penalties, quotas or internation
38、al trade agreements since these are beyond the scope of technical harmonisation. 2 Implementation of this Work Item 2.1 Administrative Procedures and Objectives 2.1.1 General At its inaugural meeting in Malta in April 2006, the members of CEN and CEN/TC 351 agreed to create a number of Task Groups,
39、including Task Group 1 (TG 1). TG 1 was to respond to the TR on Barriers to Trade. A small core group of members, in consultation with a larger consultation group created a proposal to tender for the creation of the TR1. The tender called for, inter-alia, a preliminary report to provide information
40、on technical barriers to trade in construction products, as EU producers exporting products to other Member States might encounter them. The information should enable decisions on the necessity for agreement on harmonised test methods. Any difficulty of a producer exporting his construction products
41、 to another Member State because of differences in regulation regarding the environmental aspects of the product should be regarded as a barrier to trade. It was agreed that at least 10 European trade associations would be interviewed on this topic with preliminary information and questionnaires bei
42、ng sent in advance. 2.1.2 Concepts and Scope of Barriers to Trade Although the principle emphasis of the Mandate and the report was technical barriers to trade, discussions outside of the TG meetings with the Commission DG Enterprise, established that the Commission was interested in all barriers to
43、 trade including barriers to “use” although it was acknowledged that such barriers could be beyond the scope of CEN harmonisation activities. The Commission also confirmed that the presence of a single national requirement and test method was sufficient grounds for commencing harmonisation procedure
44、s since the presence of an existing requirement and test method may create a future barrier to trade scenario see later. As well as establishing the presence of any true technical barriers to trade, TG 1 therefore also considered that other barriers to trade might exist which may not be under the us
45、ual definition of a technical barrier. In particular, TG 1 thought it necessary to investigate indirect technical requirements or barriers to trade that PD CEN/TR 15855:2009CEN/TR 15855:2009 (E) 6 might have an impact on construction products one way or another, especially if due to de facto regulat
46、ions or national requirements. It was therefore considered relevant and useful to include in the report some examples of the various types of barrier to trade where they may directly impact the use of a construction product in one or more Member States compared to the rest of Europe. 2.1.3 Barriers
47、to Trade or Barriers to Use Initial concepts of the different types of barriers in the market place were considered and some examples were provided to consultees to assist in their understanding of the issues and hence their responses. These included voluntary market measures and specific national r
48、equirements, whether notified regulations or recommendations. Market measures can become de-facto barriers. Opinions on what constitutes a barrier to trade vary but national regulatory barriers can be created within the European legal framework. Some regulations, such as the new REACH Regulation for
49、 health protection, provide common European levels of protection but the CPD defines Essential Requirements that are open to interpretation by Member States. Under Article 95 of the EU Treaty, the grounds for derogation from a harmonised level are strict, but greater freedom is afforded to countries when they implement non-harmonised levels of protection for health or environment in construction works. According to case law in the European Court of Justice, a measure should be proportional and reasonable, and it can take precedence over other
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