EU agrees new rules to make construction products greener

EU legislators reached a political agreement on Wednesday (13 December) to overhaul the bloc’s regulation of construction products, paving the way for greater standardisation and greener rules in the sector.

The construction industry is one of Europe’s biggest, employing 25 million people and contributing around 5.5% to the bloc’s GDP.

Yet, trade in the single market is hampered by a lack of harmonisation, with some 400 product standards still to be approved.

Unclogging this market – and devising greener standards for construction products – was at the heart of a revamp launched two years ago, which concluded on Wednesday evening with an agreement between the European Parliament and the Council of the EU representing the bloc’s 27 member states.

“This comprehensive set of new rules will make sure standards for construction products will be published faster so that manufacturers can put their innovative products on the European market as quickly as possible,” said Christian Doleschal, a Bavarian centre-right politician who was the lead speaker on the reform in the European Parliament.

His counterpart, Spain’s Minister of Industry Jordi Hereu, who led the negotiations on behalf of EU countries, said the agreement “will equip constructors to be key actors of the green and digital transitions.”

Outside observers are more sceptical. “The EU has delayed sustainable construction products by a decade, surrendering instead to the wish list of one of the most polluting sectors,” said Federica Pozzi of Ecos, a standard-focussed NGO.

The EEB’s, another environmental NGO, Laetitia Aumont slammed the agreement and urged the EU to “stop being naive, cease relying on industry self-regulation, and address the environmental hazards of construction.”

The political deal is now being translated into legal form before it is sent to the European Parliament and the Council for final approval.

Harmonisation process to conclude in 2039

At the centre of the reform are rules to harmonise the approval on the EU market of all kinds of products ranging from cement to bricks and glue, which currently require various permits. 

In theory, the construction product regulation addresses this by creating a standard. But complicated procedures and understaffed offices, as well as legal uncertainty following a landmark ruling by the EU’s top court in 2016, saw this process grind to a halt. 

In practice, there are multiple tracks for getting a permit to market a construction product in Europe, and many operators favour speed over price. Such is the case for the European Organisation for Technical Assessment (EOTA), a procedure initially set to be abolished but reintroduced by Parliament. 

For outside players – like would-be exporters of climate-friendly cement to Europe – this route represents the main avenue for accessing the EU market.

That process will continue but complemented by a fallback option where the European Commission “can adopt harmonised technical specifications on its own, via implementing acts,” the Council explains.

Whether these changes are sufficient to tackle the “paralysis” in standards creation remains to be seen. 

The current rules, including existing standards, will remain in force until 2039 – a 15-year grace period following the new law’s entry into force in 2024. 

Meanwhile, an expert group appointed by EU countries is working within the European Commission to update current standards for construction products, the so-called legal “acquis” in EU jargon. 

EU countries were asked to put together comprehensive data booklets on the construction products that are most commonly traded within the EU, starting with precast concrete and metals, followed by things like doors, windows and cement.

But the process is complex even for industry experts. “The specifications of the acquis process are currently still difficult to grasp, even for many participants,” said an institute involved in the talks when the group was first established.

Despite the difficulties, participants are optimistic, saying this process should ultimately make product standards compliant with the new EU rules.

Green public procurement

Another crucial aspect of the political agreement reached on Wednesday relates to “green” public procurement, where public authorities tie government contracts to sustainability criteria.

First, the Commission will develop sustainability requirements that EU countries must apply. But the standards will de facto be optional as sustainability rules can be waived when prices are 10% higher than established competing products.

Circularity of construction products is largely left out of the new rules, except when the Commission is asked to “at least reflect” EU climate and circular economy goals when assessing standards.

Lobbying process comes to an end

Doleschal, the Parliament’s lead negotiator, registered 47 encounters with the wider construction industry as well as key stakeholders, like the German standard body DIN. He does not declare his assistant’s meetings, which is optional.

The Bavarian lawmaker dedicated his entire term to construction product rules, and his social media channels are plastered with images of his industry visits.

“It’s now a fixed date in my diary in December: the Construction Working Group of the Federation of the German Construction Industry,” he said last week. The trip before that saw him visiting a brickmacker in his home state.

Documents reviewed by Euractiv in April show his close working relationship with the German construction industry, as well as one German law firm linked to the sector.

Interacting with industry is part of the job on technical laws like the construction product rules, and plays to the strengths of EU lawmaking.

Yet, typical safeguards were absent during the law’s adoption. Few watchful NGOs followed the process. His fellow lawmakers from other groups declined to comment on the law’s revision.

Doleschal is running for re-election in 2024 and is all but guaranteed to make the cut as the EU face of Bavaria’s youth centre-right CSU. He declined to be interviewed by Euractiv.

[Edited by Frédéric Simon/Alice Taylor]

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