The UK CPR versus The EU CPR
UK Construction Products Regulation (CPR)
Since Brexit, the UK CPR has superseded the regulation (EU) No. 305/2011 in England, Scotland and Wales. The European CPR will remain to apply in Northern Ireland. The EU CPR is subject to CE-marking and the UK CPR is subject to UKCA marking. To give businesses in the UK time to adapt to new UK legislation the CE marking on construction products will be recognised until 1 January 2023, however, UKCA marking on construction products will not be recognised in the EU.
CE marking for construction products
A construction product is defined as any product or kit used in a permanent way in buildings and civil engineering. There are two key questions to ask about the applicability of the EU CPR:
- Is the product a "construction product"?
- If yes, is there a harmonised technical specification that covers it?
If the answer to both is yes, then the CPR applies and CE in the EU is required. The EU CPR is different from other CE marking legislation. The EU CPR requires construction products to either be assessed against a harmonised standard or have a European Assessment Document/European Technical Assessment (EAD/ETA) before the CE mark can be applied.
UKCA marking for construction products
The structure of the EU CPR is retained in the new UK CPR. As of January 1, 2021, all existing harmonised European standards became UK ‘designated standards’. The UK government has published and will maintain, a list of these designated standards on GOV.UK. The same definition for construction products in the EU CPR applies in the UK CPR, however, the second question regarding the applicability must refer to a “UK designated standard” instead of an “EU harmonised standard”. If no designated UK standard exists, UKCA marking can be applied against a UK Assessment Document/UK Technical Assessment (UKAD/UKTA).
EU assessment documents and EU technical assessments
The EU has made detailed guidance about CE marking of construction products including the to be taken steps if no harmonised standards are available. A manufacturer must request for a European technical assessment (ETA) if his construction product is not covered or not fully covered by a harmonised standard. This request must be addressed to a technical assessment body (TAB). A technical specification, called European Assessment Document (EAD), may need to be developed to serve as the basis for the ETA.
UK assessment documents and UK technical assessments
A UK assessment procedure is almost analogue to the EU assessment procedure. A UK technical assessment (UKTA) must be requested with a UK technical assessment body. UK TAB’s can be found in the UKMCAB database. A UK Assessment Document (UKAD) may need to be developed to serve as the basis for the UKTA.
The UK government has made detailed guidance about the UKCA marking of construction products.
Declaration of performance (DoP)
The Declaration of Performance is a key part of the EU CPR as well as the UK CPR. It provides information on the performance of a product. For each construction product that is CE or UKCA marked respectively an EU DoP or a UK DoP must be composed. If you wish to affix both the UKCA mark and CE mark to your product, you will need valid Declarations of Performance that meet both the UK and EU CPR regimes’ requirements.
A copy of the Declaration of Performance shall be provided together with the product.
