NO PERFORMANCE DETERMINED - UKCA & OR CE MARKING, THE CPR & NPD
NOTE: WHEN LISTENING TO CE MARKING, ALSO UNDERSTAND THIS IS UKCA MARKING....
When using the term "NPD" or no performance determined, it means just that. You are "warning" by way of the declaration the limitations of the item e.g. not everything has been specified and or tested.
Within the Construction Products Regulation [(EU) No 305/2011 also a Statutory Instrument within the UK] clearly states that the "manufacture" is the one placing the product onto the market, and ultimately the one responsible the integrity of the UKCA / CE Mark as applied.
(EU) No 305/2011 - see Article 2 Clause 19
This basic fact about the one placing the product onto the market, is a key requirement of all CE obligations - soon to also be the UKCA requirement, currentl revised to 1st January 2024.
Calling all Notified Bodies, please wake up to the following:
a) EN 1090-1 Table ZA.3 – this is the tasks for the certification [notified] body when they visit you (the enterprise) – to review the FPC only against (clause 6.3 and this limited focus is as legislated within the CPR and may exclude “design” - (EU) No 305/2011 - see Article 2 Clause 26) and with reference to;
b) Annex ZA.1 – the specification for the product as provided from the customer (or if design is within the FPC scope, the internal design requirements); as applicable to the product (and contract specification, as defined), with reference to;
c) Annex B – the certification [notified] body will undertake an initial inspection and on-going inspection of the FPC (as per scope – with reference to Annex B.4.2) – basically, assess the effectiveness of the FPC with consideration to the above 1 and 2; and finally;
d) ZA.3 ## – the certification [notified] body will review the “declaration of performance" UKCA / CE Mark certificate content as issued by the FPC – to include any NPD’s as confirmed within 2 above.
Therefore, the Notified Body is awarding "certification" against the "factory production control" clause of EN 1090-1, 6.3 for the enterprise to issue "declarations of performance" for UKCA / CE Mark (at the point of dispatch from their "factory production control")..
Where the "factory production control" excludes design from the scope as confirmed with the Notified Body, the the legal responsibility for the product specification sits firmly with the customer and or their design experts (the CPR manufacturer in law).
Why are we putting this out there?
So many Notified Bodies are bouncing SME fabrication welding firms into "non-conformances" due to the SME's customer NOT providing the correct information for the product. From customers not providing the EXC level through to bolts and weld test specifications not made clear.
However, in this regard, we recommend to all "non-design" EN 1090 firms to simply state NPD on their CE Marking "declarations of performance" (in line with the EN 1090 Annex ZA's). Clearly stating this within the "declaration of performance" to the customer specified requirements as per their drawing specification provided.
As a non-design EN 1090 firm, you cannot be permitted to deviate from the information provided from your customer (without written consent to do so); should you deviate from the customer contract specification, this would be a breach of contract and you would be liable for any failures.
Notified Bodies should focus on auditing with reference to the primary points of legal reference; the CPR and CE Marking. The EN 1090 has become the focus of attention and not the legal frame-work.