9.10 Construction Products

ΕΛΛΗΝΙΚΑ

Product Contact Point for Construction

Contents
1. Overview
2. Prerequisites
3. Certificates
4. Legal Reference
5. Assistance Services

1. Overview

2. Prerequisites

3. Certificates

4. Legal Reference
4. Legal Reference
The following legislation is relevant:

Link to legal reference:

http://www.moi.gov.cy/moi/moiup/moi.nsf/All/2C13574EA6ADBF19C225859D003EB609?OpenDocument

A. Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC

According to the explanatory memorandum for Regulation (EU) No 305/2011, the Commission decided, following a wide consultation of stakeholders and an impact assessment, to propose that Directive 89/106/EEC be replaced by a regulation with the aim to better define the objectives of Community legislation and make its implementation easier. The main objective of the new regulation, and the reason for replacing Directive 89/106/EEC, was to achieve transparency, simplification and a more reliable system. The date set for the full application of Regulation (EU) No 305/2011 was 1 July 2013.
Construction works as a whole and in their separate parts must be fit for their intended use, taking account in particular of the health and safety of the persons involved in the entire life cycle of the structure. Subject to normal maintenance, basic works requirements must be satisfied for an economically reasonable working life.
The basic requirements for construction works are:
1. Mechanical resistance and stability
2. Safety in case of fire
3. Hygiene, health and the environment
4. Safety and accessibility in use
5. Protection against noise
6. Energy economy and heat retention
7. Sustainable use of natural resources
For the purpose of achieving the objectives of Regulation (EU) No 305/2011, in particular removing and avoiding restrictions on making construction products available on the market, the Commission adopts delegated acts in accordance with Article 60 of the Regulation.

Link to Regulation (EU) No 305/2011:

http://www.moi.gov.cy/moi/moiup/moi.nsf/All/2C13574EA6ADBF19C225859D003EB609/$file/%CE%9A%CE%91%CE%9D%CE%9F%CE%9D%CE%99%CE%A3%CE%9C%CE%9F%CE%A3%20(%CE%95%CE%95)%20305-2011%20%CE%A4%CE%97%CE%A3%209%CE%97%CE%A3%20%CE%9C%CE%91%CE%A1%CE%A4%CE%99%CE%9F%CE%A5%202011%20(%CE%9C%CE%97%20%CE%95%CE%93%CE%9A%CE%A1%CE%99%CE%9C%CE%95%CE%9D%CE%97%20%CE%95%CE%9D%CE%9F%CE%A0%CE%9F%CE%99%CE%97%CE%9C%CE%95%CE%9D%CE%97%20%CE%95%CE%9A%CE%94%CE%9F%CE%A3%CE%97%208-4-2013).pdf

Link to delegated acts:

https://ec.europa.eu/growth/sectors/construction/product-regulation_en

B. Regulation (EU) 2019/515 of the European Parliament and of the Council of 19 March 2019 on the mutual recognition of goods lawfully marketed in another Member State and repealing Regulation (EC) No 764/2008

The aim of Regulation (EU) 2019/515 is to strengthen the functioning of the internal market by improving the application of the principle of mutual recognition and by removing unjustified barriers to trade.
‘Article 9 – Tasks of the Product Contact Points
1. Member States shall designate and maintain Product Contact Points on their territory and shall ensure that their Product Contact Points have sufficient powers and adequate resources for the proper performance of their tasks. They shall ensure that Product Contact Points deliver their services in accordance with Regulation (EU) 2018/1724.
2. Product Contact Points shall provide the following information online: (a) information on the principle of mutual recognition and the application of this Regulation in the territory of their Member State, including information on the procedure set out in Article 5; (b) the contact details, by means of which the competent authorities within that Member State may be contacted directly, including the particulars of the authorities responsible for supervising the implementation of the national technical rules applicable in the territory of their Member State; (c) the remedies and procedures available in the territory of their Member State in the event of a dispute between the competent authority and an economic operator, including the procedure set out in Article 8.
3. Where necessary to complement the information provided online under paragraph 2, Product Contact Points shall provide, at the request of an economic operator or a competent authority of another Member State, any useful information, such as electronic copies of, or online access to, the national technical rules and national administrative procedures applicable to specific goods or goods of a specific type in the territory in which the Product Contact Point is established or information on whether those goods or goods of that type are subject to prior authorisation under national law.
4. Product Contact Points shall respond within 15 working days of receiving any request under paragraph 3.
5. Product Contact Points shall not charge any fee for the provision of the information under paragraph 3.’

Link to Regulation (EU) 2019/515:

https://eur-lex.europa.eu/legal-content/EL/TXT/PDF/?uri=CELEX:32019R0515&from=EN

C. Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011

‘Article 1 – Subject matter
1. The objective of this Regulation is to improve the functioning of the internal market by strengthening the market surveillance of products covered by the Union harmonisation legislation referred to in Article 2, with a view to ensuring that only compliant products that fulfil requirements providing a high level of protection of public interests, such as health and safety in general, health and safety in the workplace, the protection of consumers, the protection of the environment and public security and any other public interests protected by that legislation, are made available on the Union market.
2. This Regulation lays down rules and procedures for economic operators regarding products subject to certain Union harmonisation legislation and establishes a framework for cooperation with economic operators.
3. This Regulation also provides a framework for controls on products entering the Union market.’

Link to Regulation (EU) 2019/1020:

https://op.europa.eu/el/publication-detail/-/publication/903d90ee-9712-11e9-9369-01aa75ed71a1

D. Construction Products Law of 2013 (Law 130(I)/2013)

Regulation (EU) No 305/2011 entered fully into force on 1 July 2013, following which Parliament passed the Construction Products Law of 2013.
The Construction Products Law of 2013 was passed in order to transpose Regulation (EU) No 305/2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC and to enact conditions for the availability and marketing of construction products by adopting rules governing the declaration of performance of construction products in relation to their intended use.
The Ministry of the Interior is designated in that Law as the competent authority for the application of legislation on construction products and market surveillance. The Ministry of the Interior is also designated as the Product Contact Point for Construction and as the notifying authority for the notification of notified bodies and the designation of Technical Assessment Bodies.

Link to Construction Products Law of 2013:

http://www.moi.gov.cy/moi/moiup/moi.nsf/All/2C13574EA6ADBF19C225859D003EB609/$file/%CE%9F%20%CE%A0%CE%95%CE%A1%CE%99%20%CE%94%CE%9F%CE%9C%CE%99%CE%9A%CE%A9%CE%9D%20%CE%A0%CE%A1%CE%9F%CE%AA%CE%9F%CE%9D%CE%A4%CE%A9%CE%9D%20%CE%9D%CE%9F%CE%9C%CE%9F%CE%A3%20%CE%A4%CE%9F%CE%A5%202013%20(%CE%9D.130(%CE%99)%202013).pdf

E. Decrees
According to Article 34 of the Construction Products Law (Law 130(I)/2013), the Minister for the Interior may issue decrees, to be published in the Government Gazette of the Republic of Cyprus, specifying:
(a) for products for which there are harmonised technical standards, requirements in terms of the essential characteristics of the construction product in relation to its intended use;
(b) for products for which there are no harmonised technical standards, or requirements in terms of the technical specifications/characteristics of the construction product in relation to its intended use;
(c) requirements in terms of the provision of information by the Contact Point.
Decrees issued by the Minister for the Interior:
• The Basic Requirements (Construction Products) Decree of 2011 (Κ.Δ.Π. 164/2011)
• The Basic Requirements (Construction Products) Regulations of 2003, Amendment of Decree Κ.Δ.Π. 164/2011, Amending Decree of 2012 (Κ.Δ.Π. 357/2012)
• The Essential Characteristics (Prefabricated Concrete Products) Decree of 2014 (Κ.Δ.Π. 351/2014)

Link to the Decree of 2011 (Κ.Δ.Π.164/2011):

http://www.moi.gov.cy/moi/moiup/moi.nsf/All/2C13574EA6ADBF19C225859D003EB609/$file/%CE%9F%CE%99%20%CE%A0%CE%95%CE%A1%CE%99%20%CE%A4%CE%A9%CE%9D%20%CE%92%CE%91%CE%A3%CE%99%CE%9A%CE%A9%CE%9D%20%CE%91%CE%A0%CE%91%CE%99%CE%A4%CE%97%CE%A3%CE%95%CE%A9%CE%9D%20(%CE%A0%CE%A1%CE%9F%CE%AA%CE%9F%CE%9D%CE%A4%CE%91%20%CE%94%CE%9F%CE%9C%CE%99%CE%9A%CE%A9%CE%9D%20%CE%9A%CE%91%CE%A4%CE%91%CE%A3%CE%9A%CE%95%CE%A5%CE%A9%CE%9D)%20%CE%9A%CE%91%CE%9D%CE%9F%CE%9D%CE%99%CE%A3%CE%9C%CE%9F%CE%99%20(%CE%9A.%CE%94.%CE%A0.164_2011).pdf

Link to the Amending Decree of 2012 (Κ.Δ.Π.357/2012):

http://www.moi.gov.cy/moi/moiup/moi.nsf/All/2C13574EA6ADBF19C225859D003EB609/$file/%CE%9F%CE%99%20%CE%A0%CE%95%CE%A1%CE%99%20%CE%A4%CE%A9%CE%9D%20%CE%92%CE%91%CE%A3%CE%99%CE%9A%CE%A9%CE%9D%20%CE%91%CE%A0%CE%91%CE%99%CE%A4%CE%97%CE%A3%CE%95%CE%A9%CE%9D%20(%CE%A0%CE%A1%CE%9F%CE%AA%CE%9F%CE%9D%CE%A4%CE%91%20%CE%94%CE%9F%CE%9C%CE%99%CE%9A%CE%A9%CE%9D%20%CE%9A%CE%91%CE%A4%CE%91%CE%A3%CE%9A%CE%95%CE%A5%CE%A9%CE%9D)%20%CE%9A%CE%91%CE%9D%CE%9F%CE%9D%CE%99%CE%A3%CE%9C%CE%9F%CE%99%20-%20%CE%A4%CE%A1%CE%9F%CE%A0%CE%9F%CE%A0%CE%9F%CE%99%CE%97%CE%A3%CE%97%20%CE%A4%CE%9F%CE%A5%20%CE%94%CE%99%CE%91%CE%A4%CE%91%CE%93%CE%9C%CE%91%CE%A4%CE%9F%CE%A3%20%CE%9A.%CE%94.%CE%A0%20164_2011%20(%CE%9A.%CE%94.%CE%A0.%20357_2012).pdf

Link to the Decree of 2014 (Κ.Δ.Π.351/2014):

http://www.moi.gov.cy/moi/moiup/moi.nsf/All/2C13574EA6ADBF19C225859D003EB609/$file/%CE%9F%20%CE%A0%CE%95%CE%A1%CE%99%20%CE%94%CE%9F%CE%9C%CE%99%CE%9A%CE%A9%CE%9D%20%CE%A0%CE%A1%CE%9F%CE%AA%CE%9F%CE%9D%CE%A4%CE%A9%CE%9D%20%CE%9D%CE%9F%CE%9C%CE%9F%CE%A3%20%CE%A4%CE%9F%CE%A5%202013%20(%CE%9A.%CE%94.%CE%A0.%20351-2014).pdf

5. Assistance Services

Below are a number of related links to information on construction products, the European Commission website, the European Organisation for Technical Assessment (EOTA) and the Cyprus Organisation for Standardisation.

Link to related links:

http://www.moi.gov.cy/moi/moiup/moi.nsf/All/91F424DCEE80421AC225859E003DD06E?OpenDocument

Πίσω στην προηγούμενη σελίδα