WRITTEN QUESTION E-3655/01

by Toine Manders (ELDR) to the Commission

(15 January 2002)

Subject: Testing standards conformity in the case of construction materials

In the Netherlands and Germany, construction materials undergo product approval testing at a test institute on the basis of European standard EN-45011. Various technical aspects are tested and eventually described in a KOMO attestation, which provides an assurance as to the soundness of the product concerned. Conformity arrangements exist within the European Community as regards the approval testing of construction materials. This means that each country must accept aspects that have already been approved and may at most add a number of requirements specific to its own situation.

In practice, however, paving brick manufacturers are encountering problems with a number of municipalities in Belgium, as the KOMO certificate is not recognised there. The Belgian municipalities are demanding that products obtain the Benor mark, in accordance with type specification 250 of the Flemish Community, before they can be placed on the market. These conditions imposed by the Belgian authorities cost both time and money. The procedure for obtaining the Benor mark has to be completed in its entirety, despite the fact that an approval test mark already exists for the product in question in accordance with European rules, which means that the tested and approved aspects are not being accepted.

1. Is the Commission aware of the differences which clearly exist on Europe's internal market as regards the recognition of approval test marks?

2. Is it of the opinion that a rule of European law has been infringed in this case?

Answer given by Mr Bolkestein on behalf of the Commission

(18 February 2002)

The Commission had already received complaints about the compulsory or quasi-compulsory use of the BENOR mark for certain types of construction products marketed in Belgium. Following discussions with the Commission, the Belgian authorities have undertaken to amend their rules so that the principle of mutual recognition can play its proper role.

Nonetheless, the Commission is closely examining how free movement may potentially be hampered by national conformity marks granted by private or semi-public bodies, which attest that a product conforms with the (voluntary) standards or the compulsory technical rules that economic operators choose to comply with, on the basis of tests and certification carried out by the body in question. Compulsory conformity marks constitute an obstacle to the free movement of construction products insofar as they exclude from the national market products from other Member States which comply with technical specifications ensuring a level of protection which is equivalent to that sought by the Member State of destination.

It should be stressed that the Commission has asked the European Committee for Standardisation (CEN) to compile a draft harmonised standard which will cover paving bricks. The adoption of this standard is scheduled for the beginning of 2003. As of the entry into force of this harmonised European standard under 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), national regulations will not be able to demand of a paving brick which conforms with the harmonised standard that it also bear the national conformity mark. The EC conformity mark, which covers all the necessary procedures for assessing conformity, will then, for a paving brick of this type, be the only mark which proves conformity with the applicable regulations, and this will apply for all Member States.

(1) OJ L 40, 11.2.1989.