Construction Products [EU]

Table of Contents

Construction products

Regulation (EU) No 305/2011 — harmonised conditions for the marketing of construction products

It aims to make the single market work better and improve the free movement of construction products* in the EU, by laying down uniform rules for the marketing of these products and by providing a common technical language to assess the performance of construction products.

In this way the regulation also enables EU countries to ensure the safety of construction works*.

It repeals Directive 89/106/EEC.

Key Points

The regulation sets out the conditions for the marketing of construction products.

It sets out methods and criteria for assessing and expressing the performance of construction products*, and the conditions for the use of CE marking.

EU countries, on the other hand, are responsible for fire safety, mechanical resistance and stability, environmental, energy and other requirements applicable to construction works.

Declaration of Performance and CE marking

Where a manufacturer decides to place a construction product on the market and that product is covered by a harmonised standard or a European Technical Assessment has been issued for it, the manufacturer must draw up a Declaration of Performance which contains, among other things, the following information:

product reference;
systems of assessment and verification of consistency of performance of the product;
reference of the applicable harmonised standard or European Technical Assessment;
intended use or uses for the product;
declared performance based on the assessment according to the applicable harmonised standard or European Technical Assessment.

Once the Declaration of Performance has been drawn up, the manufacturer must affix a CE marking to the product.

The CE marking indicates that the performance of the product has been assessed and that it remains constant.

CE marking enables a construction product to be placed legally on the market in any EU country and then be traded on the EU’s single market.

EU countries must establish Product Contact Points for Construction to provide information on the requirements for construction products.

Obligations of manufacturers, importers and distributors

Manufacturers must:

prepare technical documentation and on its basis draw up a Declaration of Performance and affix CE marking to the product;
ensure that the product maintains its conformity with the Declaration of Performance. Where manufacturers consider that the product no longer conforms with the Declaration of Performance, they must immediately take the necessary corrective measures or withdraw or recall the product from the market.

Importers must:

ensure that the product bears CE marking and is accompanied by the required documentation;
avoid placing the product on the market if they consider it is not in conformity with the Declaration of Performance;
ensure that the product maintains its conformity with the Declaration of Performance and that its transport or storage do not jeopardise its performance. Where a product does not conform with the Declaration of Performance, importers must immediately take the necessary corrective measures or withdraw or recall the product from the market.

Obligations of distributors include:

ensuring that the product bears CE marking and that it is accompanied by the required documentation;
not making the product available on the market if they consider it does not conform with the Declaration of Performance, until it is brought into conformity or until the Declaration of Performance is corrected;
ensuring that the product’s transport or storage do not jeopardise its performance. Where a product does not conform with its Declaration of Performance, distributors must ensure the necessary corrective measures are taken, or that the product is withdrawn or recalled from the market.

Harmonised technical specifications

Harmonised technical specifications include harmonised standards and European Assessment Documents. Harmonised standards are drawn up by European standardisation bodies (European Committee for Standardization or European Committee for Electrotechnical Standardization) on the basis of requests issued by the European Commission. Harmonised standards define the methods and the criteria for assessing the performance of construction products.

If a construction product is not covered or not fully covered by a harmonised standard, manufacturers may request a European Technical Assessment, issued by one of the Technical Assessment Bodies on the basis of a European Assessment Document developed by the European Organisation for Technical Assessment.The European Technical Assessment is a documented assessment of the performance of a construction product, in relation to its essential characteristics.

Harmonised standards and European Technical Assessments create a common technical language used by all players in the construction sector and enable manufacturers to draw up the Declaration of Performance and affix the CE marking. References of harmonised standards and of European Assessment Documents are published in the Official Journal of the European Union.

Market surveillance

EU countries’ market surveillance authorities, established under to Regulation (EC) No 765/2008, must ensure that the regulation is complied with in their countries.

Where these authorities find that a product does not comply with the requirements of the regulation (e.g., the product does not achieve its declared performance and presents a risk), they must without delay require the relevant economic operator to bring the product into compliance with the declared performance, or to withdraw the product from the market, or recall it within a reasonable period, appropriate to the nature of the risk.

Implementing and delegated acts

A list of implementing and delegated acts adopted by the Commission in accordance with the Construction Products Regulation is available on the Commission’s website.

Application & Background

It has applied since 1 July 2013.

The approach of the Construction Products Regulation for a better functioning single market for construction products is different from the general principles originally set in the New Legislative Framework. The main differences are:

The division of powers between the EU and EU countries: the EU deals only with the single market access rules and not with requirements for products’ performance itself. The EU countries are those who are responsible for fire safety, environmental, energy and other requirements applicable to construction works.

Harmonised marketing conditions: instead of harmonising construction products or the requirements for them, the Construction Products Regulation limits itself to creating harmonised conditions for marketing such products.

The use of harmonised standards is obligatory for manufacturers when placing their construction products on the market and for EU countries when setting requirements for their performance.
Following the publication of the July 2016 Implementation Report, the Commission’s Communication ‘Clean Energy for all Europeans’ announced a possible revision of the Construction Products Regulation in November 2016.

For more information, see:

Review of the construction products regulation (European Commission).

KEY TERMS

Construction product: 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.
Performance of a construction product: the performance related to the relevant essential characteristics, expressed by level or class, or in a description.
Construction works: buildings and civil engineering works.

MAIN DOCUMENT

Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (OJ L 88, 4.4.2011, pp. 5-43)

Successive amendments to Regulation (EU) No 305/2011 have been incorporated in the original text. This consolidated version is of documentary value only.

Construction Products [EU]