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Is ETA mandatory? Separate the voluntary route from legal and purchasing requirements
Check the real construction product, market and harmonised coverage before assuming ETA is mandatory. A tender requirement and legal CE duties are different; current mandatory performance specifications can close the voluntary route.
Start with product coverage, not the document requested
Identify the supplied construction product, intended use and destination market. Compare the actual harmonised scope and applicable CPR regime. The Commission describes an EOTA route for products outside the relevant harmonised coverage as voluntary. A new trade name or an unusual feature does not alone establish that the real product is outside the scope.
Do not treat “ETA is voluntary” as an exemption from applicable product law. If the manufacturer uses this route for CE marking, the applicable assessment, conformity, declaration and marking duties still matter. Other market requirements and suitability of installation in a construction project need separate checks; ETA is not a general building permission.
A purchasing condition is not a universal legal obligation
Conditional example: a buyer’s specification asks for an ETA for a connection kit. First compare the actual kit and use with the relevant product scope, not just a standard for one metal component. If the EOTA route is available, the requested ETA may be a contractual evidence condition; the buyer’s wording alone does not establish a universal legal requirement for every kit.
If the relevant mandatory performance specification covers the real product and use, ask about the applicable harmonised route instead of changing the description solely to obtain an ETA. Record the specification scope and the reason for the route decision. Do not relabel the intended use or call a component report the kit’s required ETA to satisfy a tender.
Current citation and transition can change the answer
Check the EAD citation, relevant mandatory performance HTS and transition when relying on an existing or proposed ETA. Current Commission guidance says that an applicable new mandatory performance HTS becomes the route for marketing the product and the related EAD/ETA route can no longer be used for CE marking. An old issued ETA does not override that boundary indefinitely.
Kayra can compare the product, legal references and buyer’s wording and record unresolved questions for the competent TAB or other responsible party. The TAB determines its actual assessment scope; the manufacturer fulfils applicable market duties. The page does not classify an unidentified kit, claim a named specification applies, or promise acceptance by a buyer or project authority.
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Share the supplied product, intended use, destination market and exact buyer requirement to distinguish the applicable legal route from contract conditions.