On July 1, the Construction Products Regulation (CPR) came into force throughout the European Economic Area (EEA), superseding the Construction Products Directive (CPD) and making CE marking compulsory in the UK for many construction products, including timber products.

The CE mark provides evidence that a construction product meets the requirements of the CPR. The new regulations reflect the general trend within the timber and wider construction sectors to demonstrate an increasing level of proof that what is being manufactured or sold is fit for purpose and that it meets certain requirements for consistent quality and sustainability.

The CPR covers all timber products placed on the market within the European Union which fall under the scope of a harmonised technical specification – such as a harmonised European standard (hEN) – or a European Technical Assessment (ETA). For these products, manufacturers are required to apply a CE mark and issue a Declaration of Performance (DoP), even those manufactured outside of the EU.

Unlike the CPD, the CPR takes more of a chain of custody approach, which means that, for the first time, importers and distributors have almost as much responsibility for ensuring products comply as manufacturers. CE marking places legal obligations for compliance on agents, importers and distributors of timber products, since anyone trading in a product must know its intended end use, or at least the possible end uses of a product, and pass on product performance information through the supply chain.

For example, whereas previously a merchant could simply sell ‘plywood’, for CE marking the seller will now need to declare whether the plywood is intended or suitable for structural or non-structural, internal, humid or dry conditions, or has improved fire, thermal or acoustic properties.

The intended end use of a product often has significant impact on the route to compliance. This is because each harmonised technical specification sets an ‘Assessment and Verification of Constancy of Performance’ (AVCP) level, which, in turn, sets out the procedure that must be followed for CE marking. In simple terms the AVCP level dictates who does what to allow CE marking.

There are five levels of AVCP, ranging from Level 1+ (the most stringent, with major thirdparty product certification required through a Notified Body, such as BM TRADA) to Level 4, which requires only the manufacturer’s involvement. The table below is effectively a measure of hazard; highly safety critical products are generally allocated an AVCP of 1+ or 1, while non-safety critical products will be level 4. The table defines the conformity tasks and who takes responsibility.

Declaration of Performance

In addition, the manufacturer, importer or distributor, ie the person placing the product on the European construction market, must be able to supply a Declaration of Performance (DoP) and, where appropriate, a Certificate of Conformity for the Factory Production Control (FPC) issued by a Notified Body.

Once the requirements are met, then certification may be required and the manufacturer or distributor can apply the CE mark and make a legal declaration of performance.

Whereas, in all honesty, the CPD wasn’t taken that seriously in the UK, the CPR has the capacity for enforcement action and clarifies the actions to be taken by the ‘enforcing authority’ (EA), which for the UK is the Trading Standards Institute. In cases of non-compliance, the EA will take steps to prohibit, restrict or withdraw the product in the market. Penalties can also include a fine or even a prison sentence in cases of persistent non or false declaration.

The CE marking process, then, places greater responsibility for compliance on everyone in the supply chain. The manufacturer, agents, importers and distributors of timber products all share responsibility and each must understand what is required, since it is now illegal to knowingly trade in products that require a CE mark if they do not comply.

Paul Philbin, quality/environmental manager at B&K Structures Ltd – a major supplier of timber/steel hybrid structures, glulam, cross-laminated timber, timber roof and wall cassettes – said that compliance with CPR "wasn’t a problem".

"The CPR has had no real impact on our timber suppliers as all of them are already compliant in their particular sector – ie EN 14080," he said.

"We sent out questionnaires to our approved suppliers asking them what their status was with the categories: ‘compliant’, ‘working towards’, ‘looking into it’ and ‘never heard of it’. Those who chose the last option were removed from our list.

"We then followed it up by discussing what would be required and offering any advice and contact details for help with their responsibilities.

"B&K Structures doesn’t manufacture, therefore we only have to ensure that the products we supply are compliant," Mr Philbin continued. "We’ve simply changed our purchase orders and pre-let meeting forms to incorporate the new specification and execution class."

EU Timber Regulation

Another piece of legislation for the timber industry to take on board this year is the EU Timber Regulation (EUTR) which came into force in March, making it illegal to place illegally harvested timber and wood products on the EU market.

For the first time, companies that place timber products on the EU market are required to adopt practices to assess the risk that they may have come from an illegal source, and apply a due diligence system (DDS) to reduce or eliminate those identified risks. The risk assessment has to be undertaken even if the product being handled is already certified – by FSC or PEFC, for example.

The EUTR distinguishes two categories within the supply chain: "operators" and "traders". The activities undertaken by the company will determine its categorisation, and obligations, and it is therefore possible for an organisation to be categorised as both an operator and a trader depending on the nature of its activities.

Operators are the "first placers" of timber or derived products on the EU market, and this covers companies that either buy timber or timber products directly from a supplier outside the EU, or are producing timber within the EU.

Operators are obligated under EUTR to work with a due diligence system to minimise the risk of putting illegal timber or derived products on the market. The DDS consists of three elements: information; risk assessment; and risk mitigation.

Under the regulations, operators must keep details of the supplier, the product species, the country of harvest (and, where applicable, concession of harvest), the volume bought, and have evidence of compliance with applicable legislation. The system also requires a company to record their risk assessment on the product, based on the evidence collected.

If the company is buying a product that is already in the EU and on which due diligence has taken place then they are categorised as traders. The primary responsibility of the trader is to provide commercial traceability, and companies that fall under this category are obliged to keep records identifying who or where they bought the product from and, if applicable, whom they then sold it to.

Whilst it is likely that large companies will already have systems in place that will fulfil the requirements of a due diligence system and that can be scrutinised by the Competent Authority – which in the UK is the National Measurement Office (NMO) – it is recognised that SMEs may not have such systems. Under the EUTR, operators not able, or wishing, to develop their own DDS are allowed to use the services of a monitoring organisation (MO) to meet the requirements.

As the Competent Authority in the UK, the NMO carries out checks on operators to ensure they are complying with the EUTR. The checks may include examination of the due diligence system as well as examination of documentation and records showing how it functions. In addition, spot checks and site audits will be undertaken.

Penalties for not complying with the law may include fines, seizure of timber and immediate suspension of authorisation to trade.

"The EUTR was different in that there is no standard as such that we use in the CPR," said B&K Structures’ Paul Philbin.

"Luckily for us all our timber is purchased from within the EU so it’s our suppliers’ duty to ensure EUTR compliance.

"We do complete due diligence checks and ensure that the species is noted on the delivery notes and invoice though and have a company policy that only PEFC or FSC timber is purchased."

Chain of custody schemes

Although they don’t satisfy EUTR requirements on their own, recognised voluntary chain of custody (CoC) certification schemes such as FSC or PEFC can be taken into account in the application of the due diligence system.

In May this year, the 2013 PEFC CoC standard was published, following 18 months of intensive multi-stakeholder deliberations. As a result, PEFC is the first global forest certification system to align its CoC standard with EUTR requirements, and the standard now gives timber companies a "straightforward, tried-and-tested" mechanism to demonstrate compliance with EUTR requirements.

However, although the use of CoC certification schemes is valuable to operators in the risk assessment procedure – with it being likely that timber/timber-based products from certified sources will be low risk – caution should be exercised to make sure that the timber/timber-based product is subject to, and therefore covered by, that CoC certification. Mr Philbin said that B&K Structures made a point of keeping fully informed of forthcoming timber regulations.

"We generally start by picking up communications from BM TRADA, FSC, PEFC and so on," he said. "I attended a BM TRADA workshop last year in Bury which was very good and I must say that PEFC has been very proactive by sending out literature and putting on webinars.

"It’s vitally important to be ahead of changing regulations, not only to ensure legal compliance but ultimately to ensure a sustainable business. No-one can afford to get left behind."