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European Court Case after compliants of trade barriers

Germany has been referred to the European Court of Justice by the European Commission as a result of failing to respect the rules of the EU regarding the harmonisation of the trade of construction products. Manufacturers within EU member states have been faced with major setbacks in placing construction products on the German market as a result of German ‘Bauregellisten’ (Lists of Building Regulations).

A number of complaints have been lodged with the commission by manufacturers and importers who have met with difficulties when trying to sell their products on the German market. These issues have arisen due to the current additional marks and approvals that are required in Germany in order to meet national Building Regulations which are required before construction products can be allowed onto the market, irrespective of any CE mark that the product may have which would otherwise allow the product to be sold legally in all EU member states.

Within the provisions of the Construction Products Directive 89/106/EEC, member states may establish performance requirements for construction products, upon the condition that they do not restrict the free movement of CE marked products. This rule can also be found, with more clarity, in the recently adopted Construction Products Regulation 305/2011/EU and therefore the mandatory requirement for additional conformity or approval marks is believed to be in breach of European single market rules.

If you are in doubt as to how the new Construction Products Regulation (CPR) affects you and your business, the CE Marking Association are currently running regular CPR awareness seminars. If you would like to further details about these seminars, or would like to book your free place, please contact us on 01527 595066 or email info@cemarkingassociation.co.uk.


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