Zum Inhalt Zum Hauptmenü Zu weiteren Infos


Product Contact Point FAQs

You can filter the FAQs with following fields:

  • Question:

    What is the definition of a construction product?

    Answer:

    ‘Construction product’ means any product or kit which is produced and placed on the market for incorporation in a permanent manner in construction works or parts thereof and the performance of which has an effect on the performance of the construction works with respect to the basic requirements for construction works;

    (EU-BauPVO, Art. 2, Nr.1)

  • Question:

    What is a ÜA marking and which construction products must obtain a ÜA marking?

    Answer:

    The Austrian Building Materials List ÖA lays down the proof of usability required in Austria for construction products that are not yet subject to the CE marking. It is issued as a regulation by the Austrian Institute of Construction Engineering (OIB).

    http://www.oib.or.at/de/baustofflisten/baustoffliste-%C3%B6-aktuell

    The fulfilment of these requirements is visually documented and thus recognizable for the user of the construction products by the marking “ÜA” which must be affixed to the products in a suitable manner. The ÜA marking consists of the graphic symbol “ÜA” and additional information. The additional information includes the short description of the registration number as well as the name of the body that issued the certificate of registration. The guidelines contained in the implementing provisions of the federal states regarding the design of the graphic symbol “ÜA” as well as the additional information are to be observed in affixing the marking.
    The basic information on the design of the ÜA marking can be found on the OIB website at:
    http://www.oib.or.at/de/kennzeichnung-und-zulassung-von-bauprodukten/baustofflisten/baustoffliste-%C3%B6/einbauzeichen

    The basic requirement for the affixing of the ÜA marking by the manufacturer is the submission of a certificate of registration. The registration authorities of the federal states have the authority to issue certificates of registration:
    http://www.oib.or.at/node/202277

  • Question:

    Which construction products must bear the CE marking?

    Answer:

    Construction products for which a harmonised European standard exists require a Europe-wide CE marking and declaration of performance (DoP = Declaration of Performance; to be provided in the German language in Austria). In addition, the construction products must meet the requirements of the Building Materials List ÖE.
    Some products which are not included in a harmonised European standard require a CE marking when a European Technical Assessment has been issued for them. Such an assessment is also recognized for construction products which would otherwise require an Austrian Structural Engineering Approval (BTZ) pursuant to the Building Materials List ÖA.
    European Technical Assessments can be obtained from any Technical Assessment Body such as the OIB, among others.
    A CE marking may be obtained voluntarily by means of an ETA for all construction products which are not covered by a harmonised European standard pursuant to Art. 19 of the European Construction Products Regulation (CPR).
    The currently valid list of harmonised European standards as well the two currently valid Building Material Lists can be found at www.oib.or.at.

    http://www.oib.or.at/de/baustofflisten

    http://www.oib.or.at/de/datenbanken/hen

  • Question:

    Who affixes the CE marking and who draws up the declaration of performance?

    Answer:

    The manufacturer. He is, inter alia, obliged to affix the CE marking on the construction product and to draw up the declaration of performance.
    Whoever is marketing a construction product under his own name or trademark, even without producing it himself, is regarded as manufacturer in accordance with Art. 15 of EU CPR.
    (EU CPR, Art. 2, No. 19)

  • Question:

    What are the obligations of a distributor?

    Answer:

    Pursuant to EU CPR, Art. 14, distributors have to make sure of the following in particular before making a construction product available on the market:

    • that the product carries the CE marking, if required,
    • that the documents required according to EU CPR, particularly the declaration of performance in German pursuant to Art. 7 para. 4, are enclosed with the product,
    • that the product carries a type, batch or serial number or other identifier for the identification of the construction product,
    • that the name, registered trade name or registered trademark of the manufacturer as well as his contact address are given on the product and, if necessary, on the packaging or the accompanying documents, and
    • that, if applicable, the name of the importer, his registered trade name or registered trademark as well as his contact address are given on the product and, if necessary, on the packaging or the accompanying documents.

    Where distributors consider or have reason to believe that the construction product does not meet the declaration of performance or other applicable requirements according to the EU CPR, they shall only make the product available on the market once it complies with the applicable requirements.
    If the declaration of performance is missing or flawed, the construction product does not meet the applicable requirements under the EU CPR. The distributor must not make such a construction product available on the market since he has to provide his customers with a correct declaration of performance.

    If a construction product presents a risk, the distributors shall immediately inform the authorities responsible for the national market surveillance.
    Whether or not a risk is connected with a construction product always requires an individual examination. Since it is often not possible for the distributor to assess the connected risk conclusively, the distributors are advised to notify the competent market surveillance authority of any discrepancies that have been noticed.

  • Question:

    Can a distributor draw up a declaration of performance?

    Answer:

    In certain cases, yes. If a distributor:

    • brings a construction product on the market under his name or trademark or
    • changes a construction product that has already been placed on the market is changed in such a way that the compliance with the declaration of performance may be affected,

    this distributor is regarded as a manufacturer according to EU CPR Art. 15 and is obliged to affix the CE marking on the construction product and to draw up the declaration of performance in addition to other obligations according to Art. 11 of EU CPR.

  • Question:

    What are the obligations of the manufacturer?

    Answer:

    Pursuant to Art. 11 of EU CPR, the manufacturer is above all obliged to:

    • draw up the declaration of performance,
    • compile a technical documentation as the basis for the declaration of performance,
    • affix the CE marking on the construction product,
    • ensure that the product carries a type, batch or serial number or other identifier for the identification of the construction product,
    • give his name, registered trade name or registered trademark as well as his contact address on the construction product (if necessary, on the packaging/accompanying documents),
    • keep the declaration of performance and technical documentation for ten years from the placing on the market (if necessary, deviating specifications in delegated acts from the Commission which do not exist as yet are to be taken into account),
    • carry out inspections, if appropriate, on random samples of the construction products placed on the market or made available on the market by him,
    • take any required corrective actions, if he has reason to believe that the construction product he placed on the market does not meet the declaration of performance or other requirements of the EU CPR (e.g. in case of complaints or in the course of determining deviations from the declared performance as part of routine monitoring).

    The manufacturer is also subject to a handover obligation to national authorities with respect to all information and documents necessary to demonstrate the conformity of the construction product with the declaration of performance and the compliance with other requirements laid down by EU CPR. This specifically includes

    • technical documentation including documents of his own factory production control and technical specifications,
    • the declaration of performance,
    • instructions and safety information,
    • if necessary, the certificate of constancy of performance or the attestation of conformity of the factory production control and
    • inspection reports of the initial assessment.
  • Question:

    In what language must the declaration of performance be drawn up?

    Answer:

    The language of the declaration of performance derives from the particular national specifications of the EU Member States. In Austria, the official language and lingua franca is German (Art. 8 para. 1 B-VG), therefore it is to be provided in the German language in Austria.

    (EU CPR, Art. 7, para. 4)

  • Question:

    How does a declaration of performance look like and what does it need to contain?

    Answer:

    The declaration of performance is to be drawn up using the model set out in Annex III of the EU CPR.
    In addition to the declaration of performance model, Annex III also contains “instructions for the preparation of declarations of performance”. The content of the declaration of performance is regulated by Art. 6 EU CPR.

    Delegated Regulation (EU) No 574/2014

  • Question:

    What are the requirements for a construction product in Austria?

    Answer:

    Additional to existing laws and standards there are two construction product lists in Austria regulating the use of construction products: “Baustoffliste ÖA“ for nationally regulated construction products and „Baustoffliste ÖE“ for CE marked products regulated at European level.

    Products within the scope of harmonised European standards require CE marking and a declaration of performance (DoP) throughout Europe. The DoP is required in German language by Austria. CE marked products have to comply with the requirements specified in the construction products list: ”Baustoffliste ÖE”.

    Products without harmonised standard are regulated by member states. Preconditions for the use of such products are defined in “Baustoffliste ÖA”.

    For all construction products not within the scope of a harmonised European standard a European technical assessment (ETA) associated with CE marking and DoP can be obtained voluntarily. The Austrian Institute of Construction Engineering (OIB) is a notified technical assessment body (TAB) for ETAs.

    For several such products the construction product list “Baustoffliste ÖE” is defining requirements to product performance, assessable by an ETA based on a European assessment document (EAD, former ETAG).

    The actual publication of all harmonised European standards and both Austrian construction product lists are available at www.oib.or.at.

    Austrian standards are available at Austrian Standards Institute at Heinestraße 38, 1020 Vienna, Austria T +43 1 21300, www.austrian-standards.at.

    Construction works are subject to Austrian building laws (“Bauordnungen”) of Austria’s 9 federal districts “Länder” available at www.ris.bka.gv.at as well as regulations at federal level and common requirements defined in the comprehensive guidelines for construction “OIB-Richtlinien” available at www.oib.or.at.

  • Question:

    Who is responsible for market surveillance in Austria?

    Answer:

    The Austrian Institute of Construction Engineering (OIB) is the market surveillance authority for construction products under the jurisdiction of the Austrian federal states.
    The market surveillance authority checks that construction products that are made available on the market meet all legal requirements and do not endanger health or safety. Both the labelling and properties of the products are inspected.
    The market surveillance authority was established at the Austrian Institute of Construction Engineering (OIB) on the basis of an agreement concluded by the Austrian federal states “in accordance with Article 15a B-VG (Federal Constitution Act) concerning the market surveillance of construction products”. As of January 2017, the Austrian Institute of Construction Engineering is the market surveillance authority for construction products in the following federal states:

    • Carinthia
    • Lower Austria
    • Upper Austria
    • Styria
    • Vorarlberg
    • Vienna
    • Salzburg
    • Tyrol
    • Burgenland