WRITTEN QUESTION E-0437/03

by Erik Meijer (GUE/NGL) to the Commission

(18 February 2003)

Subject: Concrete, glass or plastic panels on the exterior of new high-rise offices and flats working loose and falling off

1. Is the Commission aware that many of the new office buildings and blocks of flats built over the past few years have exterior cladding made of concrete, glass or plastic panels that are screwed or clipped on to metal strips and that this supporting structure may give way as a result of wear or in a storm causing the panels to crash to the ground without warning?

2. Is it possible to eliminate completely the risks of using panels of this kind by any construction technique or related building regulations issued by the authorities responsible, given that they may cause fatal injury and result in the area around a building being closed off for safety reasons for a long period?

3. Is it the case that cladding panels work loose and fall off relatively more frequently in some Member States of the EU than in others? In which Member States does this pose the greatest problem and where does it occur least often? Can this be explained by differences in sunshine, temperature, rainfall and acid rain, or is it due to differences in legislation and insurance?

4. Do any EU Member States already apply rules requiring owners to pay damages, or policies to prevent the construction of new buildings with exterior cladding, or to phase-out existing cladding panels?

5. Does the Commission believe there are grounds for promoting a structured exchange of expertise between EU Member States to prevent accidents involving panels as far as possible in the future?

6. Does the Commission believe it is necessary to introduce minimum safety standards for buildings at EU level in order to prevent accidents involving cladding panels? Are there grounds for an import ban on building components of this kind from outside the Union?

7. What else is the Commission doing to promote the safety of buildings and their environment in the Union as far as the working loose of heavy components is concerned?

Answer given by Mr Liikanen on behalf of the Commission

(18 March 2003)

The Commission shares the Honourable Member's concerns for the safety of European citizens as regards the safety of buildings and civil engineering works.

This was its objective in implementing Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products(1), based on the six essential requirements which provide for aspects such as structural safety, safety in use and the environmental impact of the materials, products and assemblies which are intended to be incorporated permanently into building works.

The cladding panels mentioned fall within the scope of this Directive and, in this context, standardisation mandates have been drawn up to ensure that technical specifications (technical standards and approvals) for these products are available as quickly as possible. These specifications will enable the products to be assessed in relation to the essential requirements in the Directive, for the purpose of issuing the EC mark certifying that they can be placed on the market and are suitable for end use in the construction.

This Directive is the only legislative instrument available to the Commission to secure the free movement of construction products and to establish certain specifications ensuring that these same products comply with safety criteria at the building design stage. The choice of products, their use in the final construction and the responsibility for this choice do, however, remain the prerogative of the designers and prime contractors who also have to comply with any specific safety requirements which the Member States may have drawn up in the field of construction.

The national authorities do, in fact, ensure that the whole process encompassing the design, construction and use of the end product is conducted in accordance with standard practice and they determine the responsibilities of each party involved in this process. With regard to imports of these products, there is no reason to ban them provided that they comply with the same safety requirements imposed on products of European origin. They should bear the EC mark as soon as the harmonised technical specifications become available.

These explanations are given in answer to questions 1, 2, 6 and 7. With regard to questions 3, 4 and 5, it is the responsibility of the Member States to deal with any problems relating to construction defects. At present, there is no exchange of information in this field and the Commission does not therefore have any information on which to base a reply.

(1) OJ L 40, 11.2.1989.