Analysis and Formal and Substantive Evaluation of the Proposal of the European Regulation Authorizing the Marketing of Construction Products in the Harmonized Area

Abstract

Aim: The aim of the article is to discuss issues related to the functioning of the current Regulation of the European Parliament and of the Council (EU) No. 305/2011 establishing harmonized conditions for the marketing of construction products and the problems identified in this regard, as well as to discuss the assumptions of the proposal of the European regulation for construction products in the harmonized area. This article analyses and indicates the links of the proposal in question to the “European Green Deal” manifested in its inclusion of the assessment and communication of information on the environmental performance of construction products and the promotion of the circulation of construction products. Introduction: The area of conformity assessment of construction products in the EU is currently regulated by the Regulation 305/2011. Its main objective was to improve the functioning of the single market and improve the free movement of construction products in the EU by establishing harmonized conditions for their marketing. In practice, this meant allowing construction products to be legally marketed in one member state. However, the European Commission, after its analysis, identified some shortcomings in its implementation, which required further analysis and discussion. As a consequence, a draft of a new regulation establishing harmonized conditions for the marketing of construction products, amending Regulation (EU) 2019/1020 and repealing Regulation (EU) 305/2011 was developed to address a significant number of issues related to standardization, simplification for micro-enterprises, market surveillance and the enforcement of regulations. Methodology: The article uses theoretical research methods, including an analysis of the EC’s report on the ongoing analyses of Regulation 305/2011 and reports from entities directly involved in the opinion of the proposed regulation. The publication also includes the authors’ own formal and substantive interpretation of selected passages of the proposed regulation, which establishes harmonized conditions for the marketing of construction products. Conclusions: The proposal of the new regulation has both strengths and opportunities from the revision, as well as weaknesses and threats, or poses new challenges. Identifying the problems hindering the functioning of the single market for construction products, the EC pointed to two general goals of the CPR revision, i.e. to create a smoothly functioning single market for construction products and to contribute to the goals of green and digital transformation. The implementation of measures resulting from the entry into force of the new regulation will only show in practice whether the changes introduced have had the intended effect. Keywords: construction products, standardization, harmonized area, European Green Deal, sustainable environment, CPR