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Exhaustive harmonization through mandates /

standardization requests

Harmonized standards for construction products: Where are we going?

Gonçalo Ascensão 2015-10-26

Mandates/Standardization Requests

© CEN-CENELEC 2015 2Gonçalo Ascensão, Harmonized standards for

construction products: Where are we going?

• Preparations started in the 1990’s

• Mandates prepared in the context of theCPD/CPR

• Covering construction products likely to besubject to technical barriers to trade

• Mandates issued in the framework of CPD areconsidered as being issued under the CPR

• Take into account all essential characteristicswhich are required in Member Statesregulations?

Content of Mandates /Standardization Requests



• Chapter I: Grounds. Legal basis of the document

• Chapter II: Execution of the Mandate

- work programme hENs and supporting standards

- endorsement by EC

- development of standards

- acceptance by EC

• Chapter III. Harmonized standards. Content

Content of Mandates /Standardization Requests



• Annex I: Products and materials they are made of

• Annex II: Product characteristics to be taken into account for products and intended uses

• Annex III: Attestation of conformity systems according to EC Decisions (AVCP under CPR)

• Annex IV: Dealing with dangerous substances on which national or Euro-wide bans or restrictions are known

Example of Annex II: M/443



Answer to mandates

• Each individual TC prepares answer including:

o Mandated product families that the standard addresses

o Intended uses addressed by the standard

o Essential characteristics included (directly or using proxys) one test method in principle

• List of ENs to be developed as harmonized standards



Example of answer to mandate



Procedure for acceptance of answer to mandate

• TC prepares answer to mandate

• CCMC asks CPR Consultants (if available) for formal endorsement letter

• CCMC sends answer to EC

• EC consults Member States (through SCC)

• EC accepts/rejects the answer to the mandate or makes comments

• ENs can be prepared and cited in OJEU



During the last 20 years

• EC has issued:

o Amendments

o Addenda

o Corrigenda

o Revisions

o To several mandates

• No consolidation of those changes in mandates

• Which have always been accepted by CEN and CENELEC



EC view on A-deviations



Recent challenges?

• In certain cases more than 1 year to get an ECreply on the answer to the mandate not

always positive

• Often hENs are made available before ECacceptance

• CPR consultant (if available) should assess hENbased on accepted answer mandate

• In some cases EC does not cite hENs in line withanswer to the mandate:

o EN 50575 - cableso EN 16034 – fire resistent doors



More recently!



ECJ Judgement of 16.10.2014on case C-100/13

Court findings:

• Additional requirements imposed on CE marked construction products covered by hENs

o Prohibition of barriers to free movement of CE marked products

o Need to follow procedures in CPD/CPR for reacting to hENs or products with risk

• Exhaustive harmonization hENs cover all existing

National Requirements ?



Can we conclude?

• The ruling of the ECJ says that hENs under the CPD/CPR are exhaustive?

• Way forward can be a Formal Objection in line withart 18 of CPR

• Or an amendment of the mandate/standardizationrequest



If not exhaustive?

Implications for ESOs



• If there is a new regulation in one of the MSs

o Mandate should be amended to reflect National regulations and the new essential characteristic

o EN should be revised/amended to consider additionalessential characteristics

• Shall ESOs always accept the new essentialcharacteristics?

• Or only if consensus is around the table?


• If mandates have to be amended Which

procedure should be followed?

o In line with EU 1025/2012 a standardization requestshould be developed

o Yet,






o In line with EU 1025/2012 a standardization requestshould be developed

o Yet,






o In line with EU 1025/2012 a standardizationrequest should be developed

• Example of amendment to M/120

o In line with Reg 1025/2012?

o Can hENs be harmonized under the CPR?



Additional examples

• Amendment to M/105 to include an additionalessential characteristic ‘Reaction to fire’

• Amendment to M/106, M/113, M/121 and M/139(which amended M/100) to include an additionalessential characteristic ‘Continuous glowingcombustion’



Key strategic questions

• Mandates consider all essential characteristicsrequired in Member States regulations removing

barriers to trade?

• Exhaustive harmonization hENs cover all existing

National Requirements?

• If mandate is amended ESOs have to accept thework?

• Amendment of mandates under Reg 1025/2012. Is itpossible? Standardization requests?

• Procedural delays in acceptance of answer tomandates. What can we do?



Thank you very muchfor your attention

Gonçalo Ascensão, Harmonized standards for

construction products: Where are we going?© CEN-CENELEC 2015 21

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