1、PD CEN/TR 15855:2009 ICS 91.100.01 NO COPYING WITHOUT BSI PERMISSION EXCEPT AS PERMITTED BY COPYRIGHT LAW PUBLISHED DOCUMENT Construction products Assessment of release of dangerous substances Barriers to tradeThis Published Document was published under the authority of the Standards Policy and Stra
2、tegy Committee on 30 April 2009 BSI 2009 ISBN 978 0 580 64645 4 Amendments/corrigenda issued since publication Date Comments PD CEN/TR 15855:2009 National foreword This Published Document is the UK implementation of CEN/TR 15855:2009. The UK participation in its preparation was entrusted to Technica
3、l Committee B/557, Construction products - Assessment of dangerous substances. A list of organizations represented on this committee can be obtained on request to its secretary. This publication does not purport to include all the necessary provisions of a contract. Users are responsible for its cor
4、rect application. Compliance with a British Standard cannot confer immunity from legal obligations.PD CEN/TR 15855:2009 TECHNICAL REPORT RAPPORT TECHNIQUE TECHNISCHER BERICHT CEN/TR 15855 March 2009 ICS 91.100.01 English Version Construction products - Assessment of release of dangerous substances -
5、 Barriers to trade Produits de construction - Evaluation de lmission de substances dangereuses - Barrires aux changes Bewertung der Freisetzung von gefhrlichen Substanzen aus Bauprodukten - Handelsbarrieren This Technical Report was approved by CEN on 3 February 2009. It has been drawn up by the Tec
6、hnical Committee CEN/TC 351. CEN members are 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
7、, Slovakia, Slovenia, Spain, Sweden, Switzerland and United Kingdom. EUROPEAN COMMITTEE FOR STANDARDIZATION COMIT EUROPEN DE NORMALISATION EUROPISCHES KOMITEE FR NORMUNG Management Centre: Avenue Marnix 17, B-1000 Brussels 2009 CEN All rights of exploitation in any form and by any means reserved wor
8、ldwide for CEN national Members. Ref. No. CEN/TR 15855:2009: EPD CEN/TR 15855:2009 CEN/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
9、 Barriers to Trade .5 2.1.2 Barriers to Trade or Barriers 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 Curr
10、ent Regulations two or more Member States 11 5.2.3 Current 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
11、 to trade 19 7 Conclusions 20 7.1 Barriers to Trade . 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 15855:2009 CEN/TR 15855:2009 (E) 3 Foreword This document (CEN/TR 15855:2009)
12、 has been prepared by Technical Committee CEN/TC 351 “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 su
13、pports essential requirements of EU Directive(s). This 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 dangero
14、us substances into indoor air, surface water, groundwater 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 exami
15、nes whether potential technical barriers exist and provides 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
16、 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 add
17、itional hurdles beyond those required 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 in greater detail in another report since it is not within the scope
18、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 mechanisms introduced at either EU level or national level, which results in or from fiscal penalties, quotas or international tra
19、de agreements since these are beyond the scope of technical 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 R
20、equirement 3 of the CPD as described in the main body of the mandate M/366. PD CEN/TR 15855:2009 CEN/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 HARMO
21、NISED APPROACHES RELATING TO DANGEROUS SUBSTANCES UNDER 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
22、 was to establish the extent of or presence of technical 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,
23、 1988 concerning construction products) is aiming to lift 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 standar
24、disation mandate refers to products for which the two following 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 th
25、e satisfaction by the construction works, in which they 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 subje
26、ct to legislative, regulatory or administrative regulations 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
27、identify and cover all products or product families for 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/t
28、est methods for these specified regulated dangerous substances 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 t
29、o trade, and also in the above Clause 7, Execution of the 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
30、 trade, and CEN is especially asked to consider in the Work 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
31、 into indoor air, surface water, ground water or soil. 1Any 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 15855:2009 CEN/TR 15855:2009 (E) 5 This Technical Report (TR) shall indicate the barriers to trade as i
32、dentified by the product Technical Committees in relation 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
33、. This TR will be used by the Commission to address the issue 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
34、 first at existing technical barriers, but also to establish 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
35、of barriers to the use of products that are legally placed 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 s
36、pecified and used, or even where they have to complete additional 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 gre
37、ater detail, in another report since it is not within the 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 r
38、esults in or from fiscal penalties, quotas or international 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
39、and CEN/TC 351 agreed to create a number of Task Groups, 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,
40、 inter-alia, a preliminary report to provide information 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 dif
41、ficulty of a producer exporting his construction products 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
42、topic with preliminary information and questionnaires being 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, establis
43、hed that the Commission was interested in all barriers to 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
44、sufficient grounds for commencing harmonisation procedures 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 ba
45、rriers to trade might exist which may not be under the usual 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 15855:2009 CEN/TR 15855:2009 (E) 6 might have an impact on construction products
46、 one way or another, especially if due to de facto regulations 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 Mem
47、ber States compared to the rest of Europe. 2.1.3 Barriers 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
48、included voluntary market measures and specific national requirements, 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 framewo
49、rk. Some regulations, such as the new REACH Regulation for 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 propor
