The implementation of the Construction Products Regulation (CPR), which comes into effect on July 1 2013, is the largest change to the public procurement environment for over 10 years, bringing with it the requirement for relevant construction products to carry a CE Mark.
As with most regulatory schemes the CPR is not clear cut and may cause some initial confusion and concern for both suppliers and clients.
One area for potential confusion is that of road marking materials which, contrary to the general requirements of the CPR, do not require a CE Mark.
Under the conditions of the Construction Products Regulation, manufacturers are compelled to attach a CE Mark only to products where a harmonised European Norm (hEN) exists for that product; as at 1st June 2013, and for the foreseeable future, no such hEN exists for road marking materials and, as a consequence, there is neither requirement for road marking materials to carry a CE Mark nor for clients to require a CE Mark on road marking materials.
In addition to the above structural position regarding road marking materials, the Department for Transport (DfT) has also issued an opinion on the status of road markings and CE Marking, indicating that road marking materials fall outside of the scope of CE Marking.
In a statement issued to the Road Safety Markings Association the DfT confirmed that:
“For permanent works, the Department maintains that road marking materials are not included within the definition of ‘Construction Product’ provided by the Construction Product Regulations. Our opinion is that non CE Marked products can continue to be specified after 1 July 2013 when these regulations come into force.”
Clients with concerns over the status of CE Marking and road marking materials can contact George Lee, Director of the RSMA, for further clarification or can review guidance on the Construction Product Regulation via http://www.bbacerts.co.uk
