CELEX: 
Language: en
Date: 2017-05-15
Title: COMMISSION DELEGATED REGULATION (EU) …/... on the conditions for classification, without testing, of cross laminated timber products covered by the harmonised standard EN 16351 and laminated veneer lumber products covered by the harmonised standard EN 14374 with regard to their reaction to fire

EXPLANATORY MEMORANDUM
            
            
               1.CONTEXT OF THE DELEGATED ACT
            
            
               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
                  1
                empowers the Commission to adopt delegated acts to establish classes of performance in relation to the essential characteristics of construction products. The Regulation also provides that the manufacturers of construction products should not be subjected to unnecessary administrative burdens or costs.
            
            
               When the performance of certain construction products has already been sufficiently demonstrated by stable test results or other existing data, their manufacturers should be permitted, under conditions to be specified, to declare a certain class of performance without testing or further testing these products, as foreseen in Article 27(5) and Article 36(1)(a) of Regulation (EU) No 305/2011. This simplified procedure further reduces administrative burdens and costs for manufacturers.
            
            
               During the consultation of experts nominated by Member States, based on extensive evidence on testing results by industry, it has been demonstrated that cross laminated timber products covered by the harmonised standard EN 16351 and laminated veneer lumber products covered by the harmonised standard EN 14374 have proven to have a stable and predictable performance concerning reaction to fire, when they meet certain conditions. For this reason, the reaction to fire performance of these products can be deemed, without the need for any further testing, to achieve certain classes of performance where those conditions are fulfilled.
            
            
               This draft Regulation sets out the conditions under which these simplified procedures for determining the performance in relation to reaction to fire of cross laminated timber products covered by the harmonised standard EN 16351 and laminated veneer lumber products covered by the harmonised standard EN 14374 can be applied.
            
            
               2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT
            
            
               The draft Regulation was discussed in the meeting of the Advisory Group on Construction Products
                  2
                (the AG) on 9 December 2016. It was also submitted for a written consultation of the experts between 25 November 2016 and 16 January 2017. Before these steps, all Member States were presented an opportunity to nominate experts to participate. In addition to these experts, also other external stakeholders were consulted. The documents discussed in the AG and relevant to the written consultation were transmitted simultaneously to the European Parliament and to the Council, as foreseen in the Common Understanding on delegated acts. The observations presented in these contexts were taken into account when preparing the final draft version of this act for the inter-service consultation.
            
            
               It was published for public feedback on the Better Regulation Portal from … to … 2017; [wording on feedback and any follow-up to be included subsequently].
            
            
               3.LEGAL ELEMENTS OF THE DELEGATED ACT
            
            
               Pursuant to Article 27 of Regulation (EU) No 305/2011, classes of performance may be established in relation to the essential characteristics of construction products. According to Article 27(1), this can be done by delegated acts of the Commission, whereas Article 27(2) allows for the use of harmonised standards for this purpose.
            
            
               Moreover, in accordance with Article 27(5), the Commission may establish conditions under which a construction product shall be deemed to achieve a certain class of performance without testing or without further testing, in order to avoid the unnecessary testing of construction products for which performance has already been sufficiently demonstrated by stable test results or other existing data.
            
            
               These conditions are then to be fulfilled when a manufacturer wishes to replace type-testing of his product by these levels or classes of performance, as set out in Article 36(1)(a) of Regulation (EU) No 305/2011.
            
            
               The European classification system established by Commission Delegated Regulation (EU) 2016/364
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               , regarding the reaction to fire of construction products, in particular Table 1 and Table 2 of its Annex, is applicable to cross laminated timber products covered by the harmonised standard EN 16351 and laminated veneer lumber products covered by the harmonised standard EN 14374.
            
            
               According to the expert group consultations carried out, the reaction to fire performance of cross laminated timber products covered by the harmonised standard EN 16351 and laminated veneer lumber products covered by the harmonised standard EN 14374, within the classification provided for in Delegated Regulation (EU) 2016/364, is well established. For this reason, the reaction to fire performance of these products can be deemed, without the need for any further testing, to achieve a certain class of performance, as defined in the European classification system mentioned above.
            
            
               The draft Regulation conforms to the principle of proportionality, since adopting a delegated act is the most efficient way to achieve the desired outcome, the alleviation of administrative burdens, while continuing to guarantee legal certainty. It results in alleviating administrative obligations for market actors otherwise to be complied with under Regulation (EU) No 305/2011, concerning the testing of products under its scope.
            
            
               COMMISSION DELEGATED REGULATION (EU) …/...
            
            
               of XXX
            
            
               on the conditions for classification, without testing, of cross laminated timber products covered by the harmonised standard EN 16351 and laminated veneer lumber products covered by the harmonised standard EN 14374 with regard to their reaction to fire
            
         
         
            
               (Text with EEA relevance)
            
            
               THE EUROPEAN COMMISSION,
            
            
               Having regard to the Treaty on the Functioning of the European Union,
            
            
               Having regard to 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
                  4
               , and in particular Article 27(5) thereof,
            
            
               Whereas:
            
            
               (1)A system for classifying the performance of construction products with regard to their reaction to fire was adopted by Commission Delegated Regulation (EU) 2016/364
                  5
               . Cross laminated timber products and laminated veneer lumber products are construction products to which that Delegated Regulation applies.
            
            
               (2)Tests have shown that cross laminated timber products covered by the harmonised standard EN 16351 and laminated veneer lumber products covered by the harmonised standard EN 14374 have a stable and predictable performance concerning their reaction to fire provided that they fulfil certain conditions regarding the form of the product as well as its installation, mean density and thickness.
            
            
               (3)Cross laminated timber products covered by the harmonised standard EN 16351 and laminated veneer lumber products covered by the harmonised standard EN 14374 should therefore be deemed to satisfy a certain class of performance for reaction to fire established by Delegated Regulation (EU) 2016/364 without testing being required, where they fulfil those conditions,
            
            
               HAS ADOPTED THIS REGULATION:
            
            
               Article 1
            
            
               Cross laminated timber products covered by the harmonised standard EN 16351 and laminated veneer lumber products covered by the harmonised standard EN 14374 which fulfil the conditions set out in the Annex shall be deemed to satisfy the classes of performance indicated in the Annex without testing.
            
            
               Article 2
            
            
               This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
            
            
               This Regulation shall be binding in its entirety and directly applicable in all Member States.
            
            
               Done at Brussels,
            
            
               
                     For the Commission
               
               
                     The President
                     Jean-Claude Juncker
               
            
         
         
            
                  
                     (1)
                  OJ L 88, 4.4.2011, p. 5.
               
               
                  
                     (2)
                  Code E01329 in the Register of Commission Expert Groups and other Similar Entities
               
               
                  
                     (3)
                  OJ L 68, 15.3.2016, p. 4.
               
               
                  
                     (4)
                  OJ L 88, 4.4.2011, p. 5. 
               
               
                  
                     (5)
                  Commission Delegated Regulation (EU) 2016/364 of 1 July 2015 on the classification of the reaction to fire performance of construction products pursuant to Regulation (EU) No 305/2011 of the European Parliament and of the Council (OJ L 68, 15.3.2016, p. 4).
               
            
      
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               ANNEX
            
            
            
               TABLE 1
               CLASSES OF REACTION TO FIRE PERFORMANCE FOR CROSS LAMINATED TIMBER PRODUCTS
               AND LAMINATED VENEER LUMBER PRODUCTS
               FOR WALLS AND CEILINGS
            
            
            
                     
                        Product
                           1
                        
                     
                  
                  
                     
                        Product detail
                     
                  
                  
                     
                        Minimum mean density
                           2
                         (kg/m3)
                     
                  
                  
                     
                        Minimum overall thickness (mm)
                     
                  
                  
                     
                        Class
                           3
                        
                     
                     
                  
               
                     
                        Cross laminated timber products covered by the harmonised standard EN 16351
                     
                  
                  
                     
                        Minimum layer thickness of 18 mm
                     
                  
                  
                     
                        350
                     
                  
                  
                     
                        54
                     
                  
                  
                     
                        D-s2, d0
                           4
                        
                     
                  
               
                     
                        Laminated veneer lumber products covered by the harmonised standard EN 14374
                     
                  
                  
                     
                        Minimum veneer thickness of 3 mm
                     
                  
                  
                     
                        400
                     
                  
                  
                     
                        18
                     
                  
                  
                     
                        D-s2, d0
                           5
                        
                     
                  
               
               TABLE 2
               CLASSES OF REACTION TO FIRE PERFORMANCE
               FOR CROSS LAMINATED TIMBER PRODUCTS
               AND LAMINATED VENEER LUMBER PRODUCTS FOR FLOORINGS
            
            
            
                     
                        Product
                           6
                        
                     
                  
                  
                     
                        Product detail
                     
                  
                  
                     
                        Minimum mean density
                           7
                         (kg/m3)
                     
                  
                  
                     
                        Minimum overall thickness (mm)
                     
                  
                  
                     
                        Class for floorings
                           8
                        
                     
                     
                  
               
                     
                        Cross laminated timber products covered by the harmonised standard EN 16351
                     
                  
                  
                     
                        minimum layer thickness of 18 mm and with the surface layer made of pine
                     
                  
                  
                     
                        430
                     
                  
                  
                     
                        54
                     
                  
                  
                     
                        DFL-s1
                           9
                        
                     
                  
               
                     
                        Cross laminated timber products covered by the harmonised standard EN 16351
                     
                  
                  
                     
                        minimum layer thickness of 18 mm and with the surface layer made of spruce
                     
                  
                  
                     
                        400
                     
                  
                  
                     
                        54
                     
                  
                  
                     
                        DFL-s1
                           10
                        
                     
                  
               
                     
                        Laminated veneer lumber products covered by the harmonised standard EN 14374
                     
                  
                  
                     
                        with a minimum veneer thickness of 3 mm and with the surface layer made of pine
                     
                  
                  
                     
                        480
                     
                  
                  
                     
                        15
                     
                  
                  
                     
                        DFL-s1
                           11
                        
                     
                  
               
                     
                        Laminated veneer lumber products covered by the harmonised standard EN 14374
                     
                  
                  
                     
                        with a minimum veneer thickness of 3 mm and with the surface layer made of pine
                     
                  
                  
                     
                        430
                     
                  
                  
                     
                        20
                     
                  
                  
                     
                        DFL-s1
                           12
                        
                     
                  
               
                     
                        Laminated veneer lumber products covered by the harmonised standard EN 14374
                     
                  
                  
                     
                        with a minimum veneer thickness of 3 mm and with the surface layer made of spruce
                     
                  
                  
                     
                        400
                     
                  
                  
                     
                        15
                     
                  
                  
                     
                        DFL-s1
                           13
                        
                     
                  
               
         
         
            
                  
                     (1)
                  Applies to all species and glues covered by the product standards.
               
               
                  
                     (2)
                  Conditioned in accordance with standard EN 13238.
               
               
                  
                     (3)
                  Class as set out in Table 1 of the Annex to Delegated Regulation (EU) 2016/364.
               
               
                  
                     (4)
                  Class valid for any substrate or air gap behind.
               
               
                  
                     (5)
                  Class valid for any substrate or air gap behind.
               
               
                  
                     (6)
                  Applies also to steps of stairs.
               
               
                  
                     (7)
                  Conditioned in accordance with standard EN 13238.
               
               
                  
                     (8)
                  Class as set out in Table 2 of the Annex to Delegated Regulation (EU) 2016/364.
               
               
                  
                     (9)
                  Class valid for any substrate or air gap behind.
               
               
                  
                     (10)
                  Class valid for any substrate or air gap behind.
               
               
                  
                     (11)
                  Class valid for any substrate or air gap behind.
               
               
                  
                     (12)
                  Class valid for any substrate or air gap behind.
               
               
                  
                     (13)
                  Class valid for any substrate or air gap behind.