Under the Construction Products Regulation 2011 (CPR), it has become mandatory for manufacturers to apply CE marking to any of their products which are covered by a harmonised European standard (hEN) or European Technical Assessment (ETA). The CPR in the case of windows and external doorsets covers important obligations in terms of quality management, thermal efficiency, the load bearing capacity of safety devices and the declaration of any hazardous substances.
By placing the CE mark on a product, a manufacturer is declaring his responsibility for and conformity with all of the legal requirements to achieve CE marking. It:
– shows that the manufacturer has checked that these products meet EU safety, health or environmental requirements
– is an indicator of a product’s compliance with EU legislation
– allows the free movement of products within the European market
Where a product is covered by a harmonised standard and falls within the scope of Construction Products Regulations, it is a requirement, not an option to CE Mark that product.
What are the penalties for ignoring the regulation?
Trading standards have been enforcing the regulation and failure to comply could result in businesses having to take their products off the market. Prosecution could result in a fine of up to £5000 and even a custodial sentence. As CE Marking is common practice on a range of other product sectors, there is a precedent for enforcement with penalties such as those for incorrect use of the CE mark having been imposed on companies.
Yet we still hear anecdotal reports that members are losing sales to products that are not CE Marked.
What is BWF doing to prevent members being undercut by non-compliant manufacturers?
One of our responsibilities is to support best practice. Although CE Marking should be simple, compliance with essential regulations often comes with a cost and in order for competition to be fair there needs to be a level playing field which squeezes out the cowboys undercutting manufacturers of safe and compliant products.
It is crucial to reveal companies who are undermining core standards laid down in the Construction Products Regulations or the Building Regulations so that either appropriate support is offered or the relevant authorities are contacted to ensure that bad practice does not undermine wider perceptions of the UK Woodworking Sector.
If you feel that a competitor has unfairly undercut your quotation by offering non-compliant products and you believe that the home owner and the installer are not going to notify Building Control or Trading Standards then please let us know. BWF Non-conformance forms can be downloaded from our technical publications section.
We are also providing guidance to consumers and specifiers on what manufacturers need to provide and how they can avoid unscrupulous traders by choosing BWF members.
What more can I do?
One of the challenges is that Trading Standards resources are thinly spread and that there is not sufficient communication in the marketplace on using CE Marking on construction products. We would encourage all members to add a short statement on their website along the lines of:
"Our Windows are compliant with the Construction Products Regulations and carry the appropriate CE Mark – this is a legal requirement. If anyone attempts to supply windows without the appropriate information you should contact your local Trading Standards immediately."
I am not completely sure of my CE Marking obligations. Can BWF help?
With CE marking a legal requirement, we can provide technical advice to help ensure your products are meeting the regulations and clarify any confusion you may have. With manufacturers on the continent having been CE marking for years, it’s crucial that UK businesses don’t miss their cue and are able to meet their obligations in time and remain competitive. In order to comply with the regulation, we have drawn up 5 crucial steps that joinery manufacturers will need to take and will be providing further assistance on the CE Marking of internal doorsets and fire-rated doorsets.
Also do not forget that products that you purchase, such as ironmongery and glazing units may also need to be CE Marked. Your supplier should be able to advise you on this if you are unsure (and you can always check information with the BWF helpline).