Report on developments in CEN/TC 351 ”Construction products: Assessment of release of dangerous substances” Dr. Csilla CSIHA CEN/TC 351 Chairman: Mr. Jerone Bartels Structure: -2 working groups: - WG1: Release from construction products into soil, ground water and surface water - WG2: Emission from construction products into indoor air -5 task groups established: - TG1: Barriers to trade - TG2: Horizontal test methods - TG3: Without testing / Without further testing - TG4: Complement to sampling - TG5: Content -2 further task groups under development: - TG6: Radiation (probable start in 2010) - TG7: Statistical issues (funding still uncertain) State of progress: TG1: Barriers to trade: any difficulties of a producer exporting his construction product to another MS because of differences in regulation are regarded as barriers to trade. CEN was asked in Mandate M/366 to describe if and how these barriers to trade can be resolved or prevented by the set of standards included in the work program. - WI 00351002 was published in March as TR 15855 - Tr is going to be used by the Commission to discuss with the MS regulators their requirements to avoid harmful effects NORMAPME: no comment on merit was necessary -A second document will be also produced on Barriers to use according to the wishes of the EC (in progress). Manufacturers claimed that are cases when products were manufactured being in accordance with harmonized CEN specifications, or in some cases with European Standards, but to use the product in a certain country or in a certain region additional tests or certification hurdles had to be overcome. NORMAPME: will support the work by looking for possibilities to eliminate barriers of use TG2: Horizontal test methods: - WI 00351003 not yet published, submission will be done in February 2010 NORMAPME: comments were sent for two times. Success: our suggestion that multiple composed products to be considered by their constituents was taken in consideration and a chapter (188.8.131.52) on it included in the last version Open question: - in the concerned „relevant products list” PAINTS were not inclued although are in exclusivity responsible in most cases for the ulterior emission from coated products - the answer was given that are not yet mandated - discussion fallows on plenary meeting -TG3: Without testing / Without further testing WI 00351001 was published as TR 15858 in March 2009 Where there is a dossier of information that has been accepted by the Commission showing the release/emission of all or some of the mandated RDSs remains under relevant regulatory levels, these classes can be assigned by the manufacturer without testing (WT). The conditions for applying this procedure will be specified in the product standard. All the other mandated RDSs are subjected to an initial type testing (ITT) as specified in the relevant product standard. Based on the results of the ITT, the release/emission is then either assessed „Without Further Testing‟ (WFT) or as requiring „Further Testing‟ (FT). The WFT procedure is for the situation where the ITT shows that the release/emission from the product is significantly lower than the RDS class limit and, where this is not the case, the FT procedure is required to show conformity to the RDS class. Revision / Amendment of TR 15858 is in progress in EC/EGDS AHG. Amendment of TR 15858 (in progress): EGDS: DS 129 the first document with clear recommendations on how testing can be reduced: - „Commission decision approach”: applicants (MS, TC, EOTA, Federation etc.) provide their WT dossier (in an application letter addressed to the Commission) to the Commission which with expert support decides if the product fulfills all EU and MS regulations related to release/emission of RDS - Commission Decision is prepared and voted in Standing Committee on Construction „Standardization approach”: Applicants have to identify within their dossier those regulated dangerous substances for which release/emission is below some or all of the limit values set by EU and notified MS relevant regulatory requirements. These substances can then be allocated to appropriate technical classes without testing (WT) the product. This dossier will be delivered by the applicant and initially discussed within the relevant product TC(s). Then in dialogue with the Commission (and MS experts providing support for the Commission): the substances for which no testing seems to be needed (WT) will be assessed for approval, and: substances will be identified which need at least initial testing under defined conditions (WFT -“Without Further Testing”), and; substances will be identified which in general require routine testing (FT- 'Further testing'). NORMAPME: Success: our comments that there are products which can be considered based on historical evidence non emitting, and that the Commission should take on the responsibility for protecting useless testing of them were considered. „Sharing type testing” and „cascading type testing” to be introduced in DS 129 is in progress, comments were added in November 2009 at EGDS meeting and written recommendation sent on it. Discussion fallows on next meeting: 20 January 2010. Sharing type-testing / Sharing type-calculation: meaning that the manufacturer will be able to benefit from the test results carried out (or calculations performed) by a third party Cascading type-testing / Cascading type-calculation: meaning that the manufacturer who assembles kits or systems can use the results of the tests carried out by the provider of components to such kits or systems -TG4: Complement to sampling: first draft circulated for comments until 2010.02.09 Sampling and sampling plans for harmonized test specifications NORMAPME: evaluation is in progress, the document contains the description of the statistical sampling procedure, which was already commented being extremely complicated. -TG5: Content: Determination of content – Selection of analytical methods - WI 00351007 was sent for TC approval procedure, will be TR 16045. The technical report describes appropriate standard test methods for the determination of the content of regulated dangerous substances in construction products. The Commission provided a list (N 0054) of products for which in principle content measurements may be needed. NORMAPME: we objected against the principle this document to be produced in the form as it is. The justifications are very confuse. -Although at the beginning the document (N226) clearly states that the „focus of the CPD is on he release of dangerous substances, not on content” later on content testing is justified as „may be useful as a complementary quick screening method for in-house quality control of product emissions. -another week justification is given: “content testing may be applied (…) if emissions testing is prohibitively expensive”. Contrary to this promise the methods suggested for content testing in most cases are the same expensive (or even more expensive) as the test methods of emission testing - As last justification to do tests on content it is added that “content testing may be applied (…) in the case of banned substances such as certain metals and asbestos”. Our biggest concern: . It is not justified at all, that once a substance is contained it will be emitted or leached out, or in which measure. Summary: Still there are no TC 351 WI approved for CEN enquiry/formal vote. There were more than 275 TC + 50 EGDS documents reviewed in 1,5 year and 10 amendments/comments/recommendations formulated There were successes and there are still problems to find a consensus on. Thank you for your attention!