In a summary dated 14 November 2024 (updated on 18 December 2024), the German Institute for Structural Engineering (Deutsches Institut für Bautechnik – DIBt) presents the changes to the ‘Voluntary CE marking (EOTA route)’ by the EU Commission. DIBt website states as follows on this:

The European Commission has updated its website ‘Voluntary CE marking (EOTA route)’. This is the first time that it has commented on the significant changes that will result from the applicability of the amended Construction Products Regulation for the European Technical Assessment (ETA) procedure and the interested parties.

The European Parliament and the Council gave their final approval to the amendment of the Construction Products Regulation on 8 October and 5 November 2024 respectively. The revised regulation will now enter into force on 7 January 2025. The rules on the new ETA procedure will then apply one year later, on 8 January 2026.

The Commission’s interpretation provides clarity on the question of when EADs and ETAs must contain sustainability features. The Commission’s website states that this is intended for ‘new’ EADs, i.e. EADs that are created or revised in accordance with the amended Construction Products Regulation. In the ETAs based on this, the Global Warming Potential (GWP) must be stated when the ‘new’ EAD is published and, from 2029, other sustainability characteristics must be stated in stages. Of course, the ETA can voluntarily include earlier and/or more characteristics.

EADs that have already been published in the Official Journal of the EU are ‘grandfathered’. They may continue to be used regularly until 9 January 2031 (5 years after the amended Regulation becomes applicable). ETAs based on them may even be used until 9 January 2036 (10 years after the amended Regulation becomes applicable).

An exception applies if an EAD is replaced by a harmonised standard in accordance with the amended Construction Products Regulation. The following applies here: If the product and intended use fall within the scope of the standard (or a corresponding legal act of the Commission), the standard (or the legal act) must be used as the basis for CE labelling. However, technical documents drawn up under the ETA procedure, including the ETA itself, may still be used for verification purposes under certain conditions.

With regard to ETAGs, i.e. approval guidelines that were created under the Construction Products Directive, the European Commission has clarified that these may no longer be used for CE marking once the new regulation becomes applicable. DIBt had already informed its customers accordingly and recommended that affected ETAs be transferred to the successor EADs. Our technical teams will be happy to advise you on this.

ETAs based on non-notified EADs are treated as ETA applications under the amended Construction Products Regulation. This principle is already laid down in the draft regulation (Art. 95 para. 5) and is confirmed by the Commission in its publication.

The challenge for the construction industry and the TABs is now to quickly add the sustainability indicators to the EADs, as only then can the ‘new’ ETA be issued. To this end, an administrative procedure for supplementing the EADs must be developed in a timely manner. The European Commission promises lean processes and close coordination with the European Organisation of Technical Assessment Bodies, EOTA, which is technically responsible for the EADs and in which DIBt is heavily involved.

The initial aim of EOTA and the European Commission is now to publicise as many EADs as possible in the Official Journal in order to secure a broad base of assessment documents and keep them available. The technical work on this is ongoing. Ultimately, however, the decision on publication lies solely with the Commission.

You can read the entire summary on the DIBt website here (German only) or view the page on ‘Voluntary CE marking (EOTA route)’ on the EU Commission website directly here.

Source: https://www.dibt.de/de/aktuelles/meldungen/nachricht-detail/meldung/europaeische-kommission-aeussert-sich-zum-neuen-eta-verfahren (last accessed on 13th March 2025)