The outgoing and the new Construction Products Regulation (CPR) offer a voluntary path for CE marking products not covered by harmonised standards. This process involves a technical assessment body (TAB) and the issuance of a European technical assessment (ETA). This complementary approach supports a strong single market and promotes innovative products.
How the current procedure works
- A manufacturer requests an ETA for a construction product that is not covered by a harmonised standard.
- The request is made to a TAB for the relevant product area – see list of TABs in the New Approach Notified and Designated Organisations (NANDO) database.
- The TAB issues the ETA based on a European Assessment Document (EAD) adopted by the European Organisation for Technical Assessment (EOTA).
- The European Commission publishes an updated list of references for the final EADs in the Official Journal of the European Union.
The main content of the ETA is information on the intended use and performance of a product.
EOTA route under the new CPR
The new Construction Products Regulation (CPR) updates the voluntary CE marking system for construction products, providing more legal clarity for manufacturers and regulators.
Key changes
The following is a non-exhaustive list of important alterations.
- Products using the European Organisation for Technical Assessment (EOTA) route can now benefit from new market instruments under the CPR, including
- CE marking with data carriers
- declarations of performance and conformity (DoPC)
- general product information, instructions for use and safety information
- digital product passport (DPP), when implemented
- The definition of harmonised technical specifications has changed. Only performance-harmonised standards and implementing acts adopted for the same purpose (fallback option) are now considered and defined as harmonised technical specifications (performance HTS)
- The EOTA route remains voluntary for manufacturers seeking CE marking for innovative products not covered by performance HTS
- EADs are not part of the new harmonised zone, meaning they are not considered harmonised technical specifications but should follow assessment methods defined in performance HTS to ensure regulatory consistency
- An ETA can only be issued if the corresponding EAD is cited in the Official Journal of the European Union
- If a new EAD needs to be developed for an ETA request, the TAB will provide the ETA only after the EAD is cited
- EADs must not overlap with the scope of performance HTS
- If a product is covered by a performance HTS, it falls under the harmonised zone, and the TAB will inform the manufacturer that the ETA request cannot be processed but characteristics may be considered in the revision of the relevant performance HTS
- If it is unclear whether a performance HTS overlaps with a potential EAD, developing the EAD is allowed if
- The product's declared use is outside the performance HTS’ intended use
- The materials used differ from those in the performance HTS
- Assessment methods of the performance HTS are unsuitable for the product
- EADs can be requested by groups of manufacturers, associations, or the Commission, but each manufacturer receives an individual ETA upon request
- There are specific validity and expiration periods
- EADs are valid for 10 years
- EOTA can request a 10-year extension from the Commission in the final year before expiration
- ETAs can be used for five years after an EAD expires
- The procedure for requesting ETAs and adopting EADs is now more streamlined, enhancing coordination between EOTA and the Commission
- The new CPR requires that new EADs include all essential characteristics related to environmental sustainability (life cycle assessment indicators according to EN 15804), with ETAs declaring these characteristics in the following stages
- Global Warming Potential (GWP) upon EAD citation
- The core list of LCA-EPD indicators by 2029 (four years after the date of application of the new CPR)
- The full list of LCA-EPD indicators by 2031 (six years after the date of application of the new CPR)
Transition to the new EOTA Route
EADs cited under the outgoing CPR can be used for issuing ETAs until 2030 (5 years after the date of application of the new CPR). The related ETAs can be used for CE marking products until 2035 (ten years after the date of application of the new CPR), provided that the product and intended use are not covered by a mandatory performance HTS. Once a new performance HTS is applied, it becomes the only way to market a product, and the EAD and related ETAs can no longer be used for CE marking.
New CPR EAD and ETA transition
ETAGs (equivalent of EADs under the Construction Products Directive) cannot be used for CE marking under the new CPR, as they were not cited under the outgoing CPR. The outgoing CPR applies to CE marking and declarations of performance (DoP) based on existing EADs, which do not need to meet the new CPR’s conditions, such as including environmental sustainability characteristics.
ETAs based on non-cited EADs cannot be used for CE marking under either the outgoing or the new CPR from the date of application of the new CPR. These ETAs will be treated as new CPR ETA requests and must follow new CPR rules if the product and its intended use are not covered by a performance HTS.
An ETA from the outgoing CPR can be used as test results in the new CPR if the product, use, and assessment methods are applicable, providing the technical basis for verification by the relevant technical body. EADs cited under the outgoing CPR can be transferred to the new CPR if a manufacturer requests an ETA for the respective product under the new CPR. The new ETA and EAD must then meet all requirements of the new CPR.