The basic information concerning construction products is that the placing or making available on the market of construction products is regulated in two essential areas:
- the harmonised area, i.e., the area in which rules set out in Regulation (EU) No 305/2011 are applied to construction products and in which (as a rule) the CE marking is affixed to construction products, and
- the non-harmonised area, i.e., the area in which national rules are applied to construction products and in which CE marking is not affixed to construction products.
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Frequently asked questions
CONSTRUCTION PRODUCTS LEGALLY MARKED AND PLACED ON THE MARKET BEFORE 01 JULY 2013
- Until when can construction products that were legally placed on the market before 01 July 2013 be on the market and be used for construction in the territory of the Republic of Croatia?
The provisions of Article 81 of the Construction Products Act (Official Gazette 76/13, 30/14) apply to construction products that were legally placed on the market before 01 July 2013, and prescribe that construction products that were legally placed on the market before the entry into force of the said Act, pursuant to the provision of the Construction Products Act (Official Gazette 86/08, 25/13) and the regulations adopted for the implementation of the latter Act, may be found on the market in the territory of the Republic of Croatia and used for construction until the expiry of the document on the basis of which they were placed on the market, and may at the latest be available until 30 June 2015 and used for construction until 30 June 2016.
An exception from the indicated are construction products linked to the basic requirement of fire safety that can be available until 30 June 2018 and be used for construction until 30 June 2019.
It should be noticed that within the stated time limits it is not allowed to initiate procedures for the issuance of the said documents, but that only procedures prescribed for maintaining the validity of documents can be carried out, in accordance with the regulations pursuant to which these documents were developed.
HARMONISED AREA OF CONSTRUCTION PRODUCTS
- What regulations have been applied to the harmonised area of construction products in the Republic of Croatia since 01 July 2013?
Since 01 July 2013, Regulation (EU) No 305/2011 is directly applicable to the harmonised area of construction products in the Republic of Croatia, while its application is regulated by the Construction Products Act (Official Gazette 76/13, 30/14).
As of June 2014, also the following is directly applicable:
Commission Delegated Regulation (EU) No 568/2014 of 18 February 2014 amending Annex V to Regulation (EU) No 305/2011 of the European Parliament and of the Council as regards the assessment and verification of constancy of performance of construction products, and
Commission Delegated Regulation (EU) No 574/2014 of 21 February 2014 amending Annex III to Regulation (EU) No 305/2011 of the European Parliament and of the Council on the model to be used for drawing up a declaration of performance on construction products.
All relevant regulations governing the harmonised area of construction products in the Republic of Croatia can be found on the website of the Ministry of Construction and Physical Planning.
- Where can Regulation (EU) No 305/2011 translated into Croatian be found?
Regulation (EU) No 305/2011 in Croatian can be found in the Official Journal of the European Union on the EurLex website enabling access to European Union law.
- What are the obligations of manufacturers who wish to place on the market within the borders of the Republic of Croatia their construction product in the harmonised area?
The obligations of manufacturers are prescribed by Article 11 of Regulation (EU) No 305/2011.
When a manufacturer places on the EU market a construction product which is covered by a harmonised standard or conforms to a European Technical Assessment which has been issued for it, the manufacturer shall:
- draw up technical documentation describing all the relevant elements related to the required system of assessment and verification of constancy of performance;
- draw up a declaration of performances in accordance with Articles 4 and 6 of Regulation (EU) No 305/2011 with data written in Croatian, in Latin script;
- affix the CE marking in accordance with Articles 8 and 9 of Regulation (EU) No 305/2011 with data written in Croatian, in Latin script;
- draw up instructions and safety information with data written in Croatian language, in Latin script.
The remaining obligations of manufacturers are prescribed by Article 11 of Regulation (EU) No 305/2011.
If any of the provisions from Article 5 of Regulation (EU) No 305/2011 can be applied, the manufacturer may refrain from drawing up a declaration of performance and from marking the construction product with CE marking.
- What are the obligations of importers who wish to place on the market within the borders of the Republic of Croatia a construction product in the harmonised area?
The obligations and procedures of importers, the required documents, marking of construction products or its packaging respectively, previous actions that importers shall take before and during the placing of construction products on the market, as well as actions taken by importers in case of doubt that a construction product which they wish to place on the market is not in conformity with the declaration of performance drawn up by the manufacturer or not in compliance with other applicable requirements of Regulation (EU) No305/2011, are prescribed by Article 13 of Regulation (EU) No 305/2011.
- What are the responsibilities of distributors who wish to make their construction products in the harmonised area available on the market within the borders of the Republic of Croatia?
The obligations and procedures of distributors, the required documents and previous actions that distributors shall take prior to and during the making construction products available on the market, as well as actions taken by distributors in case of doubt that a construction product which they wish to make available on the market is not in conformity with the declaration of performance drawn up by the manufacturer or is not in compliance with other applicable requirements of Regulation (EU) No 305/2011, are prescribed by Article 14 of Regulation (EU) No 305/2011.
- An economic operator wishes to sell on the market of the Republic of Croatia under the manufacturer’s name a construction product in the harmonised area that has already been sold on the market of another Member State. Is the economic operator in this case an importer or a distributor?
Since on 1 July 2013 the Republic of Croatia has become an EU Member State and thereby also part of the Common European Economic Area, the terms defined in Article 2 point 20 and 21 of Regulation (EU) No 305/2011 also apply to economic operators in the territory of the Republic of Croatia:
distributor means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a construction product available on the market;
importer means any natural or legal person established within the Union, who places a construction product from a third country on the Union market.
When an economic operator wishes to market a construction product in the harmonised area in the territory the Republic of Croatia under the manufacturer’s name, and this product has already been sold in another Member State, it is a case of making it available on the market (distribution), and in this case the economic operator is a distributor.
- An economic operator wishes to sell on the market of the Republic of Croatia under the manufacturer’s name a construction product in the harmonised area which is manufactured in Bosnia and Herzegovina. What are his obligations?
When making a construction product from a third country for the first time available on the market of an EU Member State, this is the case of placing the construction product on the Union market, and consequently the economic operator is considered to be an importer, and the obligations prescribed by Article 13 of Regulation (EU) No 305/2011 apply to him.
- What does it mean ''making available on the market'' and what ''placing on the market''?
The terms 'making available on the market' and 'placing on the market' are defined in Article 2, point 16 and 17 of Regulation (EU) No 305/2011.
placing on the market means the first making available of a construction product on the Union market;
making available on the market means any supply of a construction product for distribution or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge (for example, the product was placed on the market in the Federal Republic of Germany, and later on it has been made available on the market in the Republic of Croatia).
- What obligations refer to a distributor who wishes to make a construction product in the harmonised area available on the market under his name?
The indicated case is defined by Article 15 of Regulation (EU) No 305/2011, according to which an importer or distributor shall be considered a manufacturer and shall be subject to the obligations of a manufacturer (the obligations of manufacturers are prescribed by Article 11 of Regulation (EU) No 305/2011), where he places a product on the market under his name or trademark or modifies a construction product already placed on the market in such a way that conformity with the declaration of performance may be affected.
- What is the purpose of the declaration of performance?
The manufacturer draws up the declaration of performance (DoP) when placing on the market a construction product in the harmonised area (that is covered by a harmonised standard or conforms to a European Technical Assessment which has been issued for it).
The declaration of performance is the most important document that ''accompanies'' the CE marking as it contains complete information on the manufacturer, the construction product, its performance and intended use.
By drawing up the declaration of performance, the manufacturer shall assume responsibility for the conformity of the construction product with the declared performance, and consequently Member States shall presume the declaration of performance drawn up by the manufacturer to be accurate and reliable.
In the declaration of performance, the manufacturer shall declare at least one of the essential characteristics of a construction product.
The manufacturer, in order to ensure competitiveness and the appropriate use of its construction product on the market of a given Member State, shall take into consideration the intended use and the regulations of the Member State, and shall decide on the performance of the construction product to be declared in relation to the essential characteristics.
- Where are the rules and conditions for drawing up a declaration of performance prescribed?
The rules and conditions for drawing up a declaration of performance as well as its content are prescribed in Articles 4 and 6 of Regulation (EU) No 305/2011, and in Annex III of Commission Delegated Regulation (EU) No 574/2014 (by this Commission Delegated Regulation, Annex III of Regulation (EU) No 305/2011 has been amended) the model is prescribed to be used for drawing up the declaration of performance.
- When can a construction product be CE marked?
Only those products can be CE marked that are in the harmonised area of construction products, and for which the manufacturer has drawn up a declaration of performance.
The CE marking shall be affixed before the construction product is placed on the market and shall be the only marking which attests conformity of the construction product with the declared performance in relation to the essential characteristics covered by a harmonised standard or by a European Technical Assessment. A Member State shall not prohibit or impede, within its territory or under its responsibility, the making available on the market or the use of construction products bearing the CE marking, when the declared performances correspond to the requirements for such use in that Member State.
The rules and conditions for CE marking are prescribed in Article 9 of Regulation (EU) No 305/2011.
- Do the documentation and CE marking have to be written on Croatian?
Pursuant to Articles 21 and 22 of the Construction Products Act (Official Gazette 76/13, 30/14), the content of the documentation and CE marking shall be written in Croatian, in Latin script.
- Who carries out assessment and verification of constancy of performance?
Assessment and verification of constancy of performance of construction products in relation to their essential characteristics shall be carried out in accordance with one of the systems set out in Annex V of Regulation (EU) No 305/2011 as well as Commission Delegated Regulation (EU) No 568/2014 (by this Commission Delegated Regulation, Annex V of Regulation (EU) No 305/2011 has been amended).
The system or systems thus determined shall be indicated in the harmonised technical specifications (harmonised standard and European Assessment Document).
According to Annex V, the manufacturer and notified body (NB), depending on the system, shall carry out the prescribed assessment and verification of constancy of performance, and based on it the notified body shall issue a certificate of constancy of performance or certificate of conformity of the factory production control or a test report (depending on the system for assessment and verification of constancy of performance), and the manufacturer shall draw up the technical documentation based on which the declaration of performance shall be drawn up, instructions and safety information, and shall affix the CE marking, with content written in Croatian, in Latin script.
In order for the notified body to carry out the prescribed activities of assessment and verification of constancy of performance, it must be notified in the NANDO database for a specific construction product and technical specification.
An example of notification in the NANDO database:
- What is a notified body?
A notified body is an independent body which carries out third-party tasks in the process of assessment and verification of constancy of performance of construction products, and which is assigned an identification number by the European Commission and is on the publicly available list of notified bodies in the NANDO database (New Approach Notified and Designated Organisations).
- Does the Republic of Croatia have national notified bodies?
The list of Croatian notified bodies along with the list of construction products, technical specifications and third-party tasks for which the body has been notified can be viewed in the NANDO database.
- Who carries out notification of notified bodies in the Republic of Croatia?
Pursuant to the Construction Products Act (Official Gazette 76/13, 30/14), the Ministry of Construction and Physical Planning is the notifying authority responsible for notification of notified bodies.
- How to use the NANDO database?
The European Commission has published the Guide to Using the NANDO Information System.
- What is a harmonised technical specification?
The term harmonised technical specifications is defined by Article 2 point 10 of Regulation (EU) No 305/2011:
harmonised technical specifications means harmonised standards and European Assessment Documents.
In harmonised technical specifications the essential characteristics of construction products shall be laid down in relation to the basic requirements for construction works.
1. Harmonised standards shall be established by European standardisation bodies on the basis of mandates issued by the Commission and after having consulted the Standing Committee on Construction.
Harmonised standards shall provide the methods and criteria for assessing the performance of the construction products in relation to their essential characteristics.
The list of harmonised standards shall be published in the Official Journal of the European Union, and can be also viewed on the website of the European Commission.
The list of harmonised technical specifications to which technical regulations refer may be found on the website of the Ministry of Construction and Physical Planning.
2. European Assessment Documents are one of the possibilities for placing a construction product on the market in the harmonised area, if the product is not covered by a standard, a European Technical Approval Guideline (ETAG), or a European Technical Approval (ETA).
In such a case a manufacturer submits a request for a European Technical Assessment, based on which the organisation of TABs (Technical Assessment Bodies) draws up and adopts the European Assessment Document for any construction product not covered or not fully covered by a harmonised standard, for which the performance in relation to its essential characteristics cannot be entirely assessed according to an existing harmonised standard.
The principles for the development and adoption of European Assessment Documents, obligations of the TAB receiving a request for a European Technical Assessment, the publication of the European Assessment Document, as well as the European Technical Assessment are prescribed in Articles 20 to 26 of Regulation (EU) No 305/2011.
The European Technical Assessment shall include the performance to be declared, by levels or classes, or in a description, of those essential characteristics agreed by the manufacturer and the TAB receiving the request for the European Technical Assessment for the declared intended use, and technical details necessary for the implementation of the system of assessment and verification of constancy of performance.
- Is he ETAG valid in the Republic of Croatia?
Since the European Assessment Document is a harmonised technical specification, in accordance with the transitional provision of Article 66 paragraph 3 of Regulation (EU) No 305/2011, guidelines for European technical approval published before 1 July 2013 in accordance with Article 11 of Directive 89/106/EEC may be used in the Republic of Croatia as European Assessment Documents.
The list of Guidelines for European technical approval (ETAGs), which in accordance with Article 66 paragraph 3 of Regulation (EU) No 305/2011 may be used as European Assessment Documents (EADs), can be found on the website of the European Organisation for Technical Assessment (EOTA).
- What is a Technical Assessment Body?
A Technical Assessment Body (TAB) is a body which at the request of a manufacturer shall issue the European Technical Assessments on the basis of a European Assessment Document.
- Does the Republic of Croatia have national bodies for technical assessment?
The list of Technical Assessment Bodies that are designated according to Regulation (EU) No 305/2011, can be found in the NANDO database. Currently, there is no designated TAB in the Republic of Croatia.
- Which are the obligations of a notified body, and which of a TAB?
The obligations of TABs are prescribed in Article 21 of Regulation (EU) No 305/2011, and the activities which they carry out are prescribed in Articles 26 and 30 of Regulation (EU) No 305/2011.
According to Article 52 paragraph 1 of Regulation (EU) No 305/2011, notified bodies shall carry out third party tasks in accordance with the systems of assessment and verification of constancy of performance prescribed by Annex V of Commission Delegated Regulation (EU) 568/2014.
Hence, the TAB shall carry out assessment and issue the European Technical Assessment in a product area for which it has been designated, whereas the notified body shall carry out third party tasks in accordance with the systems of assessment and verification of constancy of performance provided for in Annex V.
- Do certificates and test reports issued by a notified body from another EU Member State be written in Croatian and in Latin script?
At present, there is no prescribed obligation that certificates and test reports issued by notified bodies have to be translated into Croatian and in Latin script.
- Before 01 July 2013, a manufacturer from the Republic of Croatia had placed on the EU market a construction product with CE marking. What does he have to do to sell that construction product on the market of the Republic of Croatia after 01 July 2013?
For a construction product manufactured in the Republic of Croatia which has been placed on the market of the European Union before 01 July 2013, in accordance with Article 66 paragraph 2 of the transitional provisions of Regulation (EU) No 305/2011 manufacturers may draw up a declaration of performance on the basis of a certificate of conformity or a declaration of conformity, which has been issued before 1 July 2013 in accordance with Directive 89/106/EEC.
If the manufacturer had drawn up a declaration of performance, instructions and safety information, and marked it in accordance with Regulation (EU) No 305/2011, then the indicated documentation and marking are also valid in the territory of the Republic of Croatia, under the condition that the information in the marking and the documentation are written in Croatian, in Latin script.
- Before 01 July 2013, a manufacturer from another Member State had placed on the EU market a construction product with CE marking. Is the documentation valid as well as the marking for the construction product in the territory of the Republic of Croatia after 01 July 2013?
For a construction product manufactured in the Republic of Croatia which has been placed on the market of the European Union before 01 July 2013, in accordance with Article 66 paragraph 2 of the transitional provisions of Regulation (EU) No 305/2011, manufacturers may draw up a declaration of performance on the basis of a certificate of conformity or a declaration of conformity, which has been issued before 1 July 2013 in accordance with Directive 89/106/EEC.
If the manufacturer of a construction product manufactured in another Member State had drawn up a declaration of performance, instructions and safety information, and marked it in accordance with Regulation (EU) No 305/2011, then the indicated documentation and marking are also valid in the territory of the Republic of Croatia, under the condition that their content is written in Croatian, in Latin script.
- A manufacturer from the Republic of Croatia has certificates of conformity that have been issued by an authorised body before 01 July 2013. May the manufacturer, on the basis of the said documents, draw up a declaration of performance?
In accordance with Article 66 paragraph 2 of the transitional provisions of Regulation (EU) No 305/2011, a manufacturer may draw up a declaration of performance on the basis of a certificate of conformity or a declaration of conformity, which has been issued before 1 July 2013 in accordance with Directive 89/106/EEC.
Likewise, Article 83 of the Construction Products Act (Official Gazette 76/13, 30/14) prescribes that manufacturers may draw up a declaration of performance prescribed by that Act on the basis of a certificate of conformity or a declaration of conformity which has been issued before the entering into force of that Act.
Furthermore, in the declaration of performance and the CE marking the identification number of the notified body must be indicated, which means that the notified body which has issued the certificate of conformity must be notified for the same construction product for which the certificate has been issued.
- In view of Croatia’s accession to the European Union on 01 July 2013 and the obligation of CE marking of construction products if they are in accordance with Regulation (EU) No 305/2011, we would like to know whether there is a possibility of leaving an empty space in the CE marking which is foreseen for the identification number of the notified body, that is, whether this represents an infringement. We need this information primarily for purposes of sale in the Republic of Croatia.
The rules and conditions for affixing the CE marking are prescribed by Article 9 of Regulation (EU) No 305/2011. Paragraph 2 of this Article prescribes the obligatory content of the CE marking, which includes that the CE marking shall be accompanied by the identification number of the notified body.
If the construction product is covered by a harmonised standard or the European Technical Assessment has been issued for it, and it is placed on the market and/or made available on the market of the European Union, it shall be marked in accordance with Regulation (EU) No 305/2011, that is, the identification number of the notified body shall be indicated.
The circumstances that these products would be primarily intended for sale in the Republic of Croatia does not affect the application of these rules.
- When marking adhesives which are components of the ETICS system and are manufactured in Croatia, with the factory owner being in Austria, and the system has been tested in accordance with ETAG, and testing has been carried out at the request of the owner from Klagenfurt and he has obtained a certificate (approval), while the Croatian factory has also been controlled and certificated by the Austrian NB – shall on the bag of that composite in the CE marking under the heading manufacturer– the address of the owner from Austria be indicated who has obtained the approval, or shall the address of the manufacturer from Croatia be indicated?
In Article 9 paragraph 2 of Regulation (EU) No 305/2011 it is prescribed, among others, that the CE marking shall be followed by the name and the registered address of the manufacturer or the identifying mark allowing identification of the name and address of the manufacturer easily and without any ambiguity.
It follows from the inquiry that the “factory owner in Austria” is in fact the manufacturer of the construction product (composite for the ETICS system) regardless of the fact that the stated construction product has been manufactured for the manufacturer in a dislocated factory in the Republic of Croatia, and therefore the factory in Croatia as part of the entire system has been controlled and certified by the Austrian notified body.
In the CE marking the name and the registered address of the manufacturer of the construction product from Austria has to be indicated.
- Manufacturers from Bosnia and Herzegovina manufacture PVC windows and doors as well as curtain walling. Which product performances must be declared on the declaration of performance if they wish to place the stated products on the market within the borders of the Republic of Croatia?
Provisions concerning the incorporation of construction products with regard to construction works that are built in the territory of the Republic of Croatia may have an impact on the decision on publishing the performance of essential characteristics. It is prescribed that the performance of essential characteristics must be determined by the design of the construction work, for all performances of the construction products (governed by the relevant standard) related to the fulfilment of the basic requirements for the construction work. As this refers to the basic requirements which, taking into account its characteristics, must be fulfilled by the designed construction work, the most likely situation is that in the design the (minimum) specific requirements shall be determined in relation to those performances of essential characteristics as listed in the Annexes ZA of harmonised standards.
Thus by the Technical regulation for doors and windows (Official Gazette 69/06), which is in force in the Republic of Croatia, it is prescribed that windows and doors may be incorporated in a construction work if, among others, they meet the requirements prescribed by this regulation. In Article 8, as well as in the Annex of the indicated regulation, it is determined that in the construction work design the performance of windows and doors must be specified, and this specification is obligatory with regard to air tightness, whereas with regard to resistance to wind load, water tightness, heat transmission, noise insulation and resistance to fire and smoke leakage depending on the intended purpose and position of windows and doors in the construction work and the conditions of its use.
It is in the interest of manufacturers to ensure competitiveness and adequate use of their construction product on the market of a certain Member State, to take into consideration the product’s intended use and the regulations of the Member State, and based on that to decide what construction product performance concerning the essential characteristics shall be stated in the declaration of performance.
As for curtain walling, according to Croatian technical regulations, there are no specific prescribed requirements regarding performance that must be specified in the construction work design, and the manufacturer may decide, depending on the intended use, what curtain walling performance shall be declared in the declaration of performance.
- What is the procedure of issuing, that is, who may issue the declaration of performance for construction products manufactured in accordance with the harmonised standard HRN EN 54?
A series of HRN EN 54 standards are indicated in the list of accepted harmonised standards in Annex H – H.1. List of standards for fire alarms, fire detection, fixed fire equipment, products for fire and smoke control and explosion suppression of the Technical regulation on construction products (Official Gazette 33/10, 87/10, 146/10, 81/11, 100/11, 130/12, 81/13, 136/14, 119/15), pursuant to which Article 91 of the Construction Products Act (Official Gazette 76/13, 30/14) prescribes that construction products from Annex H of the indicated technical regulation which were placed on the market before the entry into force of that Act and for which the legal person referred to in Article 68, paragraph 1, subparagraph 2 of the Fire Protection Act (Official Gazette 92/10), in accordance with its mandate, had issued the document on validity and suitability for the intended purpose may be available on the market in the territory of the Republic of Croatia until 30 June 2018 and may be used for construction until 30 June 2019.
However, in that period is not allowed to initiate procedures for the issuance of documents pursuant to which the stated construction products have been placed on the market according to rules that were valid until 01 July 2013.
If a construction product is placed on the market (meaning the first making available of a construction product on the EU market), then in accordance with Annex V to Delegated Regulation (EU) No 568/2014, depending on the system of assessment and verification of constancy of performance specified in the harmonised technical specification of the construction product, the notified body and the manufacturer of the construction product carry out the prescribed activities.
Based on the implemented activities and issued certificates, that is, the test reports issued by the notified body, the manufacturer draws up the technical documentation based on which he draws up the declaration of performance, instructions and safety information, and affixes the CE marking in accordance with Regulation (EU) No 305/2011, with its content written in Croatian, in Latin script.
- We are importers of a construction product (roofing membrane) which is manufactured under the ASTM standard, and we had engaged an authorised certification body which carried out factory production control and issued the certificate of conformity of the factory production control. However, the manufacturer carries out continuing laboratory testing according to ASTM, and we have to present them according to the harmonised standard HRN EN 13956:2012 in the declaration of performance as well as on the packaging. Can we give the same construction material to an authorised institution for testing, and present the results according to the EN standard in the declaration of performance?
Since this concerns the System 2+ of assessment and verification of constancy of performance, in accordance with Annex V point 1.3 (a) (iii) of Commission Delegated Regulation (EU) No 568/2014 the manufacturer shall carry out testing of samples taken at the manufacturing plant by the manufacturer in accordance with the prescribed test plan.
Therefore, continuing testing of the construction product shall be carried out according to the testing standard referred to by the harmonised standard HRN EN 13956:2012 during its production, and not subsequently.
- Are there in the Republic of Croatia any additional requirements for construction products which are in contact with drinking water?
The Technical regulation on construction products (Official Gazette 33/10, 87/10, 146/10, 81/11, 100/11, 130/12, 81/13, 136/14, 119/15) prescribes in Article 9, paragraph 4, that if the construction product is intended for use which implies contact of that product with drinking water, then besides assessment and verification of constancy of performance for that product also the procedure of determining its fitness for that purpose shall be carried out under a special regulation.
Special regulations which govern the procedure for determining the fitness of construction products that are in contact with drinking water in the Republic of Croatia are:
- Drinking Water Act (Official Gazette 56/13, 64/15), and
- Ordinance on parameters of compliance and methods for analysing water for human consumption (Official Gazette 125/13, 141/13, 128/15), both under the competence of the Ministry of Health.
For more detailed information on the procedure for determining the suitability of construction products that are in contact with drinking water, please contact the Division of Environmental Health of the Croatian Institute of Public Health.
- In the harmonised standard EN 13986:2004, Appendix B, Note 5 reads: “In certain countries only Products of class E1 are allowed”. Does such a requirement exist in the Republic of Croatia?
Provisions concerning the incorporation of construction products in construction works that are built in the territory of the Republic of Croatia, pursuant to which it is possible to determine in designs a (minimum) requirement as compared to the performance of essential characteristics indicated in the Annexes ZA of harmonised standards, may have an impact on the decision to declare the performance of essential characteristics.
For wood-based panels for use in construction, whose performance is specified on the basis of harmonised standard HRN EN 13986:2008, Annex A of Technical Regulation for Wooden Structures (Official Gazette 121/07, 58/09, 125/10, 136/12) it is prescribed that in premises in which release of formaldehyde might have an impact on health (dwelling premises of people, animals, premises where food is stored, etc.), the specification of the formaldehyde emission performance is obligatory in the design for structural timber which is jointed with other timber or is continued through adhesives (structural finger jointed solid timber), for beams and panels based on wood.
- In view of the possibility of affixing the CE marking on the packaging of the product in several languages, I would like to know the proper way how to do it. Whether to adhere to the CE marking that is prescribed by the relevant standard for the construction product and simply affix several markings (each marking in one language), or is it necessary to include in a single prescribed form of the CE marking the text in several languages.
It is prescribed by Article 21 of the Construction Products Act (Official Gazette 76/13, 30/14) that on the construction product for which the manufacturer has issued a declaration of performance, the CE marking shall be affixed in accordance with Articles 8 and 9 of Regulation (EU) No 305/2011, with content written in Croatian, in Latin script, which however does not exclude the possibility of affixing the CE marking also in other languages and scripts.
It follows from the above stated that several CE markings may be affixed on the construction product, however the content of one of them shall be written in Croatian, in Latin script.
Furthermore, other markings that are affixed along the CE marking with content in Croatian and in Latin script, in accordance with the rules of affixing the CE marking prescribed by Regulation (EU) No 305/2011 and Regulation (EC) No 765/2008 shall not mislead third parties regarding the meaning or form of the CE marking with content in Croatian and in Latin script, and shall not reduce the visibility, legibility and meaning thereof.
- A manufacturer manufactures a construction product and satisfies the requirements of Regulation (EU) No 305/2011 (declaration of performance, technical documentation, CE marking,…). There is the certificate of constancy of conformity of the factory production control that has been issued to the manufacturer. The product has been sold to one company only, under the identity of that company (trademark and name). Is it possible to declare a customer to be an authorised representative and to authorise him, among other things, for making that product available on the market? Or is it more correct to define the customer as a distributor? In such a case, I would like to know in how to fulfil the requirements from Article 15 of the Regulation where it is specified that a distributor shall be subject to the obligations of a manufacturer pursuant to Article 11 of the Regulation. What does that exactly mean? Based on which procedure/documents shall a distributor draw up the declaration of performance, that is, the CE marking?
In Article 2, paragraph 1, points 19 and 20 of Regulation (EU) No 305/2011 the following terms are defined:
manufacturer means any natural or legal person who manufactures a construction product or who has such a product designed or manufactured, and markets that product under his name or trademark;
distributor means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a construction product available on the market;
Furthermore, pursuant to Article 15 of Regulation (EU) No 305/2011, an importer or distributor shall be considered a manufacturer for the purposes of this Regulation and shall be subject to the obligations of a manufacturer pursuant to Article 11, where he places a product on the market under his name or trademark or modifies a construction product already placed on the market in such a way that conformity with the declaration of performance may be affected.
Therefore, the provisions of Regulation (EU) No 305/2011 very clearly stipulate that if a person who manufactures a construction product, but does not trade it under his name or trademark, he is not considered a "manufacturer", but an economic operator who places the construction product on the market under his name or trademark, and is subject to the obligations of a manufacturer pursuant to Article 11 of Regulation (EU) No 305/2011, which means that he has to fulfil the obligations from that Article.
- Is it necessary to mark the country of origin of a product, and how, since the Consumer Protection Act prescribes that it is necessary to specify on a product the name and the seat of the manufacturer or of the importer who has its seat in the territory of the EU.
The Consumer Protection Act (Official Gazette Act 41/14, 110/15) stipulates in Article 6, paragraph 4 that the provisions of that Article shall not be applied to products whose marking is regulated by a special regulation.
Since construction products are governed by special regulations, the provisions of Regulation (EU) No 305/2011 and of Article 21 of the Construction Products Act (Official Gazette 76/13, 30/14) apply to the marking of construction products in the harmonised area, whereas the provisions of Article 29 of the Construction Products Act (Official Gazette 76/13, 30/14) apply to the marking of construction products in the non-harmonised area, provided that the content of the marking is in Croatian and in Latin script.
NON-HARMONISED AREA OF CONSTRUCTION PRODUCTS
- Which regulations in the Republic of Croatia have been applied to the non-harmonised area of construction products since 01 July 2013?
The non-harmonised area of construction products in the Republic of Croatia is regulated by the Construction Products Act (Official Gazette 76/13, 30/14), which entered into force on 01 July 2013.
On the website of the Ministry of Construction and Physical Planning all the regulations in force which regulate the field of construction products in the Republic of Croatia can be viewed.
- When is a manufacturer of a non-harmonised construction product allowed to draw up a declaration of performance and to affix the »C« marking?
If the procedure of placing on the market of a construction in the non-harmonised area is conducted under the regulations of the Republic of Croatia, then actions of assessment and verification of constancy of performance shall be carried out, and based on these actions, which shall be carried out by the manufacturer and the (Croatian) approved body, the (Croatian) approved body issues the certificate or report, and the manufacturer according to the provisions of Article 26 paragraph 1, Article 28, Article 29 paragraph 2, and Article 30 paragraph 2 and 8 of the Construction Products Act (Official Gazette 76/13, 30/14), draws up the (Croatian) declaration of performance and technical instruction in Croatian and in Latin script, and marks the product with the (Croatian) »C« marking.
The list of non-harmonised standards to which the technical regulation refers can be found on the website of the Ministry of Construction and Physical Planning.
Drawing up the declaration of performance and affixing the »C« marking on a construction product is considered to be a manufacturer’s statement on taking responsibility for the conformity of the construction product with the declared performance.
- Under what conditions is a non-harmonised construction product which has been placed on the market of another Member State allowed to be on the market of the Republic of Croatia?
If for such construction products the procedure prescribed for placing on the market in the territory of the Republic of Croatia has not been carried out, Article 54 of the Construction Products Act (Official Gazette 76/13, 30/14) can be applied.
Article 54 of the Construction Products Act (Official Gazette 76/13, 30/14) ensures the free movement of goods in the non-harmonized area, in compliance with European legislation, that is, Regulation (EC) No 764/2008 (Regulation on mutual recognition).
For construction products in the non-harmonized area that are sold in another Member State in compliance with its regulations governing construction products, the manufacturer may choose the manner of making the product available on the market of the Republic of Croatia:
1. By making the construction product directly available on the market, without additional testing or assessment and verification of constancy of performance, or
2. By proving with regard to these construction products that they meet the requirements of the Croatian technical specification in compliance with the Construction Products Act and the regulations for the implementation of this Act (that is, a procedure in accordance with the provisions of Articles 26, 28, 29 of the Construction Products Act (Official Gazette 76/13, 30/14).
In the first case, for these construction products drawing up of a (Croatian) declaration of performance is not allowed, nor are they allowed to be »C« marked as prescribed in the Republic of Croatia for the non-harmonized area.
The economic operator making the construction product described in item 1 available on the market within the borders of the Republic of Croatia shall ensure that in the accompanying documentation the intended use or uses and characteristics of the product are indicated, and that the documentation contains safety information and instructions on handling, storage, incorporation and permanent disposal of the construction product, written in Croatian, in Latin script.
To the incorporation of such a construction product the provisions of Article 17a of the Technical regulation on construction products (Official Gazette 33/10, 87/10, 146/10, 81/11, 100/11, 130/12, 81/13, 136/14, 119/15) apply, pursuant to which in the main design the performance of the essential characteristics of the construction product shall be specified, and it is mandatory for the quality control and assurance programme to include, in addition to the content referred to in Article 17, paragraph 1 of the said Technical regulation, also the following:
- a clear indication of the method of use of that product in the designed construction work;
- safety preconditions to be fulfilled in order for the product to be incorporated in the designed construction work,
- conditions of handling, storage, incorporation and permanent disposal of that product with regard to the construction, use and dismantling of the designed construction work;
- additional testing of the performance of essential characteristics of the construction product and/or other method of proving the fitness for use of that product for the designed construction work, especially with regard to the geographic, climate related or other specific features of the site on which the construction work shall be built, and/or the specific features of the designed construction work with regard to the fulfilment of the essential requirements, that is, a statement by the designer that additional testing and/or other method of proving the fitness for use is not necessary.
- What if there is no standard for a construction product?
If a construction product is not covered by a standard, a European Technical Approval Guideline (ETAG) or European Technical Assessment (ETA), one of the possibilities for placing a construction product on the market is prescribed by Article 19 of Regulation (EU) No 305/2011 according to which following a request for a European Technical Assessment by a manufacturer, a European Assessment Document shall be drawn up and adopted by the organisation of TABs (Technical Assessment Bodies) for any construction product not covered or not fully covered by a harmonised standard, for which the performance in relation to its essential characteristics cannot be entirely assessed according to an existing harmonised standard.
The principles for the development and adoption of European Assessment Documents, the obligations of the TABs receiving a request for a European Technical Assessment, and publication of the European Assessment Document, and the European Technical Assessment are prescribed by Articles 20 and 26 of Regulation (EU) No 305/2011.
The second possibility is provided by the provision of Article 37 of the Construction Products Act (Official Gazette 76/13, 30/14), prescribing that for every construction product which is not covered or is not fully covered by a harmonised technical specification, technical regulation or Croatian standard, or for which in accordance with an existing harmonised technical specification, technical regulation or Croatian standard the performance in relation to its essential characteristics cannot be fully assessed, at the manufacturer’s request a Croatian technical assessment body (HTTO) shall, with prior approval of the Ministry of Construction and Physical Planning, draw up the Croatian Assessment Document and shall issue the Croatian Technical Assessment.
The principles for the development of a Croatian Assessment Document, its content, the obligations of the HTTO when issuing a Croatian Technical Assessment, the publication of the Croatian Assessment Document and the Croatian Technical Assessment are prescribed by Articles 38 to 42 of the Construction Products Act (Official Gazette 76/13, 30/14).
- We are manufactures of industrial roofing products and would like to use it on the Croatian market. We have a German approval Z.14.1-182. Is it possible for such a product to be incorporated in the Republic of Croatia and what documents are required for its certification?
Since this case refers to a construction product in the non-harmonised area, on which national specificities for structural design in the Republic of Croatia have an impact, in the Republic of Croatia this construction product is regulated by Title III of the Construction Products Act (National Gazette 76/13, 30/14).
In order to place the construction product referred to in the inquiry on the market of the Republic of Croatia and to incorporate it in a construction work built in the territory of the Republic of Croatia, it is prescribed by the provision of Article 37 of the Construction Products Act (Official Gazette 76/13, 30/14) that for every construction product which is not covered or is not fully covered by a harmonised technical specification, technical regulation or Croatian standard, or for which in accordance with an existing harmonised technical specification, technical regulation or Croatian standard the performance in relation to its essential characteristics cannot be fully assessed, at the manufacturer’s request a Croatian body for technical assessment (HTTO) with prior approval of the Ministry of Construction and Physical Planning shall draw up the assessment document and shall issue the Croatian technical assessment.
Since the national specificities for structural design in the Republic of Croatia have an impact on the construction product from the inquiry, technical regulations prescribe national rules related to designing, execution of works, maintenance and the performance of the construction product in relation to its essential characteristics and other requirements for construction products intended for incorporation into structures, as well as on the application of national annexes to Eurocodes, which can be viewed in the Standards Library of the Croatian Standards Institute.
An economic operator that also incorporates the construction product becomes, pursuant to Article 53 of the Building Act (Official Gazette 153/13), a party involved in building, that is, a contractor, and consequently Articles 69 and 70 of the Act on Physical Planning and Building Tasks and Activities (Official Gazette 78/15) applies, prescribing the conditions under which foreign contractors that are established in another EEA contracting state may perform activities of construction of a construction work in the Republic of Croatia.
- If an Italian manufacturer of security doors possesses a valid certificate for fire-resistant doors that enables him to operate without hindrance on the EU market, can he start placing his fire-resistant products also in Croatia by using the same certificate translated into Croatian?
On the website of the Ministry of Construction and Physical Planning the interpretation can be found regarding assessment and verification of constancy of performance, and classification of windows and doors that are incorporated between spaces and/or premises belonging to different fire sections: See ‘’OPINION WINDOWS AND DOORS’’.
