BREXIT & EU Construction Products Regulation 305/2011 ~ Woeful Implications for Britain’s Fire Industry

2020-09-08:  Ignoring Britain’s silly sabre-rattling, toothless threats and boorish blackmail attempts reported in the Media during this past weekend, yesterday and today … the actual state of play in the tortuous Brexit Negotiations can best be judged from the following sources …

Michel Barnier’s Presentation to the Institute for International and European Affairs (IIEA), on 2 September 2020 … View it Here on YouTube

Britain’s National Audit Office Report: ‘Learning for Government from EU Exit Preparations’, dated 4 September 2020   (Download PDF File, 197 Kb)


Map of Europe, in colour, showing the current extent of the European Union.  Points to Note:  a) Europe, as a continent, extends as far as the Ural Mountains in Russia;  b) From 1 January 2021, after an implementation period of one year, Great Britain will be entirely outside the EU and the Single Market;  c) The EU is not a Christian organization and as soon the political classes in certain countries (e.g. France and The Netherlands) get over their hysterical hatreds, Turkey will enter the EU as a full Member State;  d) furthermore and eventually, an Independent Scotland will re-join the EU.  Click map to enlarge.

This is the European Union (EU), a Single Market of approximately 450 Million consumers.  The EU operates under the freedoms and protections of Codified / Written Law, i.e. EU Treaties ratified by all of the EU Member States, EU Secondary Legislation (Regulations and Directives), and EU Administrative Provisions.


A suite of EU Regulations and Directives covers Industrial Products.  While there is some flexibility with regard to how Directives are implemented at national level in the Member States, no such flexibility exists with Regulations.  Construction Products can only be placed on the EU Single Market if they can be shown to comply with the requirements of the EU’s Construction Products Regulation (CPR) Framework, or in other words, be shown to be ‘fit for their intended use’ in the European Union …

REGULATION (EU) No 305/2011 of the European Parliament and of the Council, dated 9 March 2011, laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC   (Download PDF File, 998 Kb)


EU Regulation 305/2011.  Article 13(2) Before placing a Construction Product on the market, Importers shall ensure that the assessment and the verification of constancy of performance has been carried out by the Manufacturer.  They shall ensure that the Manufacturer has drawn up the Technical Documentation referred to in the second sub-paragraph of Article 11(1) and the Declaration of Performance in accordance with Articles 4 and 6.  They shall also ensure that the Product, where required, bears the CE Marking, that the Product is accompanied by the required documents and that the Manufacturer has complied with the requirements set out in Article 11(4) and (5).



Trade ‘No Deal’ or ‘Minimal Deal’ … from 1 January 2021, Great Britain will be completely outside the European Single Market, and the EU’s Construction Products Regulation Framework.  The designation ‘Notified Body’ under that Framework will fall away from British Organizations.  Construction Products/Systems manufactured in, or supplied from, Britain will then have to undergo an entirely new EU Testing and Approvals Programme in order to access the European Single Market.  Fire Safety related Construction Products will have to be tested, and assessed or appraised, against all 7 Basic Requirements for Buildings together, during the same period of time (see Annex I, EU Regulation 305/2011) …

      1.  Mechanical Resistance and Stability
      2.  Safety in Case of Fire
      3.  Hygiene, Health and the Environment
      4.  Safety and Accessibility in Use
      5.  Protection against Noise
      6.  Energy Economy and Heat Retention
      7.  Sustainable Use of Natural Resources

… a process which will be very interesting to observe, since the Fire Industry (particularly England’s Fire Establishment, AHJ’s, etc) dislikes, with intensity, the whole idea of ‘environmental impact’ … the concept of ‘sustainable development’ is hardly understood … and no consideration is given to the reasonable fire safety and accessibility needs of ‘vulnerable building users’ (including people with activity limitations, refugees, migrants, etc).

The tragic 2017 Grenfell Tower Fire, and its sad aftermath, have demonstrated how dysfunctional, and rotten to the core, is the whole national system of Building Fire Safety in England.  More than 3 years later … on the evidence to date of an ongoing, incompetent Inquiry and a series of shoddy responses from Government … will survivors and the victims’ families ever receive Justice, and find Peace ?   cf. The 1981 Stardust Discotheque Fire in Dublin.  Survivors and victims’ families are still waiting for the truth to be revealed.

In parallel, mutual recognition of British Professional Building Designers, e.g. Architects, Structural Engineers, Fire Engineers, etc., within the European Union will cease.

In parallel, British Fire Research involvement in EU Research Networks will also cease … unless a heavy price is paid to be involved as a 3rd Country.  British Institutions should forget any notions they might have about Network Leadership.

In parallel, Information and Data Flows between Britain and the EU will be disrupted or cease altogether … unless Britain complies fully with the requirements of EU General Data Protection Regulation (GDPR) 2016/679.  As a vassal state of the USA, this compliance may prove difficult for Britain !


EU Fire Safety Related Product/System Manufacturers ~ A Word of Caution !

Many EU Construction Product/System Manufacturers continue to use the services provided by British Fire Test Laboratories and/or Fire Consultancy Organizations located in Great Britain … some of which have already established EU-based dummy companies and letterheads.  These British organizations must be avoided altogether.  For example, the practice of fire testing in England and later adding a title page of a Full Test Report with an EU location address is entirely unacceptable !




#Twitter … @walshcj69 …

#Sustainability #Brexit #EU #England #MichelBarnier #GB #PerfidiousAlbion #ConstructionProducts #FireSafety4ALL #VulnerableBuildingUsers #EnvironmentalImpact #SustainableDevelopment #BrexitTrainCrash #BorisCummings #BuildingDesigners #FireEngineers #Architects #Turkey #Scotland #EuropeanUnion #NationalAuditOffice #NobodyLeftBehind #TechnicalControl #FireCodes #SFE #SIA #SustainableFireEngineering #Resilience #Reliability #GrenfellTowerFire #StardustDiscoFire #Dublin #CEmark #FireResearch #GDPR #IIEA #CPRframework #MutualRecognition #Russia #USA #CodifiedLaw #EUtreaties #PwAL

New Legal & Normative Environment for Accessibility in Europe

2012-11-27:  On Friday last, 23 November 2012, I had the great pleasure of being invited to attend the 2012 IIEA/TEPSA Irish EU Presidency Conference, which was held in Dublin Castle, Ireland.  The Programme was interesting and diverse … but lacked a vital element …

  • Session 1 – Priorities of the Irish EU Presidency ;
  • Session 2 – Economic Governance & Economic Monetary Union ;
  • Session 3 – Innovation & the Digital/Energy Interface ;
  • Session 4 – The European Union in the World.

[ IIEA – Institute of International & European Affairs ] + [ TEPSA – Trans-European Policy Studies Association ]

Colour photograph showing Tánaiste Eamon Gilmore delivering a Keynote Address, from the podium, at the 2012 Dublin IIEA/TEPSA Irish EU Presidency Conference. In the Chair - looking very pensive - is Mr. Dáithí O'Ceallaigh, Director General of the IIEA. Photograph taken by CJ Walsh. 2012-11-23. Click to enlarge.
Colour photograph showing Tánaiste Eamon Gilmore delivering a Keynote Address, from the podium, at the 2012 Dublin IIEA/TEPSA Irish EU Presidency Conference. In the Chair – looking very pensive – is Mr. Dáithí O’Ceallaigh, Director General of the IIEA. Photograph taken by CJ Walsh. 2012-11-23. Click to enlarge.

Although the serious problem of Youth Unemployment in Europe was discussed (from an economic perspective), and the Ageing Society received a passing mention … there was hardly any consideration of EU Citizenship and the many other Soft Social Issues … with, surprise-surprise, no reference at all to the Weak and Vulnerable Groups of People in all of our countries.

Furthermore … I don’t know whether they were invited to the Dublin EU Presidency Conference … and if they were, whether they couldn’t attend … but I did not notice a significant presence of representatives from Irish Disability Organizations at this important event.

Conference Delegates needed to hear that the European Union is for All of its People … not just its Citizens !   That distinction is critical.

Colour photograph showing Delegates at the 2012 IIEA/TEPSA Irish EU Presidency Conference in Dublin - described by one journalist as "a heavyweight audience of policymakers and 'leading thinkers' " - chatting over morning coffee and tea. Notice the lethal-looking metal handrail extensions in the foreground. Photograph taken by CJ Walsh. 2012-11-23. Click to enlarge.
Colour photograph showing Delegates at the 2012 IIEA/TEPSA Irish EU Presidency Conference in Dublin – described by one journalist as “a heavyweight audience of policymakers and ‘leading thinkers’ ” – chatting over morning coffee and tea. Notice the lethal-looking metal handrail extensions in the foreground. Photograph taken by CJ Walsh. 2012-11-23. Click to enlarge.


Which sets the scene, in an odd way, for the following e-mail message I recently sent through the EUropean Concept for Accessibility Network (EuCAN) … a network of European Accessibility Experts, co-ordinated from Luxembourg by Mr. Silvio Sagramola …


To EuCAN Network Members:


With some concern, I have been following the discussion about Access Officers.

Allow me to explain.

Once upon a time … at a meeting of the EuCAN Management Team in Luxembourg … there was an intense discussion about ‘Accessibility & Human Rights’.  Now that the U.N. Convention on the Rights of Persons with Disabilities has been adopted, entered into force, and been ratified by the European Union and many, though not all, of the EU Member States … I hope that this issue has finally been resolved.

Therefore … the immediate, Pan-European Accessibility Agenda can be found in Articles 9, 11 and 19 of the Convention … all within the context of Preamble Paragraph (g).

BUT … is any organization yet working with this Agenda … and, most importantly, implementing it properly ?

AND … let us not forget that Independent Mechanisms to Monitor Implementation are an essential component of the same Agenda (Article 33.2) … at European, national, and sub-national levels, right down to individual public and private organizations !


Accessibility has been clearly specified in the new International Standard ISO 21542: ‘Building Construction – Accessibility & Usability of the Built Environment’ as including … ‘access to buildings, circulation within buildings and their use, egress from buildings in the normal course of events, and evacuation in the event of an emergency‘.

The flawed framework, founded on the term ‘Access’ alone, is now obsolete.  And, therefore, the Access Officer is no more.  Let us all finally agree that the responsible individual, whether he or she, is an Accessibility Officer !


If the EuCAN Network is to have a useful and constructive future, this is the New Legal & Normative Environment which it must confront, carefully examine … and, in support of which, it should produce design guidance, decision-making computer software tools, etc., etc … for the practical purpose of ‘real’ implementation.

AND … any proposed EuCAN Programme of Action (2013-2015) should also include a review and updating of past publications.


Some Points To Note:

1.     Although the European Union ratified the U.N. CRPD on 23 December 2010 … European Commissioner Viviane Reding (Justice, Fundamental Rights & Citizenship) stated at a Dublin Meeting, in answer to my direct question, that some Member States are offering stiff resistance to integration of the Convention into the EU System.  Why isn’t the European Disability Forum on top of this ?   But also … the European Union has not yet either signed, or ratified, the Convention’s Optional Protocol.

2.     At the time of writing … Finland, Ireland, the Netherlands, and Norway (EEA) … have still not ratified the Convention.  Why not ?   Where is the outcry from disability organizations in those countries ??

In Ireland, unfortunately, national decision-makers would rather commit ritual suicide outside government buildings than acknowledge an individual citizen’s human rights.  And, if Ireland ever does ratify the Convention, proper implementation will be very problematic.

Am I exaggerating ?   Not at all … just look at how Ireland has implemented the U.N. Convention on the Rights of the Child, which it ratified back in September 1992.

3.     In EU Member States that have ratified the U.N. CRPD … the Convention is not always being implemented properly.

Towards the end of the following Blog Post … https://www.cjwalsh.ie/2011/10/public-procurement-design-for-all-its-crunch-time-folks/ … I have discussed the Concluding Observations on the Initial Report of Spain (September 2011 Session of the U.N. Committee on the Rights of Persons with Disabilities).

4.     Preamble Paragraph (g) of the U.N. CRPD is even more important, now, for this reason … the United Nations has started to develop the Post-2015 Sustainable Development Goals.  It is essential to fully integrate Ability/Disability Issues into this process.  Making a submission to the U.N. could be an interesting task for EuCAN.

5.     The Fire Safety Texts contained in ISO 21542 are essentially just a bare minimum … and they are mostly in the form of recommendations (‘should’), not requirements (‘shall’).  There is a great need to add extra detail to those texts … and to convert them into requirements.  Making a series of submissions to the International Standards Organization (ISO) should be a task for EuCAN.


C.J. Walsh, Sustainable Design International Ltd. – Ireland, Italy & Turkey.



EUropean Concept for Accessibility (EuCAN) – Extract from 2001 Mission Statement

The fundamental basis of a European philosophy for accessibility is the recognition, acceptance and fostering – at all levels in society – of the rights of all human beings, including people with activity limitations … in an ensured context of high human health, safety, comfort and environmental protection.  Accessibility for All is an essential attribute of a ‘person-centred’, sustainable built environment.

An Effectively Accessible Europe for All

Now that a Comprehensive Legal and Normative Environment for Accessibility has finally been created in Europe … there is a vital need for EuCAN for serve … and a vital role for EuCAN to play.

However … Concerted Action must be directed at Implementation … Effective Implementation … ‘real’ accessibility which works.

Enough talk – Enough tokenism !!




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