EUROPEAN
COMMISSION
Brussels, 30.3.2022
COM(2022) 144 final
2022/0094 (COD)
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
laying down harmonised conditions for the marketing of construction products,
amending Regulation (EU) 2019/1020 and repealing Regulation (EU) 305/2011
(Text with EEA relevance)
{SEC(2022) 167 final} - {SWD(2022) 87 final} - {SWD(2022) 88 final} -
{SWD(2022) 89 final}
EN EN
EXPLANATORY MEMORANDUM
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
Regulation (EU) No 305/2011 of the European Parliament and of the Council (the
‘Construction Products Regulation’ or CPR) lays down harmonised conditions for the
marketing of construction products.1 The CPR ensures the smooth functioning of the single
market and the free movement of construction products in the EU. It does so through
harmonised technical specifications, which provide for a common technical language on how
to test and communicate the performance of construction products (e.g. reaction to fire,
thermal conductivity or sound insulation). The use of standards is mandatory when they are
cited in the Official Journal of the European Union (OJEU). Construction products covered by
such standards must bear the CE marking which indicates that they comply with their
declared performance. Such products can then freely circulate within the single market. EU
Member States are not allowed to require any additional marks, certificates or testing. The
CPR does not set product requirements. EU Member States are responsible for the safety,
environmental and energy requirements applicable to buildings and civil engineering works.
The Commission’s 2016 implementation report on the CPR2 identified certain shortcomings
in its implementation and a significant number of challenges linked among others to
standardisation, simplification for micro-enterprises, market surveillance and enforcement,
deserving further examination and discussion. The evaluation of the CPR3, opinions of the
REFIT platform as well as Member States’ and stakeholders’ feedback pointed clearly to the
shortcomings of the framework, hindering the functioning of the single market for the
construction products, and therefore failing to achieve the CPR’s objectives.
The November 2016 Clean Energy for all Europeans Communication4 stressed the need to
unlock the growth and jobs potential by improving the functioning of the still fragmented
single market for construction products. The European Green Deal Communication,5 the
Circular Economy action plan6 and the Renovation Wave Communication7 highlighted the
role of the CPR as part of efforts towards energy- and resource-efficient buildings and
renovations, and in addressing the sustainability of construction products. The proposal for a
1
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, p. 5-43.
2
Report from the Commission to the European Parliament and the Council on the implementation of
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,
COM/2016/0445 final.
3
Commission Staff Working Document SWD(2019)1770 - Evaluation of Regulation (EU) No 305/2011
laying down harmonised conditions for the marketing of construction products and repealing Council Directive
89/106/EEC.
4
Communication from the Commission to the European Parliament, Council, the European Economic
and Social Committee, the Committee of the Regions and the European Investment Bank, Clean Energy For All
Europeans, COM(2016) 860.
5
Communication from the Commission to the European Parliament, the European Council, the Council,
the European Economic and Social Committee and the Committee of the Regions, the European Green Deal,
COM(2019) 640.
6
Communication from the Commission to the European Parliament, the Council, the European
Economic and Social Committee and the Committee of the Regions, A new Circular Economy Action.
7
COM(2020) 662 final.
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revised Energy Performance of buildings Directive8 highlighted the importance of the life
cycle GHG emissions of buildings and building materials to calculate the Global Warming
Potential of new buildings as of 2030. The EU Forest Strategy9 and the Sustainable Carbon
Cycle10 Communication announced, in the context of the revision of the Construction
Products Regulation, the development of a standard, robust and transparent methodology to
quantify the climate benefits of construction products and carbon capture and utilisation.
Also, both the European Parliament and the Council have called for actions to promote
circularity of construction products, to address barriers in the single market for construction
products and contribute to the objectives of the European Green Deal and the Circular
Economy action plan.11
Therefore, the two general objectives of the CPR revision are to (1) achieve a well-
functioning single market for construction products and to (2) contribute to the objectives of
the green and digital transition, particularly the modern, resource-efficient and competitive
economy.
This is an initiative within the Regulatory Fitness Programme (REFIT) as the proposal aligns
with the aims of the REFIT programme, which are to make the EU laws simpler, more
targeted and easier to comply with.12
This proposal aims to tackle the following problems:
Problem 1: Single market for construction products not achieved.
The standardisation process at the core of the CPR has been underperforming. In the recent
years, draft harmonised standards developed by the European Standardisation Organisations
(ESOs) could rarely be cited in the Official Journal (OJEU) mainly due to legal deficiencies.
The lack of citation of up-to-date harmonised standards for construction products is a key
factor undermining the smooth functioning of the single market, creating trade barriers and
additional costs and administrative burden on economic operators. Outdated harmonised
standards also mean that they are not always market-relevant, as the process cannot keep pace
with the developments in the sector. Moreover, the current situation does not allow to fulfil
the regulatory needs of the Member States. Due to these deficiencies, Member States apply
national marks, certifications and approvals. This is in breach of the CPR and not in line with
the jurisprudence of the European Court of Justice. In addition, given the underperformance
of the conventional standardisation route, the workload has progressively increased on the
alternative route to obtaining the CE marking via the European assessment documents
8
Proposal for a Directive of the European Parliament and of the Council on the energy performance of
buildings (recast), COM(2021) 802 final
9
Communication from the Commission to the European Parliament, the Council, the European
Economic and Social Committee and the Committee of the Regions: New EU Forest Strategy for 2030,
COM (2021) 572 final.
10
Communication from the Commission to the European Parliament, the Council, the European
Economic and Social Committee and the Committee of the Regions: Sustainable Carbon Cycles, COM
(2021) 800 final.
11
Implementation of Regulation (EU) No 305/2011 laying down harmonised conditions for the marketing
of construction products (the Construction Products Regulation), 2020/2028(INI) and
https://www.consilium.europa.eu/media/41508/st14523-en19.pdf
12
With the aim to demonstrate the simplification and reduction of unnecessary regulatory costs, while
achieving the underlying policy objectives, a table illustrating the REFIT cost savings of the preferred option
was elaborated in the impact assessment. Moreover, the new ‘one-in, one-out’ approach is applied, strengthening
the REFIT programme.
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(EADs). This increase in workload has therefore led to the Commission needing more time to
carry out its assessments and it may even risk to paralysing the system.
Problem 2: Implementation challenges at national level.
These issues also add to the complexity of the legal framework and contribute to the fact that
market surveillance activities widely vary (in quality and effectiveness) from one Member
State to another. Ineffective market surveillance and enforcement in general limits the trust in
the regulatory framework and is therefore a disincentive for companies to comply with the
legislation.
Drawbacks linked to the functioning of the Notified Bodies were identified in the
implementation report indicating that relevant CPR provisions would benefit from more
accuracy, e.g. on requirements for them (Article 43 of the CPR), on operational obligations
for them (Article 52) and on coordination of them (Article 55).
Problem 3: Complexity of the legal framework /simplification not achieved.
Harmonised technical specifications provide for a common technical language on how to test
and communicate the performance of construction products (e.g. reaction to fire, thermal
conductivity or sound insulation). The CE marking under the CPR is linked to the assessment
of the performance of a construction product, and not to its conformity with product
requirements, as these are not set by the CPR. Given that this is a rather exceptional situation
compared to other NLF legislation, the meaning of the CE marking is often misunderstood
and misinterpreted.
Other provisions of the CPR are insufficiently clear or create overlaps either within the
framework itself (e.g. the overlap between the information required for the declaration of
performance and for the CE marking), or between the CPR and other EU legislation
(potentially parallel routes to CE marking for some construction products under the CPR and
the Ecodesign Directive13). Moreover, the uptake of the simplification provisions of the CPR
aimed mainly at SMEs14 has been limited, due to lack of awareness and lack of clarity of the
provisions. The smallest companies bear the largest administrative burden. Overlaps and
inconsistencies create inefficiencies.
In addition, there are no specific provisions on providing information in the digital format.
This will become a challenge particularly as reliable product information, from manufacturing
to the installation in the building and demolition, will be necessary in the context of the digital
building logbooks15, Level(s)16 or other tools for assessing and reporting on the sustainability
performance of buildings.
13
Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing
a framework for the setting of ecodesign requirements for energy-related products.
14
I.e. Article 5 (derogations from drawing up a declaration of performance - DoP), Article 36 (intended to
avoid unnecessary repetition of testing), Article 37 (simplified procedures for micro-enterprises) and Article 38
(simplified procedures for products individually manufactured or custom-made in a non-series process).
15
A digital building logbook is a dynamic tool that allows a variety of data, information and documents to
be recorded, accessed, enriched and organised under specific categories. It represents a record of major events
and changes over a building’s life cycle, such as change of ownership, tenure or use, maintenance, refurbishment
and other interventions. Definition of the digital building logbook - Publications Office of the EU (europa.eu).
16
Level(s) is an assessment and reporting tool, developed by the European Commission, for sustainability
performance of buildings, firmly based on circularity: Level(s) (europa.eu)
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Problem 4: The CPR is unable to deliver on broader policy priorities, such as the green
and digital transition, and product safety.
The available harmonised assessment methods for the performance of construction products
cover only some elements linked to the environmental impacts such as pollution but have not
been established with regards to sustainable use of natural resources. Furthermore, the CPR
does not allow to establish environmental, functional and safety product requirements for
construction products, therefore hampering the possibility to address non-performance based
issues. However, to stimulate the incentives and demand for low-carbon and carbon-storing
construction products, coherent and transparent information on the climate, environmental
and sustainability performance of the construction products is needed as well as the possibility
to govern inherent product characteristics such as durability or reparability. Enhancing the
circularity of construction products will also strengthen the EU’s resilience regarding access
to construction materials17. Moreover, digital information on construction products is not
sufficiently available to address the goals of circularity and sustainability and to provide
information required by other related legislation (e.g. the Energy Performance of Buildings
Directive or the Ecodesign for Sustainable Products Regulation).
The CPR significantly limits the possibilities for the sector to declare, in a consistent and
harmonised way, the performance of their products and to differentiate the products with
regard to climate, environment and sustainability performances. It also significantly limits the
possibilities for Member States to define national requirements for buildings or to include
criteria in public procurement on sustainability objectives without putting at risk the
functioning of the single market.
• Consistency with existing policy provisions in the policy area
The initiative is consistent with the do not significant harm principle, as it contributes to the
objectives of the green transition of the European Green Deal (in particular the Renovation
Wave) and the Circular Economy action plan. It promotes a greener manufacturing, re-use,
remanufacturing and recycling of construction products. It ensures climate adaptation. It
supports the revision of the Energy Performance of Buildings Directive by providing
information on the environmental performance of construction products and thereby
facilitating the calculation of energy performance of buildings, of their Global Warming
Potential and of carbon removals associated to carbon storage.
The Circular Economy action plan announced the Sustainable Products Initiative (SPI) aiming
to make products fit for a climate-neutral, resource-efficient and circular economy, in
particular with the adoption of the Ecodesign for Sustainable Products Regulation (ESPR).
Where product-specific EU legislation, like this proposal, regulates the environmental and
climate sustainability aspects of products, further policy and legislative development should
remain in the dedicated instrument, with the same level of stringency as the ESPR. This
contributes to better coherence of EU rules on specific products and avoids administrative
burden on economic actors who would otherwise have to comply with requirements laid down
in different EU legislations.
Therefore, given the strong interlinkages between the environmental and structural
performance of construction products, including health and safety aspects, this proposal lays
down sustainability requirements for construction products. However, specific circumstances
may justify targeted intervention on construction products under the ESPR. This will be the
17
[placeholder: 2nd in-depth review]
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case for example for energy related construction products, which are already regulated under
the existing Ecodesign Directive, such as solid fuel stoves.
‘A New Industrial strategy for Europe’ Communication18 of March 2020 sets out a plan for
EU industry to lead the twin green and digital transitions, drawing on the strength of its
traditions, its businesses and its people to enhance competitiveness. To deliver on these goals,
an industrial ecosystem-based approach was defined in order to better connect the needs and
support the key players in each value chain. The Communication updating the 2020 New
Industrial strategy19 identified construction as one of the priority ecosystems that face the
most important challenges meeting climate and sustainability goals and embracing the digital
transformation, and whose competitiveness depends on this. The Commission has been
developing a transition pathway for the construction industry ecosystem, in a process of co-
creation with industry, stakeholders and Member States, as part of the updated Industrial
Strategy. As part of this work, the Commission published on 15 December 2021 a staff
working document20 that proposes scenarios for construction to become more green, digital
and resilient. An enabling and regulatory framework fit for the future, that fosters investments
and the building of trust is key to the ecosystem's resilience and a prerequisite for the twin
transition.
The SME Strategy for a sustainable and digital Europe21 stressed the important role of the
SMEs in driving the green transition and reiterated the need to equip them with instruments to
understand and mitigate environmental risks, including in the construction sector.
‘An EU strategy on Standardisation: Setting global standards in support of a resilient, green
and digital EU single market’22 identified construction as one of the most pertinent areas
where harmonised standards could improve competitiveness and reduce market barriers.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The proposal is based on Article 114 of the Treaty on the Functioning of the European
Union (TFEU) because the main purpose of the Regulation is to remove obstacles to the
circulation of construction products within the single market.
• Subsidiarity (for non-exclusive competence)
Without an EU regulation, the shortcomings of the CPR cannot be remedied by national laws,
as the Member States have no powers to amend the CPR framework nor for correcting its
failures through national measures. Currently, in the absence of appropriate standardisation at
the EU, environmental and safety performances of construction products are addressed in
different ways at the national level, leading to a divergence in the requirements for economic
operators. EU action is therefore justified and necessary. Only at the EU level can the
conditions to ensure the free circulation of construction products be set while ensuring a level
playing field and pursuing sustainability goals.
18
COM(2020) 102 final, ‘The 2020 Industrial Policy package’ includes also a dedicated Strategy for
small and medium-sized enterprises (SMEs; COM(2020) 103 final) and Specific actions to address barriers to a
well-functioning the Single Market and improve enforcement of commonly agreed rules, COM(2020) 93 final
and COM(2020) 94 final
19
COM(2021) 350 final, Updating the 2020 New Industrial Strategy: Building a stronger Single Market
for Europe’s recovery.
20
SWD(2021) 419 final, https://ec.europa.eu/docsroom/documents/47996
21
COM(2020) 103 final.
22
COM(2022) 31 final.
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As for the added value of action at the EU level, the proposal will contribute to the
improvement of the overall functioning of the single market for construction products by
increasing legal certainty as well as predictability, improving the level playing field for the
construction ecosystem and addressing the aspects of climate and environmental performance
and circularity of construction products, which can only be tackled at the EU level.
• Proportionality
The proposal is consistent with the principle of proportionality because it does not go beyond
what is necessary to achieve a well-functioning single market for construction products and is
proportionate in achieving the intended objective.
The proposal aims at addressing the identified shortcomings of the CPR and the objectives of
the European Green Deal and the Circular Economy action plan in relation to construction
products, while building on the core principles of the CPR (including the harmonised
standards developed by the European Standardisation Organisations). Addressing and
improving the core functioning of the CPR framework, in particular the standardisation
process, is imperative in delivering of the policy objectives. Some of the new features such as
product requirements or Commission acts containing technical specifications will be applied
only when needed for specific products.
The proposal addresses all the problems that have been identified in the most effective
and efficient way. It proposes a future proof and comprehensive regulatory framework,
integrates fall-back solutions and new regulatory tools that can be activated, if a specific
product category or group, based on a detailed analysis needs it. Given the broad variety of
construction products, only this approach can ensure that the goals of the proposal are
effectively pursued without creating unnecessary burdens for economic operators.
• Choice of the instrument
The proposal takes the form of Regulation, repealing the CPR currently in force. It ensures a
common implementation of the proposed legislation across the EU.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER
CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
In 2016, the Commission published a supporting study for the Fitness Check on the
construction sector.23 The study assessed the coherence of selected EU acts applying to the
construction sector and considered the legal overlaps between the CPR and Ecodesign
Directive (2009), and Energy Labelling Directive. It also confirmed the inconsistencies in
definitions, lack of cross-references and overlaps between the three pieces of legislation.
In 2019, the Commission published the evaluation24 of the CPR. The overarching issues
identified in this evaluation, in order of importance, were (i) underperforming standardisation
system at the core of the CPR, (ii) ineffective and widely varying (from one Member State to
another) market surveillance and (iii) less simplification achieved by the CPR than expected.
The conclusions of both documents have been taken into account in the proposal.
23
Economisti Associati, Milieu & CEPS (2016). Supporting study for the Fitness Check on the
construction sector: EU internal market and energy efficiency legislation.
24
Evaluation of Regulation (EU) No 305/2011 laying down harmonised conditions for the marketing of
construction products and repealing Council Directive 89/106/EEC, SWD(2019)1770.
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• Stakeholder consultations
Throughout the preparation of the proposal, various stakeholders were consulted: Member
States, European technical bodies and associations, national authorities,
companies/manufacturers, importers and distributors, consumer associations, market
surveillance authorities, European/international organisations (industry associations), notified
bodies, workers/professionals’ associations and others, such as individuals and other NGOs.
In line with the EU better regulation guidelines, several consultation activities took place. A
brief description is set out in the bullet points below.
Horizontal online survey (survey on horizontal issues)25
The horizontal survey targeted selected experts and aimed at identifying how to address the
various horizontal issues identified during the evaluation of the CPR in order to collect input
to be used to further refine of the policy options.
Two dedicated meetings with Member States’ experts on the CPR review took
place in March and September 2020
The purpose of the meetings was to discuss about the process and the refined indicative
options paper26, as well as to collect Member States’ views on the following topics: scope and
relationship with other EU law, harmonised sphere, national law and information needs,
Annex I (basic requirements for construction works) and environmental requirements.
Company survey27
The purpose of the company survey was to assess how the refined indicative policy options
were expected to impact companies in the European construction products sector. The survey
targeted economic operators in the sector.
Public consultation28
The public consultation showed that all stakeholder groups strongly rejected a repeal of the
CPR (policy option E). In most stakeholder groups, the largest groups were in favour of
maintaining the current CPR (i.e. baseline policy option A). A substantial part of the
stakeholder groups preferred a revision of the CPR (i.e. policy options B, C or D)29.
In addition, the company survey showed that although economic operators were broadly in
favour of the current CPR, they highlighted a number of issues that needed to be addressed,
which required a revision. Primarily, this concerned the standardisation process.
25
Copenhagen Economics (CE), Danish Technological Institute (DTI) and Office for Economic Policy
and Regional Development Ltd. (EPRD) (2021). Supporting study for the impact assessment of the CPR
Review, Annex VI: Results of the horizontal survey (Inception report). The survey was conducted between 11
October 2019 and 31 October 31 2019.
26
Refined indicative options paper (2020), https://ec.europa.eu/docsroom/documents/40762.
27
Copenhagen Economics (CE), Danish Technological Institute (DTI) and Office for Economic Policy
and Regional Development Ltd. (EPRD) (2021). Supporting study for the impact assessment of the CPR
Review, Annex VII: Results of the Company Survey (Second Progress Report). The survey was conducted
between 10 August 2020 and 25 October 2020.
28
Copenhagen Economics (CE), Danish Technological Institute (DTI) and Office for Economic Policy
and Regional Development Ltd. (EPRD) (2021). Supporting study for the impact assessment of the CPR
Review, Annex VIII: Results of the open public consultation survey (First Findings Report). The survey was
conducted between 4 September 2020 and 25 December 2020.
29
Copenhagen Economics (CE), Danish Technological Institute (DTI) and Office for Economic Policy
and Regional Development Ltd. (EPRD) (2021). p.68.
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• Collection and use of expertise
The quantitative and qualitative analysis of the impacts of different options was supported by
a specific technical support contract.30
The study collected and complemented available evidence to analyse the policy options and
assess their possible impacts. The policy options have been explored to assess preferences and
impacts mainly through the survey and public consultation findings.
Moreover, additional expertise was identified through relevant reports, studies and meetings
with the Member State representatives, business associations, companies, technical bodies and
testing bodies.
• Impact assessment
The Commission carried out an impact assessment on the revision of the CPR. After
addressing the Regulatory Scrutiny Board’s comments issued in its first negative opinion of
26 July 2021, the impact assessment received a positive opinion with reservations on
26 January 2022. The Board’s opinions as well as the final impact assessment and its
executive summary are published together with this proposal.
The impact assessment examined and compared five policy options to address the problems
relating to the CPR:
Option A – Baseline (no revision)
The baseline scenario implied no revision of the Regulation but improving implementation
through guidance and other soft law measures. The baseline scenario meant therefore a
continuation of the harmonisation system and its implementation.
Option B – Repairing the CPR
Option B aimed at addressing the issues highlighted in the evaluation with the following
actions:
Address the challenges of the technical harmonisation system, option B
introduces an empowerment for the Commission to rely on a ‘fall-back’
solution in case the standardisation system is not delivering standards in time
and of sufficient quality.
Continued existence of national requirements and marks will be mitigated by
clearly defining the area regulated at the EU level.
Enable a harmonised framework to assess and communicate the
environmental performance of construction products.
Set up a digital structure compatible with the Digital Product Passport.
Promote the reuse of construction products.
Enhance market surveillance by strengthening enforcement powers and
aligning the performance of different market surveillance authorities and
30
“Supporting study for the Impact Assessment for the CPR review”, Contract No 575/PP/2016/FC, led
by Civic Consulting GmbH.
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possibly setting a minimum number of checks and minimum level of human
resources to be deployed in the market surveillance of construction products.
Enhance common decision-making amongst all authorities and notified bodies.
Mitigate overlaps with other EU legislation by introducing collision rules and
ensuring coherence.
Introduce a specific marking for construction products (European Construction
Product – ECP) to clarify that the marking refers to performance declaration and
not to conformity.
Targeted provisions and an empowerment for Member States to exempt
conditionally certain micro-enterprises from the CPR obligations.
Option C – Focusing the CPR
This option builds on the elements described in option B. However, in option C, the CPR’s
scope of application is limited to certain areas, depending on the following three sub-
options which can be combined:
Sub-option C1: Harmonised standards and Commission Acts containing
technical specifications would include only assessment methods for performance
calculation, with no performance threshold levels, classes or other requirements
to be established at EU level.
Sub-option C2: The CPR’s scope would focus on the core areas only, according
to the Member States’ regulatory needs, the relevance for the environment or for
product safety and the market relevance.
Sub-option C3: Member States would have the option to offer an alternative path
to market access based on national regulations and not relying on harmonised
standards and Commission Acts containing technical specifications.
Option D – Enhancing the CPR
Building on option B, requirements dealing with product inherent characteristics may also
be introduced to protect public health, safety and the environment. Such product-specific
requirements can be formulated via three sub-options/approaches (sub-options D1 and D2
could be combined):
Sub-option D1: new legislative framework approach for products requirements
(relying on standardisation developed by the European Standardisation
Organisations);
Sub-option D2: Common technical specifications approach (developed by or
under the supervision of the Commission);
Sub-option D 3: hybrid between D1 and D2.
Option E - Repealing the CPR
The CPR would be repealed. Trade in construction products would rely on mutual
recognition.
The preferred option
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Option D was found to be the preferred option because it paves the way for the objectives and
the main shortcomings of the CPR framework to be addressed with the highest degree of
effectiveness and coherence. This ensures the free movement of construction products within
the single market and fully responds to the ambitions stemming from the European Green
Deal and Circular Economy action plan. The main changes are as follows:31
Provide a clearer definition of the scope and inclusion of reused and 3D-printed
construction products and pre-fabricated houses.
Introduce a new empowerment for the Commission to (1) adopt technical
specifications via Commission acts for cases where the standardisation system is
not delivering on time and of sufficient quality; (2) set product requirements.
Introduce environmental, functional and safety product requirements for
construction products.
Establish a ‘harmonised zone’, a clearer division of Member States’ roles and a
mechanism to gather information on to exchange proactively on Member States’
regulatory needs or measures and address those in the respect of the single
market objectives.
Introduce a new obligation for manufacturers to provide a declaration of
conformity (compliance with product requirements) in addition to a declaration
of performance; possibility to provide information via electronic means.
Provide a list of general sustainability requirements (to be further defined per
product family in Commission acts/harmonised standards).
Introduce and improve simplification and exemption provisions for micro-
enterprises.
Strengthen enforcement powers of market surveillance authorities.
Extending the role of the product contact points for construction to support
economic operators.
Establish a new Commission system allowing any natural or legal person to
share complaints or reports related to possible breaches of the Regulation.
Align with the Ecodesign for Sustainable Products Regulation on climate and
environmental sustainability and on the Digital Product Passport.
Option D had envisaged replacing the CE marking by a new label (‘European Construction
Product’ or ‘ECP’ marking). However, there is also a risk that such a change could increase
the unclarity for economic operators instead of reducing it, especially during the transition
period while two markings would have been required. Therefore, the CE marking will be kept
and manufacturers will have to affix it on products for which they have drawn up a
declaration of performance or conformity.
While the study supporting the impact assessment concluded that option D may lead to
additional costs for the economic operators, mainly due to the introduction of environmental
performance information declaration, there were certain limitations linked to the data used.
Because of the additional simplification implied by option D, it may actually bring about net
reduction of around EUR 180 million in terms of administrative burden (see Annex III to the
impact assessment report).
31
See the detailed explanation of the specific provisions of the proposal for more information.
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• Regulatory fitness and simplification
The proposal will minimise compliance costs through a well-performing standardisation
process, by clearer provisions, incentivising re-use of products, less additional national
requirements and creating a level playing field for all manufacturers, especially SMEs, in all
Member States. Moreover, the planned work sharing and the technical fine-tuning with the
Ecodesign for Sustainable Products Regulation will avoid unnecessary costs for businesses,
especially SMEs.
The proposal makes maximum use of the potential of digitalisation to reduce administrative
burden, considering that the CPR does not provide for the application of digital tools. All of
the proposal’s related information and documentation may be processed in digital form (e.g.
Digital Product Passport) and stored, shared and accessed durably in an information system.
This will lead to greater transparency along supply chains, allow construction products’ data
to be stored in building logbooks and used for calculations required under other legislation
(e.g. Energy Performance of Buildings Directive). This will also facilitate market
surveillance.
Further reducing the administrative burden for manufacturers will be achieved by eliminating
the overlap between the CE marking and the declaration of performance. Member States will
also be able to exempt micro-enterprises not trading across borders from the obligations.
By introducing a new empowerment for the Commission to introduce a minimum number of
checks to be performed by market surveillance authorities, the proposal aims to improve the
uneven application of the CPR rules on the market. This may require more capacity for
market surveillance authorities, but will allow better support for Member States in exercising
their responsibility to ensure the safety and sustainability of construction works.
• Fundamental rights
The proposal has no impact on the protection of fundamental rights.
4. BUDGETARY IMPLICATIONS
The proposal will require additional resources to effectively manage the CPR framework. The
requested increase in staff needs of 7 FTE32 is proportionate to the objectives. Commission
staff will carry out the following main activities:
Develop and implement the CPR;
Develop secondary legislation (implementing and delegated acts);
Develop and manage standardisation requests and Commission acts;
Assess and cite harmonised technical specifications;
Develop common technical specifications;
Liaise with the European Standardisation Organisations on pre-standardisation
work and standardisation;
Engage with stakeholder on technical issues;
Provide support to Member State authorities;
32
See the legislative financial statement annexed.
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Provide training to Member States authorities, notified bodies and other bodies;
Provide guidance to Member States and businesses.
These activities are of a legal, technical and administrative nature and need to be carried out
within (or, in some cases, under the supervision of) Commission departments. In this context,
staff numbers in charge of managing the current CPR framework would need to be increased
and supported by other Commission departments (i.e. JRC) or by use of outsourcing. In
particular, for the scientific and technical support to the preparation of delegated and
implementing acts and to horizontal tasks. The degree to which the proposal will be able to
respond to the objectives will largely dependent on the Commission resources available.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
The Commission will monitor the implementation, the application and compliance with these
new provisions to assess their effectiveness. Policy monitoring and evaluation related to the
proposal would be centred around the core issues to be addressed by the revision: functioning
of the standardisation process, availability of environmental and product safety information,
and environmental and product safety requirements incorporated in technical specifications,
impacts on the functioning of the market surveillance.
It is proposed that an evaluation of the proposal should take place no sooner than 8 years after
the date of application, allowing the results and impacts of the new rules to take shape.
• Explanatory documents (for directives)
As the legal instrument is a Regulation, which is directly applicable in the Member States,
there is no need for an explanatory document.
• Detailed explanation of the specific provisions of the proposal
Chapter I of the Regulation contains the general provisions.
Article 1 describes the subject matter, explicitly referring to environmental, climate and safety
performance of construction products in relation to their essential characteristics, as well as to
environmental, climate, functional and safety product requirements.
Article 2 defines the scope, including construction products, 3D-printing related products and
services, key parts, part or materials if requested by the manufacturer, kits or assemblies
covered harmonised technical specification or EADs, pre-fabricated one-family houses. In
specified cases, the Regulation also applies to used products. Compared to the CPR, the scope
is amended to avoid overlaps e.g. with the Drinking Water Directive33 and the Urban Waste
Water Directive.34
Article 3 lays down the definitions.
Article 4 defines the basic work requirements and modalities to establish the essential
characteristics (performance-based, e.g. recycled content) of construction products. This will
be done based on the basic requirements for construction works set out in Part A of Annex I
and, together with assessment methods, will form part of standards rendered mandatory for
purposes of application of this Regulation. The Commission is also empowered to adopt
33
Directive (EU) 2020/2184 of the European Parliament and of the Council of 16 December 2020 on the
quality of water intended for human consumption, EUR-Lex - 32020L2184 - EN - EUR-Lex (europa.eu).
34
Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment, EUR-Lex -
31991L0271 - EN - EUR-Lex (europa.eu).
EN 12 EN
delegated acts defining thresholds and classes of performance in relation to the essential
characteristics. In addition, in case of delays or deficiencies of the standardisation process, the
Commission is empowered to adopt delegated acts containing technical specifications.
Furthermore, the Commission is empowered to amend Annex I Part A, through delegated
acts, in the light of technical progress or to cover new risks and environmental aspects.
Article 5 states that all products covered by the Regulation need to satisfy the generic, directly
applicable requirements and the respective product family or category requirements, set out in
Annex I Part D. It also gives the empowerment to the Commission to adopt delegated acts
defining more precisely product requirements according to Annex I Part B, C and D. These
delegated acts may be further complemented by voluntary harmonised standards developed
under a standardisation request. In addition, the Commission is also empowered to amend
Annex I Part B, C and D, through delegated acts, in the light of technical progress or cover
new risks and environmental aspects.
Article 6 provides an empowerment for the Commission to determine the applicable
assessment and verification system, including the additional steps needed to counter
systematic non-compliances.
Article 7 defines the ‘harmonised zone’, as opposed to the areas under the responsibility of
Member States. In addition, it sets up a mechanism to deal with Member States imperative
regulatory needs on health, safety or protection of the environment, including climate.
Article 8 provides for an empowerment to adopt delegated acts determining to avoid double
assessment of products under this Regulation and other Union law.
Chapter II (Articles 9 to 18) sets out the procedure, declarations and marking.
Articles 9 to 12 govern the declaration of performance (DoP) and its applicable exemptions
(including for micro-enterprises who do no trade cross-border, under certain conditions: for
remanufactured products or for parts of construction works prepared for re-use or
remanufactured).
Articles 13 and 14 lay down rules on declaration of conformity (DoC, conformity with
product requirements pursuant to Article 5). To minimise the administrative burden, the DoC
shall be combined with the DoP.
Under Article 15, a DoP and a DoC can be supplied in an electronic format or via a
permalink. They shall be supplied in the languages required by the Member States where the
manufacturer intends to make the product available.
Articles 16 to 18 set the general principles and conditions for the CE marking and for use of
other markings.
Chapter III (Articles 19 to 33) defines the rights and obligations of economic operators. It sets
out general and detailed obligations for manufacturers, including on how to use the relevant
harmonised technical specification (harmonised standards and delegated acts) to assess and
declare the performance of the product.
In particular, Article 22 defines the environmental obligations for manufacturers including the
obligation to declare the mandatory sustainability characteristics set out in Annex I Part A
Section 2, the global warming potential, and performance-based requirements or the minimum
recycled content. Following the adoption of delegated acts for a given product family, the
manufacturers are also required to
EN 13 EN
– Design and manufacture products and their packaging in such a way that their
overall environmental and climate sustainability reaches the state of the art
level.
– Give preference to recyclable materials and materials produced from recycling;
– Respect the minimum recycled content obligations and other limit values for
environmental sustainability contained in harmonised technical specifications;
– Prevent premature obsolescence of products, use reliable parts and design
products in such a way that their durability does not fall below the average
durability of products for their respective category;
– Design products in such a way that they can be easily repaired, refurbished and
upgraded.
Further Articles define the specific obligations of authorised representatives (Article 23),
importers (Article 24) such as to ensure that products remain safe while under their control, to
check that the manufacturer has fulfilled their general obligations, distributors (Article 25),
obligations of fulfilment service providers, brokers, online market places, online sellers and
online shops (thereby integrating them into a compliance-ensuring architecture) (Article 27)
and 3D-printing providers (Article 28). It thus introduces provisions allowing the framework
to address also the new business models. It also introduces new specific obligations of
economic operators de-installing or dealing with used products for re-use or remanufacturing
(Article 29) and obligations for double use and pseudo products (Article 31). It regulates
online or distance sales of construction products (Article 32).
Chapter IV (Articles 34 to 42) contains rules on construction products standards and European
assessment documents (EADs). It includes mandatory application for all performance-based
requirements and voluntary for inherent product requirements. It establishes rules for the
EADs and their relationship with the DoP and DoC (Article 35), EADs development,
adoption (Article 36) and publication (Article 38), the content requirements for the EADs
(Article 40) and for addressing the unjustified proliferation of EADs (Article 36). It also
governs rules for dispute resolution in cases of disagreement among technical assessment
bodies (TABs) (Article 39).
Chapter V (Articles 43 to 46) establishes requirements for designating authorities in charge of
TABs and rules on how to designate, monitor and evaluate them. It also introduces
empowerments to the Commission to lay down the requirements for TABs in terms of staffing
and to set out the coordination tasks of TABs.
Chapter VI (Articles 47 to 63) describes the role of notifying authorities (Article 48)
requirements applicable to these authorities (Article 49), including most important operational
and information obligations. It establishes the requirements for the notified bodies (Art. 50),
their operational obligations (Article 60) and information obligations (Article 61) and lists the
obligations of a notified body with regard to its subcontractor or subsidiary (Article 53). It
also lays down the rules on the use of facilities other than the testing laboratory of the notified
body (Article 54). A procedure for Member States and the Commission raising formal
objections to harmonised standards for accreditation is envisaged (Article 52).
Chapter VII (Articles 64 to 67) provides for simplified procedures. In order to reduce the
administrative burden, particularly for SMEs and micro-enterprises, this chapter lays down
simplification procedures, including Article 64 on using appropriate technical documentation,
Article 65 allowing micro-enterprises to use the more lenient verification system, Article 66
reducing the requirements for custom-made non-series products installed in an identified
EN 14 EN
single construction work, Article 67 on the recognition of the assessment and verification of
another notified body.
Chapter VIII (Articles 68 to 76) sets out rules on market surveillance and safeguard
procedures. Article 68 empowers the Commission to set up a system allowing any natural or
legal person to share complaints or reports on possible non-compliances with this Regulation.
Article 70 provides for how to deal with non-compliance, Article 71 for the EU safeguard
procedure for cases in which the Member States can validly refer to imperative grounds of
health, safety or protection of the environment. Article 72 sets out rules to deal with
complying products presenting a risk. Article 73 contains an empowerment for the
Commission to lay down a minimum number of checks to be performed by market
surveillance, as well as to lay down minimum human resources to be deployed by the market
surveillance authorities for construction products. Article 74 provides for market surveillance
coordination and an administrative cooperation group (ADCO). To strengthen the capacities
of market surveillance authorities, market surveillance authorities have the right to recoup the
costs of inspections and testing from economic operators (Article 75). Market surveillance
authorities are required to report annually to the Commission on their activities (Article 76).
Chapter IX (Articles 77 to 81) defines the principles on information and administrative
cooperation. It is introduced to strengthen the overall system and the application of the
Regulation, to avoid diverging decisions that could create an uneven playing field.
In line with these objectives, Article 77 establishes and maintains an information and
communication system to ensure a harmonised interpretation and application of this
Regulation.
Article 78 empowers the Commission to set up an EU construction products database or
system to facilitate the access to product information (especially DoP, DoC and instructions
for use). Article 79 revises the rules on the product contact points for construction in order to
better support the economic operators. Article 80 requires the market surveillance authorities,
product contact points for construction, designating authorities, TABs, notifying authorities
and notified bodies to remain up-to-date in their area of work and to receive training on the
common interpretation and application of the rules. It also requires the Commission to
organise the training at least once a year. Article 81 allows Member States to jointly designate
authorities to fulfil their obligations under the Regulation and to share resources and
responsibilities.
Chapter X (Article 82) sets the conditions for a cooperation with non-EU countries, also with
a view of limiting the negative effects of non-compliance of economic operators based in
these countries on the single market.
Chapter XI (Articles 83 and 84) addresses Member States’ incentives and green public
procurement. Article 83 sets out the approach for the Member States to incentivise the use of
more sustainable construction products. Article 84 empowers the Commission to develop
sustainability requirements for green public procurement of construction products.
Chapter XII (Article 85) empowers the Commission to determine whether a specific item is a
construction product.
Chapter XIII (Article 86) amends Regulation (EU) 2019/1020 so that Regulation (EU)
2019/1020 also applies to construction products.
Chapter XIV (Articles 87 to 94) sets out the final provisions. Article 87 lays down the
conditions for the adoption of delegated acts in the Regulation. Article 88 mandates the role
of the Standing Committee on Construction. Under Article 91, Member States shall lay down
EN 15 EN
the rules that apply to penalties for breaching with the Regulation. Article 91 requires an
evaluation of the Regulation no sooner than eight years after the date of application of the
Regulation. Article 93 provides transitional provisions, permitting the phased transfer of all
harmonised standards from the CPR to the new Regulation and thus a smooth phasing-in for
economic operators. Article 94 provides for the date of entry into force and the date of
application of the Regulation.
Similarly to the CPR, the enacting terms of the proposal are accompanied by several annexes,
namely:
– Annex I on the basic requirements for construction works (Part A), as in the
CPR, and on new elements: performance-based product requirements (Part B),
inherent product requirements, particularly related to safety and environment
(Part C) and information requirements (Part D);
– Annex II on the content of the declaration of performance (DoP) and
declaration of conformity (DoC);
– Annex III on the procedure for adoption of a European assessment document
(EAD);
– Annex IV on the product areas and requirements for technical assessment
bodies (TABs);
– Annex V on the Assessment and Verification Systems;
– Annex VI on the essential characteristics for which a reference to a relevant
harmonised technical specification is not required in the context of notification
of notified bodies;
– Annex VII on the correlation table.
EN 16 EN
2022/0094 (COD)
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
laying down harmonised conditions for the marketing of construction products,
amending Regulation (EU) 2019/1020 and repealing Regulation (EU) 305/2011
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular
Article 114 thereof,
Having regard to the proposal from the Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) Regulation (EU) No 305/2011 of the European Parliament and of the Council was
adopted in the context of the internal market, in order to harmonise conditions for the
marketing of construction products and to remove obstacles to trade in construction
products between Member States.
(2) In order for a construction product to be placed on the market, the manufacturer is
obliged to draw a declaration of performance for such product. The manufacturer
assumes the responsibility for the conformity of the product with such declared
performance. Certain exemptions to this obligation are provided.
(3) Experience with the implementation of Regulation 305/2011, the evaluation conducted
by the Commission in 2019 as well as the report on the European Organisation for
Technical Assessment have shown the underperformance of the framework in various
respects, including as regards the development of standards and the market
surveillance. In addition, feedback received in the course of the evaluation has pointed
to the need of reducing the overlaps, contradictions and repetitive requirements,
including in relation to other Union legislation, in order to provide more legal clarity
and limit the administrative burden on the economic operators. It is therefore
necessary to lay down more specific and detailed legal obligations for economic
operators, as well as new provisions including as regards technical specifications and
market surveillance, so that legal certainty is increased and that diverging
interpretations are avoided.
(4) It is necessary to establish well-functioning information flows, including via electronic
means, to ensure that coherent and transparent information about construction
products performances is available along the supply chain. This is expected to increase
transparency and to improve efficiency in terms of information transfer. Ensuring
digital access to comprehensive information about construction products would
EN 17 EN
contribute to the digitalisation of the construction sector altogether, making the
framework fit for the digital age. Access to reliable and durable information would
also mean that economic operators and other actors do not contribute to each other’s
non-compliance.
(5) The European Parliament resolution of 10 March 2021 on the implementation of
Regulation (EU) No 305/201135 welcomed the Commission’s objective to make the
construction sector more sustainable by addressing the sustainability performance of
construction products in the revision of Regulation 305/2011, as announced in the
Circular Economy Action Plan. The Council Conclusions on the Circular Economy in
the Construction Sector from 28 November 201936 urged the Commission to facilitate
the circularity of construction products when revising the Construction Products
Regulation (EU) No 305/2011. The Commission Communication ‘A New Industrial
Strategy for Europe’37 stressed the need to address the sustainability of construction
products and highlighted a more sustainable built environment as essential for
Europe’s transition towards climate-neutrality. The Commission Communication
‘Updating the 2020 New Industrial Strategy: Building a stronger Single Market for
Europe’s recovery’38 identified construction as one of the priority ecosystems that face
the most important challenges meeting climate and sustainability goals and embracing
the digital transformation, and on which the competitiveness of the construction sector
depends. It is therefore appropriate to lay down rules for declaring environmental and
sustainability performance of construction products, including the possibility of
establishing relevant thresholds and classes.
(6) Similarly, the 2022 EU Strategy on Standardisation39 identified construction as one of
the most pertinent areas where harmonised standards could improve competitiveness
and reduce market barriers.
(7) Pursuing the environmental goals, including the fight against climate change, makes it
necessary to establish new environmental obligations and to lay the ground for the
development and the application of an assessment method for the calculation of the
environmental sustainability of construction products. For the same reason, it is
necessary to extend the range of regulated economic operators, since distributors,
suppliers and manufacturers all have a role to play in the calculation of the
environmental sustainability in the construction sector. That range should therefore be
extended into two directions, downstream from the distributors to the economic
operators preparing re-use and remanufacturing of construction products and upstream
from the manufacturer over the suppliers of intermediate products and/or raw
35
European Parliament resolution of 10 March 2021 on the implementation of Regulation (EU) No
305/2011 laying down harmonised conditions for the marketing of construction products (the
Construction Products Regulation) (2020/2028(INI))
36
Circular Economy in the Construction Sector – Council Conclusions, adopted 28 November 2019,
14653/19
37
Communication from the Commission to the European Parliament, the European Council, the Council,
the European Economic and Social Committee and the Committee of the Regions A New Industrial
Strategy for Europe COM(2020)102 final.
38
Communication from the Commission to the European Parliament, the European Council, the Council,
the European Economic and Social Committee and the Committee of the Regions Updating the 2020
New Industrial Strategy: Building a stronger Single Market for Europe’s recovery COM(2021)350
final.
39
Communication from the Commission of 2 February 2022 to the European Parliament, the European
Economic and Social Committee and the Committee of the Regions, ‘An EU Strategy on
Standardisation Setting global standards in support of a resilient, green and digital EU single market’,
COM/2022/31 final
EN 18 EN
materials. Moreover, certain operators coming into play in the context of dismantling
used products or other parts of construction works or remanufacturing and re-use
thereof need to contribute to a safe second life of construction products.
(8) To ensure safety and functionality of construction products and, by extension, of
construction works, it is necessary to avoid that items that are not intended by their
manufacturers to be construction products are placed on the market as construction
products. Importers, distributors and other downstream economic operators should
therefore ensure that those pseudo construction products are not sold as construction
products. Moreover, certain service providers such as fulfilment service providers or
3D-printing service providers should not contribute to the non-compliances of other
economic operators. It is therefore necessary to render relevant provisions applicable
also to these services and their providers.
(9) It is possible that different economic operators provide a 3D-printing dataset, a 3D-
printing machine or mould, and the material to be used therein, leading to a situation
where none of those operators would be responsible for the safety and appropriate
performance of the 3D-printed product. To avoid possible safety risks in this respect, it
is therefore necessary to lay down provisions for 3D-printing datasets, materials
intended to be used for 3D-printing and for 3D-printing services that permit 3D-
printing of construction products, so that, by respecting these provisions, the economic
operators jointly reach a level of safety similar to the one ensured for ordinary
construction products.
(10) In order to ensure safety and protection of the environment and to close a regulatory
loophole that would otherwise exist, it is necessary to clarify that construction
products manufactured on the construction site for immediate incorporation into the
construction works are subject to the same rules as other construction products. Micro-
enterprises, however, often individually manufacture and install products on site.
Subjecting those micro-enterprises under all circumstances to the same rules as other
enterprises would disproportionally affect those micro-enterprises. It is therefore
necessary to enable Member States to exempt micro-enterprises from drawing up a
declaration of performance in specific situations, where the interests of other Member
States are not affected.
(11) Ensuring the free movement of kits or assemblies of construction products on the
internal market will bring tangible benefits to citizens, consumers and businesses,
particularly. However, for reasons of legal certainty, their composition should be
precisely defined in harmonised technical specifications or European assessment
documents.
(12) Creating a Union market for small prefabricated one-family houses has a potential to
reduce the price of housing and to have positive social and economic effects. Fairness
to consumers remains a priority, specifically but not limited to ensuring affordability
of housing in the context of the green transition, in line with Proposal for Council
Recommendation on Ensuring a fair transition towards climate neutrality40, in
particular recommendations 7 a)-c). It is therefore necessary to lay down harmonised
rules for such small houses. However, small houses are also construction works, for
which the Member States are competent. As it might not be possible to integrate
cumulatively all national requirements for small prefabricated one-family houses into
the future harmonised technical specifications, Member States should have the right to
40
Proposal for a Council Recommendation on Ensuring a fair transition towards climate neutrality
COM(2021)801final 2021/0421 (NLE)
EN 19 EN
opt out of the application of rules that are to apply to those pre-fabricated one-family
houses.
(13) The compliance of construction products with Union legislation often depends on the
compliance of their key parts with that legislation. However, because key parts are
often integrated into various construction products, the protection of safety and of the
environment, including climate, is better achieved when those key parts are assessed
upstream, that is when the performance and conformity of key parts will be assessed
beforehand and independently from the assessment of the final construction product
into which they are integrated. Similarly, market surveillance becomes more efficient
when non-compliant key parts can be identified and targeted. Hence, it is necessary to
lay down rules applicable to key parts of construction products.
(14) Construction products that have already been assessed and are reused should not be
subject to the rules that apply to new construction products. However, used
construction products that have never been placed on the Union market before, should
be subject to the same rules as new construction products, given that such products
have never been assessed.
(15) To ensure that safety and functionality of construction products is safeguarded, rules
applicable to new construction products should also apply to used construction
products where the intended use is changed, except to decoration purposes, for used
construction products with unclear initial intended use, for used construction products
which have undergone an important transformative process and for used construction
products for which an economic operator claims additional characteristics or the
fulfilment of product requirements.
(16) The fact that used construction products should, in principle, not undergo a new
assessment, should not prevent the economic operator from having those construction
products assessed if that helps to make the use of those used construction products
more attractive by proving that those construction products still have certain
characteristics or fulfil the applicable product requirements.
(17) Construction products placed on the market in the outermost regions of the European
Union are often imported from neighbouring countries, and are therefore not subject to
requirements laid down in Union law. Subjecting those construction products to such
requirements would be disproportionately costly. At the same time, construction
products manufactured in the outermost regions hardly circulate in other Member
States. Accordingly, Member States should have the possibility to exempt construction
products placed on the market or directly installed in the outermost regions of the
European Union from those requirements.
(18) In order to strive for a maximum of regulatory coherence, this Regulation should to
the extent possible build on the horizontal legal framework, in this case namely on
Regulation (EU) No 1025/2012 of the European Parliament and of the Council. It
follows the recent trend in product legislation to develop a fall-back solution where the
European Standardisation Organisations do not deliver harmonised standards which
can be cited in the Official Journal. As no harmonised standards for construction
products could be cited in the Official Journal since late 2019 and only some dozen
since Regulation (EU) No 305/2011 came into force, the new back-up empowerments
for the Commission should be even more comprehensive, permitting to optimise the
overall output of technical specifications so to catch up the delay in the adaptation to
technical progress.
EN 20 EN
(19) Where harmonised standards lay down the rules for the assessment of performances
with regard to essential characteristics relevant for the construction codes of Member
States, harmonised standards should be rendered mandatory for purpose of application
of this Regulation, as only such standards reach the goal of permitting the free
circulation of products, whilst ensuring the Member States’ ability to request safety
and environmental, including climate-related, product characteristics in view of their
specific national situation. When pursued together, these two goals require that
products are assessed by a single assessment method, therefore the method needs to be
mandatory. However, voluntary standards can be used to make product requirements,
specified for the relevant product family or category by Delegated Acts, even more
concrete, following the path of Decision 768/2008 of the European Parliament and of
the Council. In line with Decision 768/2008, those standards should be able to provide
a presumption of conformity with the requirements covered by them.
(20) In order to contribute to the objectives of the European Green Deal and the Circular
Economy Action Plan, and to ensure safe construction products, safety being one of
the goals to be pursued in the legislation based on Article 114 of the Treaty on the
Functioning of the European Union (TFEU), inherent product requirements related to
safety, functionality and protection of environment, including climate, are necessary.
When setting these requirements, the Commission should take into account their
potential contribution to achieving Union climate, environmental and energy
efficiency objectives. These requirements do not merely relate to the performance of
construction products. Contrary to its predecessor Directive 89/106/EC, Regulation
(EU) No. 305/2011 does not provide for the possibility to establish such inherent
product requirements. However, certain harmonised standards for construction
products contain such inherent product requirements which can relate to environment,
to safety or simply to the good functioning of the product. These standards
demonstrate that there is a practical need for such requirements on safety, the
environment or simply the functioning of products. Article 114 TFEU as the legal base
of this Regulation also imposes the pursuit of a high level of protection of the
environment, health and human safety. Thus, this Regulation should (re-)introduce or
validate inherent product requirements. Whilst these requirements need to be laid
down by the legislator, there is a need for specifying them for the more than 30
product families, each with several categories. Hence, the power to adopt acts in
accordance with Article 290 of the Treaty on the Functioning of the European Union
should be delegated to the Commission to specify the requirements for the respective
construction product family or category.
(21) Manufacturing and distribution of construction products becomes ever more complex,
leading to the emergence of new specialised operators, such as fulfilment service
providers. For reasons of clarity, certain generic obligations, including on cooperation
with authorities, should be applicable to all those involved in the supply chain, the
manufacturing, the distribution, own-brand-labelling, the repackaging or secondary
trade, installation, de-installation for re-use or remanufacturing, and the
remanufacturing itself. Moreover, suppliers should be obliged to cooperate with
market surveillance authorities for purposes of environmental sustainability
assessment. For those reasons and to avoid repetition of obligations, the term
‘economic operator’ should be defined widely, encompassing all those actors so that
basic generic obligations can in one strike be established for all of them.
(22) In order to foster harmonised practices amongst Member States even where a
consensus about these practices could not be found, the Commission should be
EN 21 EN
empowered to adopt, with regard to a limited range of issues, implementing acts on the
implementation of this Regulation. The respective empowerments concern the
definitions, the obligations and rights of economic operators and the obligations and
rights of notified bodies.
(23) In order to improve the legal certainty and to mitigate the fragmentation of the EU
market for construction products due to the existence of national requirements and
marks, it is necessary to clearly define the area regulated at the EU level, the so-called
‘harmonised zone’, as opposed to the elements remaining within the remit of Member
States’ national regulatory sphere.
(24) At the same time, in order to strike a balance between mitigating the fragmentation of
the market and the legitimate interests of Member States to regulate construction
works, it is necessary to provide for a mechanism to better integrate Member States’
needs into the development of harmonised technical specifications. For the same
reason, a mechanism allowing Member State to set, based on imperative grounds of
health, safety or environmental protection, additional requirements for construction
products should be established.
(25) A circular economy, the key element of the Circular Economy Action Plan, can be
promoted by mandatory deposit-refund systems and the obligation to take back unused
products. Member States should therefore be allowed to take such measures.
(26) In order to enhance legal clarity and reduce the administrative burden for the economic
operators, it is necessary to avoid that construction products are subject to multiple
assessments regarding the same aspect of health, safety or protection of the
environment, including climate, under different Union legislation. This was confirmed
by the REFIT platform recommending that the Commission gives priority to
addressing the problems of overlapping and repetitive requirements. The Commission
should thus be able to determine the conditions under which the fulfilment of
obligations under other Union law also fulfils certain obligations of this Regulation,
where otherwise the same aspect of health, safety or protection of the environment,
including climate, would be assessed in parallel under this Regulation and other Union
law.
(27) Moreover, in order to avoid diverging practices of Member States and economic
operators, the power to adopt acts in accordance with Article 290 TFEU should be
delegated to the Commission to determine whether certain construction products fall
within the definition of construction product.
(28) In particular, in the case of energy-related products included in ecodesign working
plans which are also construction products and for intermediary products, with the
exception of cement, priority for the setting of sustainability requirements will be
given to the [ESPR]. This should be the case for instance for heaters, boilers, heat
pumps, water and space heating appliances, fans, cooling and ventilating systems and
photovoltaic products, excluding building-integrated photovoltaic panels. This
Regulation may still intervene in a complementary manner where needed, mainly in
relation to safety aspects also taking account of other Union legislation on products
such as on gas appliances, low voltage, and machinery. For other products, in order to
avoid unnecessary burden for economic operators, the need may arise in future to
determine the conditions under which the fulfilment of obligations under other Union
law also fulfils certain obligations under this Regulation. The power to adopt acts in
accordance with Article 290 TFEU should be delegated to the Commission to
determine such conditions.
EN 22 EN
(29) In order to create an incentive for compliance, the manufacturer of construction
products should be liable for incorrect declarations of performance and conformity.
(30) The increased use of re-manufactured products is part of a shift towards a more
circular economy and a reduction of the environmental and carbon footprint of
construction products. Moreover, the market of re-manufacturing is currently not very
developed and requirements for remanufactured products vary widely amongst
Member States. Therefore and to respect the subsidiarity principle, Member States
should have the possibility to exempt re-manufactured products from the obligation to
draw up a declaration of performance. Such exemption should however not be
possible for products that are not suitable for remanufacturing or where interests of
other Member States are at stake.
(31) To enhance access to easily available and comprehensive information on construction
products, thereby contributing to their safety, functionality and sustainability, it should
be ensured that the declaration of performance provides all information necessary for
users and authorities. In view of its utility for users, manufacturers should be able to
include into that declaration additional information, provided that the declarations of
performance remain uniform and easily readable and that they are not abused as
advertisement.
(32) To render the reuse and remanufacturing of construction and the use of surplus
construction products nonetheless possible at large scale, an alleviated procedure for
drawing up the declaration of performance should be set out for those construction
products. In the case of surplus construction products, where alteration by use is
excluded, the alleviated procedure should be limited to those cases where the initial
manufacturer refuses to take responsibility for the surplus construction product, as it is
always preferable that construction products remain under responsibility of the initial,
competent manufacturer where they have not been altered.
(33) In order to reduce the burden for economic operators and in particular manufacturers,
economic operators issuing declarations of performance and declarations of
conformity should provide those declarations by electronic means, be authorised to
provide those declarations by permalink to an unamendable document or to include in
those declarations permalinks to unamendable documents.
(34) In order for the manufacturers to demonstrate that the construction products
benefitting from the free movement of goods fulfil relevant Union requirements, it is
necessary to require a declaration of conformity complementing the declaration of
performance, thus also bringing the regulatory system for construction products closer
to Regulation (EC) No 765/2008. However, in order to minimise the potential
administrative burden, the declaration of conformity and the declaration of
performance should be combined and provided by electronic means. The
administrative burden on SMEs should be further minimised through targeted
simplification provisions, including on the use of appropriate technical documentation
replacing type testing, permitting micro-enterprises to use the more lenient verification
system and reducing the requirements for custom-made non-series products installed
in an identified single construction work. The Member States should also have the
possibility to exempt micro-enterprises which do not trade cross-border from the
obligation to draw a declaration of performance.
(35) In order to reach alignment with other product legislation and subject to the general
principles of Regulation (EC) No 765/2008, the CE marking should be affixed to
construction products for which the manufacturer has drawn up a declaration of
EN 23 EN
performance or conformity. The manufacturer thereby takes the responsibility for the
conformity of the product with the declared performance and applicable product
requirements.
(36) To ensure safety, functionality and sustainability of construction products, and by
extension of construction works, all economic operators intervening in the supply and
distribution chain should take appropriate measures to ensure that they place or make
available on the market only construction products which are in compliance with the
binding Union requirements. In order to improve the legal clarity, it is necessary to set
explicitly the obligations of economic operators.
(37) It is necessary for manufacturers of construction products to determine the product
type in a precise and unequivocal manner in order to ensure a precise basis for
assessing the compliance of such product with Union requirements. At the same time,
in order to avoid circumvention of the applicable requirements, manufacturers should
be prohibited from creating ever new product types where the products in question are,
in view of the crucial characteristics, identical.
(38) To avoid misleading claims, any claims made by manufacturers of construction
products should either be based on an assessment method contained in harmonised
technical specifications or, where no such assessment method exists, on methods
representing the best available techniques, where no such assessment method provided
by a harmonised technical specification exists.
(39) Technical documentation about construction products, drawn by the manufacturer,
facilitates the verification of those products by authorities and notified bodies against
the Union requirements. To enhance access to comprehensive information, that
technical documentation should include an assessment of the environmental
sustainability of the construction product.
(40) To create transparency for users of construction products and to avoid inappropriate
use of those products, construction products and their intended use should be precisely
identified by the manufacturer. For the same reason, the manufacturer should make
clear whether the construction products are intended for professional use only, or also
for use by consumers. To ensure that construction products can be traced back,
manufacturers should be indicated on the product or, where this is not possible e.g.
due to the product’s size or surface, on its packaging or, where that is not possible
either, in a document accompanying it.
(41) To ensure that requirements of this Regulation are fulfilled, manufacturers should
actively search, store and evaluate information and take appropriate measures where
non-conformity or under-performance has been confirmed or where there is a risk.
(42) To optimise the pursuit of the goals of the European Green Deal and of the Circular
Economy Action Plan, the manufacturers should be obliged to reach a fair level of
environmental sustainability, both for their products and their manufacturing. This
obligation requires trade-off-decisions between different environmental aspects and
between environmental and safety aspects, whilst both environmental and safety
aspects can relate to the product as such or to the construction works. To give
manufacturers certainty about how to make these trade-off decisions, this Regulation
should set out clear trade-off rules.
(43) With the goals of ensuring sustainability and durability of construction products,
manufacturers should ensure that products can be used for a very long time. Such long
EN 24 EN
use requires adequate design, use of reliable parts, reparability of products, availability
of information on repair and access to replacement parts.
(44) In view of enhancing the circularity of construction products, in line with the goals of
the Circular Economy Action Plan, manufacturers should favour re-use,
remanufacturing and recycling of their products. The (preparation for) re-use,
remanufacturing and recycling require certain design, namely by facilitating the
separation of components and materials at the later stage of recycling and avoiding
mixed, blended or intricate materials. As the usual instructions for use will not
necessarily reach the economic operators in charge of (preparation for) re-use,
remanufacturing and recycling, the necessary information in this regard should be
made available in product databases or systems and on the manufacturer’s websites, in
addition to the instructions for use.
(45) To deliver safe, functional and environmentally sustainable construction products, it is
necessary to establish comprehensive sustainability and safety obligations for
manufacturers. Given the importance of these obligations and achieving the right
balance between the functionality, safety and sustainability, the Commission should be
empowered to determine the conditions by delegated acts under which, for a specific
product family or category, these obligations are fulfilled or presumed to be fulfilled.
(46) Some construction products become waste though they were never used. To avoid this
waste of resources, manufacturers should accept to regain, directly or via their
importers and distributors, ownership of products that, after delivery onto a
construction site or to the user, have not been used and are in a state equivalent to the
one in which they were placed on the market.
(47) In order to be able to make informed choices, users of construction products should be
sufficiently well informed about the environmental performances of products, about
their conformity with environmental requirements and of the degree of fulfilment of
manufacturer’s environmental obligations in this regard. Therefore, the Commission is
empowered to adopt delegated acts to establish specific labelling requirements which
might include the easily understandable traffic light labelling.
(48) Certain manufacturer’s obligations, such as assessment of environmental sustainability
or giving preference to recyclable materials, can hardly be fulfilled in case of used,
remanufactured or surplus products. Economic operators enabling reuse or
undertaking remanufacturing should thus be exempted from these obligations, the
more so as the reuse and remanufacturing are beneficial to the environment.
(49) The authorised representatives are often the only reachable persons in case of imported
products whilst manufacturers often attribute to them very limited tasks and do not
provide them with all the necessary information to effectively represent the
manufacturers. Hence, the role and responsibilities of authorised representatives
should be clarified and strengthened.
(50) An economic operator who modifies a product in such a way that its performance or
safety might be affected should be subject to the obligations of manufacturers, to
ensure the verification whether performance or safety of the product are still the same.
However, this obligation should not be imposed on an economic operator who
repackages products to make them available in another Member State, as otherwise
secondary trade and thus free circulation of products would be hampered and
repackaging in principle should not affect performance nor safety of the construction
product. Still, and with the aim to preserve the performance and safety of products, the
EN 25 EN
economic operator undertaking the repackaging should be responsible for the correct
execution of these operations to ensure that the product is not damaged and that the
users are still correctly informed in the language set out by the Member State where
the products are made available.
(51) In order to increase compliance of manufacturers with the obligations under this
Regulation and to contribute to addressing the identified shortcomings and improve
the market surveillance, service providers, online market places and brokers should be
empowered and requested to verify certain easily verifiable characteristics of products
and their manufacturers, such as determination of product type and drawing up a
comprehensive technical documentation, and should actively contribute to ensuring
that only compliant products reach the users.
(52) In order to avoid that 3D-printing is used to circumvent the obligations under this
Regulation, 3D-printing service providers should have certain information obligations.
(53) The safe use of used and re-manufactured products often depends on precise
information on their first use. Economic operator de-installing used products for re-use
or remanufacturing should therefore take protocols on the place, conditions and
presumed length of use of the de-installed product.
(54) The performance and safety of products also depend on the components used and on
the services provided by calibrators or other service providers for their design and
manufacturing. For these reasons, certain obligations should be established for
suppliers of components and service providers involved in the manufacturing of
products. Where a non-compliance or risk might have been caused by a supplied
component or service of a certain economic operator, the supplier or service provider
should inform thereof his other clients who have received the same component or
service, so that non-compliances and risks can be effectively tackled for other products
too.
(55) Certain items used for construction have multiple potential purposes. Their
manufacturers should have the freedom to decide whether these items are intended for
construction or not, also in order to avoid that they have to undergo performance and
conformity assessment where not necessary. However, if they decide that a certain
item is not intended for construction whilst it could be used for it (“pseudo product”),
the manufacturers and other economic operators should ensure that it is not used in
construction works. Otherwise some of the items would end up in construction whilst
not fulfilling the requirements of this Regulation.
(56) For the same reason, where, however, manufacturers of items which can, by nature, be
used for construction and for other purposes (“double use products”), do not explicitly
exclude the use for construction, they should fulfil the obligations under this
Regulation for all the items of the respective type.
(57) To clarify the applicability of this Regulation to online and other distance sales, it
should be defined under which conditions a certain product is deemed to be offered to
clients in the Union. As online trade has a higher likelihood of non-compliance,
Member States should make a special effort and designate a single centralised market
surveillance authority for detecting distance sales offers targeting clients on their
territory, so that the responsible market surveillance authorities can take appropriate
measures. As the detection of such offers requires the knowledge of research
specialists or dedicated artificial intelligence software, the detection task should be
centralised and entrusted to a single market surveillance authority.
EN 26 EN
(58) Digital technologies, which provide a significant potential for reducing administrative
burden and costs for economic operators and public authorities, while also fostering
innovative and new business opportunities and models, are evolving at rapid pace. The
uptake of digital technologies will also contribute significantly towards achieving the
objectives of the Renovation Wave, including energy efficiency, life-cycle
assessments and monitoring and of the building stock. Accordingly, the Commission
should be empowered to seize further opportunities of digitisation by implementing
acts.
(59) As harmonised standards developed for construction products (hereafter: construction
products standards) are mostly mandatory, to create legal certainty, these standards
should not only be in line with the relevant standardisation requests and with this
Regulation, but also with the general principles of Union law.
(60) In order to ensure a timely citation of references of construction products standards in
the Official Journal of the European Union, the European Commission should be
empowered to limit in scope or overrule deficient standards for purposes of legal
effects under this Regulation by delegating acts instead of refusing to cite their
references in the Official Journal.
(61) To ensure the coherence of the system, this Regulation should build on the horizontal
legal framework for standardisation. Hence, Regulation (EU) No 1025/2012 should
also apply to the extent possible to standards rendered mandatory in accordance with
this Regulation. Regulation (EU) No 1025/2012 is thus to provide, among others, for a
procedure for objections to harmonised construction products standards where those
standards do not entirely satisfy the requirements set out in the relevant standardisation
request or other requirements of this Regulation.
(62) As they are not acts of general applicability but the first step of a two steps
administrative procedure leading to the CE marking, European assessment documents
should not qualify as harmonised technical specifications. However, basic principles
of the elaboration of harmonised standards, such as transparency for competitors, can
and should also apply to European assessment documents. Moreover, the European
assessment documents should be referred to in performance and conformity
assessment procedures in the same way as harmonised standards. Hence and to avoid
lengthy repetition of provisions, the principal rules on harmonised standards should
also apply to European assessment documents. To create transparency for competitors,
European assessment documents should be made publicly available and the references
of all European assessment documents should be published in the Official Journal.
(63) Currently, the increasing number of hardly distinguishable European assessment
documents which often have little added value when compared to others or existing
harmonised standards, risks to slow down their publication. In order to deal with this
risk in a cost-effective way, certain principles for the development and adoption of
European assessment documents should be established or be made more concrete.
Moreover, the control by the Commission should be enhanced.
(64) The requirements applicable to designating authorities of Technical Assessment
Bodies (TABs) should not fall behind those applicable to notifying authorities given
the similarities between their respective roles. For the same reason, TABs should have
the same degree of independence and control of decision-making as notified bodies.
(65) In order to respond to a noteworthy percentage of notifications which were based on
incomplete or erroneous assessments, in particular where legal bodies without own in-
EN 27 EN
house technical competence were notified, it is necessary to strengthen the resources
capacity of notifying authorities, namely by setting up minimum requirements; to
make requirements for notified bodies more precise, namely with regard to their
independence, delegation to other legal entities and own ability to perform; to require
adequate qualified staffing of notified bodies and to verify the adequacy of the
staffing, for which the tool of a qualification matrix has proven to be most efficient; to
ensure and verify that the notified body is effectively in control of staffing, attribution
of external experts, procedures, criteria and decision making, and not a subcontractor,
subsidiary or another company belonging to the same family of companies; and to
enlarge the documentation to be provided by bodies when applying for designation as
notified body so as to provide a deeper and comparatively fairer basis for decision to
notifying authorities.
(66) To counter a common deficient practice of accreditation bodies, it is necessary to
ensure that accreditation bodies take as a basis for accreditation this Regulation and
not the often deviating standards. It also important to ensure that the accreditation
bodies assess the ability of the applicant body and not of a group of companies, as it is
the applicant body itself that must be in control of future certification.
(67) To reach a level playing field and to avoid legal uncertainty, the obligations of notified
bodies should be more clearly defined and rendered explicit, and this both for their
assessment and verification activities and the related aspects.
(68) In order to avoid involvement between notified bodies’ staff and the manufacturers,
notified bodies should ensure rotation between the personnel carrying out different
conformity assessment tasks.
(69) Authorities of Member States might have questions that only a certain notified body
can answer. Notified bodies should thus respond also to the questions authorities of
other Member States may have.
(70) To enable all authorities an easier identification of non-compliances of notified bodies,
manufacturers and products, and to ensure a level playing field, notified bodies should
be empowered, and where the non-compliance can be clearly demonstrated even
obliged to, proactively forward information on non-compliances to relevant market
surveillance authorities or notifying authorities. Notified bodies should however not
trespass the information obligation by investigating other operators than their own
clients or peers.
(71) In view of creating a level playing field for notified bodies and manufacturers, the
coordination amongst notified bodies should be enhanced. As only half of the current
notified bodies participate on their own initiative in the activities of the already
currently existing notified body coordination group, participation thereto should thus
become mandatory.
(72) The attempts of establishing simplified procedures for small and medium-sized
enterprises in Regulation (EU) No 305/2011 and thus reducing the burden and costs on
SMEs and microenterprises have not been entirely effective and have often remained
misunderstood or not used due to the lack of awareness or the lack of clarity regarding
their application. By addressing the identified shortcomings while building on the
previously established rules, it is necessary to clarify and facilitate their application
and hence achieve the objective of supporting SMEs while ensuring performance,
safety and environmental sustainability of construction products.
EN 28 EN
(73) The recognition of test results obtained by another manufacturer, provided for in
Article 36(1)(b) of Regulation (EU) No 305/2011, should be generalised, in order to
generally reduce the burden of economic operators and namely manufacturers. Such
recognition mechanism is particularly needed to avoid multiple assessment of
environmental sustainability of raw materials, interim products and final products.
(74) To ensure legal certainty in case of safety or performance problems, such recognition
should only be permitted where both the two involved economic operators and the two
involved notified bodies commit to cooperate and where the economic operator
obtaining certification is in technical command of the product.
(75) The evaluation of Regulation (EU) No 305/2011 showed that market surveillance
activities carried out at national level, widely vary in quality and effectiveness. In
addition to measures set out in this Regulation in favour of better market surveillance,
the compliance of economic operators, bodies and products with this Regulation
should be facilitated by also involving third parties such as by the possibility of any
natural or legal person to submit information on possible non-compliances through a
complaint portal.
(76) To address the identified shortcomings with regards to the market surveillance under
Regulation (EU) No. 305/2011, this Regulation should contain more empowerments
for Member States authorities and for the Commission that should enable authorities to
act under all potential problematic circumstances.
(77) Market surveillance practice has proved that when evaluating products, at a certain
point in time, there is a risk of non-compliance but no non-compliance incidence
whereas, at a later point in time, the opposite is to be stated. Moreover, there are
situations where there is a non-compliance other than a formal one that does not
trigger a risk. For these reasons, Member States should be empowered to act in all
cases of suspected non-compliance or risk, whilst the definition of ‘product presenting
a risk’ has to be extended to include risk for the environment. It is necessary to offer
Member States enough procedural flexibility to distinguish between high and low
priority cases of non-compliance, whilst all Member States should also be informed
about less important cases.
(78) To ensure effective enforcement of the requirements and to strengthen market
surveillance in Member States, as well as to ensure alignment with the Ecodesign for
Sustainable Products Regulation, the power to adopt acts in accordance with Article
290 TFEU should be delegated to the Commission to lay down a minimum number of
checks to be performed by the market surveillance authorities on specific product
group or family or in relation to specific requirements and to establish minimum
resources requirements.
(79) In addition, to strengthen the on average weak capacities of market surveillance
authorities in terms of market surveillance and to further align with the Ecodesign for
Sustainable Products Regulation, it is necessary provide more detailed administrative
coordination support and to provide them with the right to retrieve costs of inspections
and testing from economic operators.
(80) To create an incentive for increasing the capacities of market surveillance authorities
in terms of market surveillance and to reach alignment with the Ecodesign for
Sustainable Products Regulation, Member States should report on their market
surveillance activities regarding products covered by this Regulation, including
regarding the penalties imposed.
EN 29 EN
(81) To better serve economic operators, product contact points for construction should
become more effective and therefore should obtain more resources. In order to
facilitate the work of economic operators, the tasks of product contact points for
construction should be fine-tuned and extended so as to include information on
product related provisions of this Regulation and on acts adopted in accordance with
it.
(82) It is necessary to establish an appropriate, efficient and cost-effective coordination
mechanism to ensure a consistent application of the obligations and requirements set
and to strengthen the overall system, also taking into consideration the fact that new
interpretative questions may arise in relation to safety and sustainability of products
and construction works. As diverging decisions create an uneven playing field,
contribute to rendering the legal framework more complex, create barriers to the free
movement of the internal market and additional administrative burden and costs on
economic operators, such diverging decisions should be prevented by that
coordination mechanism.
(83) In particular, a European information system should therefore be established to collect
interpretative questions, to find appropriate common solutions and to improve the
sharing of information in this regard. To facilitate information sharing, such a system
should rely on national systems. These national systems should also identify cases of
uneven application of this Regulation, to ensure that diverging practices do not
become a common practice and permanent.
(84) The centralised registration of product information increases transparency to the
benefit of safety of products and the protection of the environment and human health
while also reducing administrative burden and costs for economic operators.
Accordingly, the power to adopt acts in accordance with Article 291 TFEU should be
delegated to the Commission to establish a centralised Union construction products
database or system. At this point in time it is not possible to assess the advantages and
disadvantages of possible solutions, the Commission should thus be empowered to
pursue any of these paths, as appropriate.
(85) To improve their level of competence, harmonise their decision making and create a
level playing field for economic operators, trainings should be organised for market
surveillance authorities, product contact points for cConstruction, designating
authorities, TABs, notifying authorities, and notified bodies. The same goals should
also be pursued by exchanges of staff between the market surveillance authorities,
notifying authorities and notified bodies of two or more Member States.
(86) Member States do not always have the technical competence to fulfil all obligations
incumbent on them in accordance with Union legislation cumulatively for all product
sectors. They therefore obtain informal support, from other bigger Member States.
Since such support is unavoidable in some cases and advisable in others, this
Regulation should set out the basic rules for such support, namely to clarify
responsibilities. Moreover, Member States are challenged by the increasing technical
complexity of products and the legislation applicable with regard to all aspects and
product sectors cumulatively, which indicates a potential for better results by virtue of
specialisation and work-sharing amongst Member States. This Regulation should
therefore both reflect the particular situation of the Member States and allow exploring
the potential added value of specialisation and work-sharing amongst any Member
States.
EN 30 EN
(87) Business on construction products becomes slowly but steadily more and more
international. Hence, situations arise where non-compliances of economic operators
based outside the Union need to be countered as well. As third countries hardly are
ready to support the enforcement of Union law on their territory where the Union does
not in return provide for the possibility to assist them, some empowerments for
international cooperation should be provided for in this Regulation.
(88) A certain number of third countries applies Union product legislation or at least
recognises certificates issued in accordance with it, be it on the basis of international
agreements or unilaterally, both being in the interest of the Union. In order to give
these third countries an incentive to continue this practice and other third countries to
do the same, certain additional possibilities should be provided to third countries
applying Union product legislation or recognising certificates issued in accordance
with it. For this reason, it should be possible to support these particularly cooperative
third countries by allowing them to participate in certain trainings and to participate in
the EU construction products database or system, to the information system for
harmonised decision-making and to the information exchange amongst authorities.
Moreover, for the same reason, it should be possible to inform these particularly
cooperative third countries about non-compliant or risky products.
(89) In order to incentivise the use of sustainable construction products whilst avoiding
market distortions and to remain in line with the Ecodesign for Sustainable Products
Regulation, incentives for the use of sustainable construction products provided by
Member States should target the most sustainable products and be embedded in an
exchange of information amongst Member States.
(90) In order to enhance the use of sustainable construction products whilst avoiding
market distortions and to reach alignment with the Ecodesign for Sustainable Products
Regulation, Member States’ public procurement practice should target the most
sustainable amongst the compliant products. Requirements applicable to public
procurement contracts set out by implementing acts should be established according
to objective, transparent and non-discriminatory criteria.
(91) Public procurement amounts to 14% of the Union’s GDP. To contribute to the
objective of reaching climate neutrality, improving energy and resource efficiency and
transitioning to a circular economy that protects public health and biodiversity,
contracting authorities and entities should, where appropriate, be required to align their
procurement with specific green public procurement criteria or targets, to be set out in
the delegated acts adopted pursuant to this Regulation. The criteria or targets set by
delegated acts for specific product groups, should be complied with not only when
directly procuring those products in public supply contracts but also in public works or
public services contracts where those products will be used for activities constituting
the subject matter of those contracts. Compared to a voluntary approach, mandatory
criteria or targets will ensure that the leverage of public spending to boost demand for
better performing products is maximised. The criteria should be transparent, objective
and non-discriminatory.
(92) In order to take into account technical progress and knowledge of new scientific
evidence, ensure proper functioning of the internal market, facilitate access to the
information and ensure homogeneous implementation of rules, the power to adopt acts
in accordance with Article 290 of the Treaty on the Functioning of the European
Union should be delegated to the Commission in respect of establishing and amending
product specific technical provisions and requirements; defining the applicable
EN 31 EN
assessment and verification systems; determining the conditions under which
obligations under other Union law fulfil certain obligations of this Regulation;
amending the declaration of performance and declaration of conformity model;
establishing additional obligations to manufacturers; revising and supplementing
procedural rules for the development of European assessment documents; establishing
minimum requirements to market surveillance authorities; setting up a Union
construction products database or system; establishing green public procurement
requirements and defining minimum penalties. It is of particular importance that the
Commission carry out appropriate consultations during its preparatory work, including
at expert level, and that those consultations be conducted in accordance with the
principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better
Law-Making41. In particular, to ensure equal participation in the preparation of
delegated acts, the European Parliament and the Council receive all documents at the
same time as Member States' experts, and their experts systematically have access to
meetings of Commission expert groups dealing with the preparation of delegated acts.
(93) In order to ensure uniform conditions for the implementation of this
Regulation, implementing powers should be conferred on the Commission
establishing means to transmit information; providing details on how to execute
obligations and rights of economic operators; adopting the format of the European
technical assessment; establishing minimum resources required by notified bodies and
giving access to authorities of third countries to the information systems for
harmonised decision-making to the EU construction products database or system and
to trainings in the context of this Regulation. Those powers should be exercised in
accordance with Regulation (EU) No 182/2011 of the European Parliament and of the
Council42.
(94) The Commission should adopt immediately applicable implementing acts where, in
duly justified cases relating to human health or safety or the protection of the
environment, imperative grounds of urgency so require.
(95) Regulation (EU) 2019/1020 of the European Parliament and of the Council lays down
rules on a horizontal framework for market surveillance and control of products
entering the Union market. In order to ensure that products under this Regulation,
which are benefiting from the free movement of goods within the Union, fulfil
requirements providing a high level of protection of public interests, such as the
protection of human health and safety and the protection of the environment, that
Regulation should apply also to products covered by this Regulation, in so far as there
are no specific provisions with the same objective, nature or effect in this Regulation.
Therefore, Regulation (EU) 2019/1020 should be amended accordingly.
(96) To render the implementation of this Regulation more efficient and to reduce the
burden for economic operators, it should be possible to make applications and
decisions on paper or in a commonly used electronic format. To obtain legal certainty,
applications and decisions should only be valid where the electronic signature fulfils
the requirements of Regulation (EU) No 910/2014 of the European Parliament and of
the Council and where the signing person is entrusted to represent the body or
41
OJ L 123, 12.5.2016, p. 1.
42
Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011
laying down the rules and general principles concerning mechanisms for control by the Member States
of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
EN 32 EN
economic operator, according to the law of the Member States or Union law
respectively.
(97) To further reduce the burden on economic operators, it should be possible to provide
documentation in a commonly used electronic format, and to fulfil information
requirements electronically by default.
(98) In order to ensure a high level of compliance with this Regulation, Member States
should lay down rules on penalties applicable to non-compliances and ensure that
those rules are enforced. The penalties provided for should be effective, proportionate
and dissuasive. In order to ensure these goals and harmonised penalties, the
Commission should be empowered to establish minimum penalties by acts adopted in
accordance with Article 290 of the Treaty on the Functioning of the European Union.
(99) In order to create legal certainty, it should be specified whether and for how long
designations of product contact points for construction, TABs, or notified bodies and
harmonised standards, European assessment documents, European technical
assessments and notified bodies certificates or test reports adopted or issued under
Regulation (EU) 305/2011 maintain legal effects under this Regulation. The respective
transition periods should be long enough to avoid bottlenecks in respect of notified
bodies and TABs designation and of the adoption or issuing of European assessment
documents, European technical assessments, and notified body certificates or test
reports.
(100) To create legal certainty, it should be clarified for how long products placed on the
market on the basis of European assessment documents adopted under Regulation
(EU) No 305/2011 may remain in the distribution chain and thus be further made
available on the market. Similarly to the practice under other product legislation, the
appropriate period is considered to be five years after the expiry of the European
technical assessment on the basis of which they have been placed on the market. In
this way, six years after the entry into force of a harmonised technical specification
adopted under this Regulation all products sold to users will comply with that
harmonised technical specification and this Regulation.
(101) Both the essential characteristics of construction products and their assessment
methods can only be determined by harmonised technical specifications to be
developed for the various product groups and families. Accordingly, requirements and
obligations incumbent on economic operators with regard to a certain product group or
family should only apply mandatorily as from six months after the entry into force of
harmonised technical specification covering the respective product group or family.
(102) To facilitate a smooth phasing-in of future harmonised technical specifications and
taking into consideration the time needed for drawing up the declaration of
performance or conformity, economic operators should be permitted to opt for the
voluntary application of this Regulation as from the entry into force of these
harmonised technical specifications.
(103) It is necessary to avoid that economic operators can permanently circumvent the
application of this Regulation by applying the harmonised technical specifications
adopted under Regulation (EU) No 305/2011. For this reason, the Commission should
withdraw from the Official Journal the references to harmonised standards and EADs
published in support of Regulation (EU) No 305/2011 and covering a certain product
group or family, by two years after the entry into force of harmonised technical
EN 33 EN
specification adopted under this Regulation covering that respective product group or
family.
(104) In order to fully cover the environmental assessment of construction products and to
appropriately cover product requirements which exist even in current harmonised
technical specifications, a more comprehensive Annex I should be developed,
including also a detailed list of essential characteristics related to lifecycle assessment
and a complete framework for the product requirements. On that occasion, overlaps
between basic requirements for construction works should be eliminated and
clarifications should be brought forward.
(105) In order to reach a minimum control intensity of the assessment and verification of
manufacturers by notified bodies and to create a level playing field both for
manufacturers and notified bodies, Annex V on assessment and verification systems
should more precisely and comprehensively determine the tasks of manufacturers and
notified bodies under different possible assessment and verification systems.
Moreover, that Annex should determine the assessments and verifications to be
undertaken to verify the environmental sustainability of products, in terms of product
performance and product requirements.
(106) The objectives of this Regulation, namely the free circulation of construction products
on the internal market, the protection of human health and safety, and the protection of
the environment, cannot be sufficiently achieved by the Member States, as Member
States tend to establish very diverging requirements for construction products, with an
uneven level of protection of human health and safety and of the environment. These
objectives can rather be better achieved at Union level by establishing a harmonised
assessment framework for the performance of construction products and certain
product requirements for the protection of human health and safety and of the
environment. Accordingly, the Union may adopt measures, in accordance with the
principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In
accordance with the principle of proportionality as set out in that Article, this
Regulation does not go beyond what is necessary in order to achieve those objectives,
HAVE ADOPTED THIS REGULATION:
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter
This Regulation establishes harmonised rules for the making available on the market and
direct installation of construction products, regardless of whether undertaken in the
framework of a service or not, by establishing:
(a) rules on how to express the environmental, including climate, and safety
performance of construction products in relation to their essential
characteristics;
(b) environmental, including climate, functional and safety product requirements
for construction products.
EN 34 EN
This Regulation also establishes obligations incumbent on economic operators dealing with
construction products or their components or with products that could be regarded as
construction products whilst not being intended by their manufacturer to be construction
products.
Article 2
Scope
1. This Regulation shall apply to construction products and to the following items:
(a) 3D-datasets placed on the market to permit the 3D-printing of construction
products covered by this Regulation and 3D-printed construction products and
moulds;
(b) materials intended to be used for the 3D-printing of construction products on or
close to the construction site or for the manufacturing using moulds on or close
to the construction site;
(c) construction products manufactured on the construction site for immediate
incorporation into construction works, without separate commercial action for
the placing on the market;
(d) key parts of products covered by this Regulation;
(e) parts or materials intended to be used for products covered by this Regulation,
if the manufacturer of those parts or materials so requests;
(f) kits or assemblies, where their composition is specified in and covered by
harmonised technical specifications or European assessment documents
(EADs);
(g) prefabricated one-family-houses of less than 180 m2 surface floor space with
one floor or of less than 100 m2 surface floor space on two floors.
Member States may decide not to apply this Regulation for the houses referred to in point (g)
by notification to the Commission.
2. This Regulation shall also apply to used construction products and to used items
referred to in paragraph 1 in any of the following cases:
(a) those used construction products or items are imported from third countries
without having been placed on the Union market before;
(b) the economic operator has changed the intended use of those used construction
products or items from the intended use assigned to those construction products
or items by the initial manufacturer in another way than by a reduction in terms
of performance or intended uses or to mere decoration” purposes, those
purposes being defined by the absence of any structural function for the
construction works;
(c) the economic operator making the used construction products or items
available on the market claims for them characteristics or the fulfilment of
product requirements set out in Annex I, additional to or different from the
characteristics and requirements declared pursuant to this Regulation or
Regulation (EU) 305/2011 when the used construction product or item was
first placed on the market;
EN 35 EN
(d) the used construction products or items have been subject to a transformative
process going beyond repair, cleaning and regular maintenance
(‘remanufactured product’);
(e) the economic operator making the used construction products or item available
on the market opts for the application of this Regulation.
3. This Regulation shall not apply to:
(a) lifts subject to Directive 2014/33/EU of the European Parliament and of the
Council43, escalators and their components;
(b) boilers, pipes, tanks and ancillaries and other products intended to be in contact
with water for human consumption;
(c) systems treating waste water;
(d) sanitary appliances;
(e) traffic signalling products.
4. This Regulation also shall also apply to 3D-printing services of construction products
and of items covered by this Regulation. 3D-printing services include renting out of
3D-printing machines that could be used for construction products and items covered
by this Regulation.
This Regulation shall also apply to services linked to:
– the manufacturing and commercialisation of construction products and or items
covered by this Regulation, and
– to the de-installing, preparation for re-use, remanufacturing and dealing with
used construction products or items covered by this Regulation.
5. Member States may exempt from the application of this Regulation construction
products and items covered by this Regulation that are placed on the market or
directly installed in the outermost regions of the European Union in the meaning of
Article 349 of the Treaty on the Functioning of the European Union. Member States
shall notify to the European Commission and to the other Member States the
regulations providing such exemptions. They shall ensure that exempted construction
products or items do not bear the CE marking in accordance with Article 16.
Construction products or items placed on the market or directly installed on the basis
of such exemption shall not be deemed to be placed on the market or directly
installed in the Union in the meaning of this Regulation.
Article 3
Definitions
For the purposes of this Regulation the following definitions shall apply:
(1) ‘construction product’ means any formed or formless physical item, including its
packaging and instructions for use, or a kit or assembly combining such items, that is
placed on the market or produced for incorporation in a permanent manner in
43
Directive 2014/33/EU of the European Parliament and of the Council of 26 February 2014 on the
harmonisation of the laws of the Member States relating to lifts and safety components for lifts (OJ
L 96, 29.3.2014, p. 251).
EN 36 EN
construction works or parts thereof within the Union, with the exception of items that
are necessarily first integrated into an assembly, kit or other construction product
prior to being incorporated in a permanent manner in construction works;
(2) ‘permanent’ means for a duration of two years or longer;
(3) ‘product’ means a construction product or other item covered by this Regulation in
accordance with Article 2(1) to (3);
(4) ‘making available on the market’ means any supply of a product for distribution or
use on the Union market in the course of a commercial activity, whether in return for
payment or free of charge, regardless whether in the framework of providing a
service or not;
(5) ‘direct installation’ means the installation of a product into a construction work of a
client without prior making available on the market or the installation of a one-family
house covered by this Regulation, regardless whether in the framework of providing
a service or not;
(6) ‘performance’ means the degree to which a product has certain scalable essential
characteristics;
(7) ‘essential characteristics’ means those characteristics of the product which relate to
the basic requirements for construction works as set out in Annex I Part A Point 1 or
which have been listed in Annex I Part A Point 2;
(8) ‘product requirements’ means a threshold level or another characteristic with which a
product has to comply before it can be placed on the market or installed directly,
including those requirements relating to labelling and instructions for use or other
information to be provided;
(9) ‘economic operator’ means the manufacturer, the authorised representative, the
importer, the distributor, the fulfilment service provider, the 3D-printing service
provider, manufacturer, importer or distributor of materials intended for 3D-printing
of products, online seller, the broker, the supplier, the service provider, the own-
brand-labeller or any other natural or legal person, other than authorities, notified
bodies, technical assessment bodies and product contact points for construction who
is subject to this Regulation in relation to the manufacturing, de-installation for re-
use, re-manufacturing or repackaging of products, or making those products
available on the market or installing those products directly in accordance with this
Regulation, and economic operators as defined in Article 3, point (13) of Regulation
(EU) 2019/1020 of the European Parliament and of the Council44;
(10) ‘3D-printing service provider’ means any natural or legal person offering, in the
course of a commercial activity, one of the following services: renting or leasing out
3D-printers, printing out 3D-printing datasets, or brokering one of these services,
regardless of whether the printing material is provided by that person or not;
(11) ‘materials intended for 3D-printing of products’ means any material intended or the
3D-printing of products for which the respective economic operators have not
explicitly and consistently excluded the use as materials for 3D-printing;
44
Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market
surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No
765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
EN 37 EN
(12) ‘manufacturer’ means a manufacturer as defined in Article 3, point (8), of Regulation
(EU) 2019/1020;
(13) ‘3D-datasets’ means a set of numerical data describing the shape of an object by its
outer dimensions and its cavities in view of permitting the 3D-printing of that object;
(14) ‘construction works’ means buildings and civil engineering works that may both be
over or in the ground or water, including bridges, tunnels, pylons and other facilities
for transport of electricity, communication cables, pipelines, aqueducts, dams,
airports, ports, water ways, and installations which are the basis for rails of railways,
but excluding wind mills, oil platforms or chemical plants, industry manufacturing
installations, agricultural installations, electricity generation installations, military
installations, whilst their shelters may be buildings;
(15) ‘buildings’ means facilities, other than containers, giving shelter to humans, animals
or objects, which either are permanently fixed to the ground or can only be
transported by the help of special equipment whilst having a surface floor space of at
least 20m2 on one or several levels;
(16) ‘level’ means the result of the assessment of the performance of a product in relation
to its essential characteristics, expressed as a numerical value;
(17) ‘class’ means a range of levels, delimited by a minimum and a maximum value, of
performance of a product;
(18) ‘threshold level’ means a mandatory minimum or maximum performance level of a
product with regard to a certain essential characteristic;
(19) ‘placing on the market’ means the first making available of a product on the Union
market or the first making available of a used product where any of the conditions of
Article 2(2) are fulfilled or of a remanufactured product;
(20) ‘key part’ means a part which is intended by the manufacturer of a product or another
economic operator to be used as component or spare part for a product and that has
been specified by harmonised technical specifications as essential for the
characterisation, safety or performance of a product;
(21) ‘kit’ means a product placed on the market by a single economic operator as a set of
at least two separate items, none of which needs to be a product itself, intended to be
incorporated together in construction works;
(22) ‘assembly’ means a set of at least two separate items, one of which is a product;
(23) ‘European assessment document’ means a document adopted by the organisation of
technical assessment bodies for the purposes of issuing European technical
assessments;
(24) ‘used product’ means a product that is not waste as defined in Article 3, point (1), of
Directive 2008/98/EC of the European Parliament and of the Council , and which has
been installed at least once into a construction work, and that:
(a) has not been subject to a process going beyond repair, cleaning or regular
maintenance, as specified by the original manufacturer in its instructions for
use or acknowledged to be necessary according to common civil engineering
knowledge;
EN 38 EN
(b) has not undergone a process going beyond repair, cleaning and regular
maintenance or ‘preparing for re-use’ in the meaning of Article 3, point (16) of
Directive 2008/98/EC after being de-installed;
(25) ‘intended use’ means the use intended by the manufacturer, including the conditions
for usage, as laid out in technical documentation, on labels, in instructions for use, or
in publicity material, whilst usages mentioned only in one of these are already part of
the ‘intended use’;
(26) ‘repair’ means the process of returning a faulty product to a condition where it can
fulfil its intended use;
(27) ‘maintenance’ means an action carried out to retain a product in a condition where it
is able to function as required;
(28) ‘remanufactured product’ means a product that is not waste as defined in Article 3,
point (1), of Directive 2008/98/EC, but that has been installed at least once into a
construction work, and that has been subject to a transformative process going
beyond repair, cleaning and regular maintenance;
(29) ‘risk’ means risk as defined in Article 3, point (18), of Regulation (EU) 2019/1020;
(30) ‘preparing for re-use’ means checking, cleaning or repairing retrieval operations, by
which products or components of products are prepared so that they can be re-used
without any other pre-processing;
(31) ‘product type’ means the abstract model of individual products, determined by the
intended use and a set of characteristics which exclude any variation with regard to
performance or to the fulfilment of product requirements set-out in or in accordance
with this Regulation, produced in a specific production process using a given
combination of raw materials or components, whilst identical items of different
manufacturers also belong to different product types;
(32) ‘state of the art’ means a way to achieve a certain goal which is either the most
effective and advanced or close to it and thus above the average of ways which can
be chosen;
(33) ‘recycling’ means recycling as defined in Article 3, point (17), of Directive
2008/98/EC;
(34) ‘fulfilment service provider’ means a fulfilment service provider as defined in Article
3, point (11), of Regulation (EU) 2019/1020;
(35) ‘product family’ means all product types belonging to the product areas listed in
Annex IV, Table 1;
(36) ‘product category’ means a subset of the product types of a certain product family
encompassing those product types which have in common a certain intended use as
specified in harmonised technical specifications or European assessment documents;
(37) ‘factory production control’ means the documented, permanent and internal
production control in a factory with regard to certain parameters or quality aspects,
reflecting the specificities of a respective product family or a group and
manufacturing processes, and which aim at the constancy of performance or of
continuous fulfilment of product requirements, executed in accordance with Annex
V;
EN 39 EN
(38) ‘harmonised zone’ means the sphere jointly covered by this Regulation, the
harmonised technical specifications, and the Commission acts of general
applicability adopted pursuant this Regulation;
(39) ‘Union law’ means the TEU, the TFEU, general principles of law, acts of general
applicability referred to in the second, third and fourth paragraph of Article 288
TFEU and any international agreements to which the Union is party or the Union and
its Member States are parties;
(40) ‘importer’ means an importer as defined in Article 3, point (9), of Regulation (EU)
2019/1020;
(41) ‘distributor’ means a distributor as defined in Article 3, point (10), of Regulation
(EU) 2019/1020;
(42) ‘individually manufactured’ means that, due to the specifications of the client, there
is a variation in terms of manufacturing method when compared with all other
products produced for other clients by the economic operator in question;
(43) ‘micro-enterprise’ means a micro-enterprise as referred to in the Annex to
Commission Recommendation of 6 May 2003 concerning the definition of micro,
small and medium-sized enterprises ;
(44) ‘custom-made’ means that, due to the specifications of the client, there is a variation
in terms of size or material when compared with all other products produced for
other clients by the economic operator in question.
(45) ‘permalink’ means an internet link to a website which is stable both for its content
and the address (“URL”);
(46) ‘harmonised technical specifications’ means construction products standards
established in accordance with Article 4(2) the reference of which has been
published in the Official Journal in accordance with Article 34 and thereby were
rendered mandatory for purposes of application of this Regulation, and delegated
acts adopted in accordance with Article 4(3) and (4), Article 5(2), or Article 22(4)
that contain technical prescriptions;
(47) ‘Construction products standard’ means a standard adopted by a European
standardisation organisation on the basis of a request made by the Commission for
the application of this Regulation the reference of which has been published in the
Official Journal in accordance with Article 34, regardless of whether the use of such
standard is rendered mandatory for purposes of application under this Regulation in
accordance with Article 4(2) and Article 34(2) or whether they stay voluntary in
accordance with Article 5(2), Article 22(4) and Article 34(3);
(48) ‘double use product’ means a product that is, by its manufacturer, intended to be
used as product and as an item with another intended use that would fall outside of
the scope of this Regulation if it had only that other intended use;
(49) ‘European standardisation organisation’ means a European standardisation
organisation as defined in Article 2(8), of Regulation (EU) 1025/2012;
(50) ‘European technical assessment’ (ETA) means the documented assessment of the
performance of a product, in relation to its essential characteristics, in accordance
with the respective European assessment document;
EN 40 EN
(51) ‘full-time equivalence’ means the work-power of one person employed full-time as
defined by the Member State concerned or the work-power of several persons
employed part-time working together the same number of hours per day or week;
(52) ‘non-series process’ means a process that is neither prevailingly automated or
produced using assembly-line techniques, nor repeated more than 100 times per year
by the economic operator in question or the economic operators belonging to the
same group of companies, defined by a common controlling natural or legal person,
or the same organisational structure;
(53) ‘withdrawal’ means withdrawal as defined in Article 3, point (23), of Regulation
(EU) No 2019/1020;
(54) ‘recall’ means withdrawal as defined in Article 3, point (22), of Regulation (EU) No
2019/1020;
(55) ‘online marketplace’ means a provider of an intermediary service using software,
including a website, part of a website or an application, that allows customers to
conclude distance contracts with economic operators for the sale of products;
(56) ‘online interface’ means online interface as defined in Article 3, point (15), of
Regulation (EU) 2019/1020;
(57) ‘broker’ means any natural or legal person providing an intermediation service for
the placing on the market or direct installation of products;
(58) ‘own-brand-labeller’ means any natural or legal person other than the manufacturer
who wishes to sell a product as his own and therefore affixes his name, trade-mark or
label in addition to the mandatory inscriptions of other economic operators;
(59) ‘supplier’ means any natural or legal person providing raw materials or interim
products to manufacturers or to other persons providing raw materials or interim
products to manufacturers;
(60) ‘service provider’ means any natural or legal person providing a service to a
manufacturer or to a supplier of a key part, provided that the service is relevant for
the manufacturing of products, including their design;
(61) ‘accreditation’ means ‘accreditation’ as defined in Article 2(10), of Regulation (EC)
No 765/2008;
(62) ‘market surveillance authority’ means an authority as defined in Article 3, point (4),
of Regulation (EU) 2019/1020;
(63) ‘life cycle’ means the consecutive and interlinked stages of a product’s life, from raw
material acquisition or generation from natural resources over manufacturing, de-
installation, possibly reuse with or without prior remanufacturing to final disposal;
(64) ‘reuse’ means any operation by which a product or its components, having reached
the end of their first use, are used for the same purpose for which they were
conceived;
(65) ‘competent authority’ means the market surveillance authority designated in
accordance with Article 69(1);
(66) ‘national competent authority’ means the market surveillance authority designated in
accordance with Article 69(2);
(67) ‘notifying authority’ means the single public administration in charge of the
designation and supervision of notified bodies, designated in accordance with Article
EN 41 EN
48, unless specified otherwise in the respective provision: only in the Member State
where the respective notified body is located;
(68) ‘designating authority’ means the single public administration in charge of the
designation and supervision of Technical Assessment Bodies, designated in
accordance with Article 43, unless specified otherwise in the respective provision:
only in the Member State where the respective technical assessment body is located;
(69) ‘authority’ means the European Commission, its agencies, and any notifying
authority, designating authority or market surveillance authority, unless specified
otherwise in the respective provision: regardless of in which Member State it is
located;
(70) ‘product presenting a risk’ means a product that, whenever during its entire life-cycle
and even when created indirectly, has an inherent potential to affect adversely the
health and safety of persons, the environment or the fulfilment of basic requirements
for construction works when incorporated in those works, to a degree which, taking
account of the state-of-the-art, goes beyond what is considered reasonable and
acceptable in relation to its intended use and under normal or reasonably foreseeable
conditions of use;
(71) ‘product presenting a serious risk’ means a product presenting a serious risk as
defined in Article 3, point (20), of Regulation (EU) 2019/1020.
Article 4
Essential characteristics of products
1. The basic requirements for construction works, set out in Annex I Part A Point 1
shall constitute the basis for the preparation of standardisation requests and
harmonised technical specifications.
2. The essential characteristics specified in accordance with paragraph 1 or listed in
Annex I Part A Point 2 and the methods for their assessment shall be laid down in
standards which are rendered mandatory for purposes of application of this
Regulation. The essential characteristics of products shall be identified in view of the
basic requirements for construction works, taking account of the regulatory needs of
Member States.
The Commission may issue standardisation requests in accordance with Article 10 of
Regulation (EU) 1025/2012 laying down the basic principles and corner stones for
the establishment of these essential characteristics and their assessment methods.
The respective standardisation requests may also include a request that the European
standardisation organisation determine in the standards referred to in the first
subparagraph the voluntary or mandatory threshold levels and classes of performance
in relation to the essential characteristics and which of the essential characteristics
may or shall be declared by manufacturers. In that case, the Commission shall lay
down the basic principles and corner stones for the establishment of the threshold
levels, classes and mandatory characteristics in the standardisation request.
The Commission shall verify that the basic principles and corner stones, and the
Union law are respected in the standards prior to publishing the reference thereof in
the Official Journal in accordance with Article 34.
EN 42 EN
3. By way of derogation from paragraph 2 and in order to cover the regulatory needs of
Member States and to pursue the goals of Article 114 of the Treaty on the
Functioning of the European Union, the Commission is empowered to supplement
this Regulation by means of delegated acts in accordance with Article 87, by
establishing, for particular product families and categories, voluntary or mandatory
essential characteristics and their assessment methods in any of the following cases:
(a) there are undue delays in the adoption of certain standards referred to in the
first subparagraph of Article 4(2)by the European standardisation
organisations, whilst an undue delay is given where the European
standardisation organisation does not submit a standard within the time-frame
set out in the standardisation request;
(b) there is an urgency for the adoption of more harmonised technical
specifications that cannot be matched with standards referred to in the first
subparagraph of Article 4(2) alone;
(c) one or more essential characteristics referring to basic work requirements set
out in Annex I Part A, Point 1 or included in Annex I Part A, Point 2 are not
covered by the standards referred to in the first subparagraph of Article 4(2) the
references of which are already published in the Official Journal;
(d) the standards referred to in the first subparagraph of Article 4(2) are for other
reasons considered not sufficient to cover regulatory needs of Member States
or the needs of economic operators;
(e) the standards referred to in the first subparagraph of Article 4(2) are not in line
with EU climate and environmental legislation and ambition;
(f) references to standards referred to in the first subparagraph of Article 4(2)
cannot be published in the Official Journal for the reasons set out in Article
34(4) or other legal reasons;
(g) references to standards referred to in the first subparagraph of Article 4(2) have
been withdrawn from the Official Journal or were published with a restriction.
4. In order to cover the regulatory needs of Member States and to pursue the
environmental, safety and harmonisation goals of Article 114 of the Treaty on the
Functioning of the European Union, the Commission is empowered to supplement
this Regulation, by means of delegated acts in accordance with Article 87, by
determining, for particular product families and categories, the following:
(a) threshold levels and classes of performance in relation to the essential
characteristics and which of the essential characteristics may or shall be
declared by manufacturers;
(b) conditions under which a product shall be deemed to satisfy a certain threshold
level or to qualify for a class of performance without testing or without further
testing.
5. The Commission is empowered to amend Annex I Part A by means of delegated acts
in accordance with Article 87 in order to adapt it to technical progress and to cover
new risks and environmental aspects.
EN 43 EN
Article 5
Product requirements
1. All products covered by this Regulation shall, prior to their placing on the market or
direct installation, satisfy the generic, directly applicable product requirements set
out in Annex I Part D and the product requirements laid down in Annex I Part B and
C as specified for the respective product family or category in accordance with
paragraph 2. The product requirements laid down in Annex I Part B and C are only
applicable where they have been specified in accordance with paragraph 2.
2. In order to specify the product requirements set out in Annex I Part B, C and D, the
Commission is empowered to supplement this Regulation, by means of delegated
acts in accordance with Article 87, by specifying, for particular product families and
categories, these product requirements and by laying down the corresponding
assessment methods. Once the Commission has specified these product requirements
by delegated acts, it may issue standardisation requests which aim at the elaboration
of voluntary harmonised standards providing presumption of conformity with these
mandatory product requirements as specified by these delegated acts.
3. The Commission is empowered to amend Annex I Part B, C and D by means of
delegated acts in accordance with Article 87 in order to adapt it to technical progress
and in particular to cover new risks and environmental aspects.
Article 6
Assessment and verification systems and their product specific modalities
1. In order to apply a tailor-made approach and to minimise the potential burden on
manufacturers whilst ensuring a high level of protection of health, safety and the
environment, the Commission is empowered to supplement this Regulation by means
of delegated acts in accordance with Article 87, by determining for each product
family or category the applicable assessment and verification system among those set
out in Annex V. It may also determine different assessment and verification systems
to the same product family or category when differentiating by essential
characteristic or product requirement.
2. In order to facilitate and to harmonise the application of the requirements or
obligations contained in Annex V, the Commission is empowered to supplement this
Regulation, by means of delegated acts in accordance with Article 87, by specifying
these requirements and obligations for a given product family or category
3. In order to counter systematic non-compliances of notified bodies or manufacturers
or in view of adaptation to technical progress, the Commission is empowered to
amend this Regulation, by means of delegated acts in accordance with Article 87, by
introducing additional assessment or verification steps in the systems of Annex V.
Article 7
Harmonised zone and national measures
1. The harmonised zone shall be presumed to be comprehensive, covering all potential
requirements for products other than those covered by other Union law.
EN 44 EN
2. Member States shall respect the harmonised zone in their national law, other rules or
administrative action and shall not set additional requirements for products covered
by it. They shall in particular apply the following:
(a) no information, registration or other requirements other than those laid down in
the harmonised zone shall be established;
(b) no assessments other than those set out in the harmonised zone shall be made
mandatory;
(c) unless otherwise specified in accordance with Article 5(3), national law, other
rules or administrative action shall not duplicate or go beyond product
requirements specified in accordance with Article 5 or the threshold levels
established in accordance with Article 4(4);
(d) national law, other rules or administrative action shall not require more
assessments and verifications than those set out in Annex V and shall not
extend the scope of the assessments and verifications of Annex V;
(e) national law, other rules or administrative action shall replicate and not request
more or less than what has been required by threshold levels established in
accordance with Article 4(4);
(f) national law, other rules or administrative action shall not be based on classes,
sub-classes or additional classes other than those established in accordance
with Article 4(4);
(g) where assessment methods have been established in accordance with Article
4(2) or in Article 5(2), national law, other rules or administrative action shall,
both for construction works and in relation to the characteristics of or
requirements for products, not refer to other assessment methods or modify or
complement these assessment methods or select just a part thereof.
This paragraph shall also apply to public tenders or direct attributions of contracts
where those public tenders or direct attributions are executed under direct or indirect
control of public entities or are executed with reference to public provisions on
public tenders or direct attribution of contracts. This paragraph shall also apply to
grants or other positive incentives with the exception of fiscal incentives. However,
harmonised technical specifications may permit or recommend Member States to
link the decisions on the attribution of public tenders, of contracts or of grants or
other positive incentives to sub-classes or additional classes other than those
established in accordance with Article 4(4) where these still relate to environmental
performances assessed in accordance with these harmonised technical specifications.
3. Member States shall communicate to the other Member States and to the
Commission the essential characteristics they require for each product family or
category, the respective product requirements and the assessment methods they
apply. They shall refer to these essential characteristics, requirements and assessment
methods proactively in all fora and on all occasions relevant for the elaboration of
harmonised technical specifications. Fora elaborating harmonised technical
specifications shall take note of these essential characteristics, requirements and
assessment methods. The essential characteristics shall be covered by harmonised
technical specifications to the extent possible.
4. Where a Member State deems it necessary, on imperative grounds of health, safety or
protection of the environment, including climate, to establish requirements by
EN 45 EN
regulation or to take administrative measures in derogation of paragraph 2, it shall
notify the Commission thereof, justifying the need for the procedural obligations
established and explain the regulatory need it aims to address and provide evidence
both for the existence of the regulatory need and the lack of coverage by the
harmonised zone and other Union law. Member States shall to that end use
the notification procedure under Directive (EU) 2015/1535, where applicable.
5. The Commission shall, by means of implementing acts, authorise the national
measure notified under paragraph 4 where:
(a) it ascertains that the regulation or administrative measure appears duly justified
in the light of imperative grounds of health, safety or protection of the
environment referred to in paragraph 4;
(b) the regulatory need is not covered by the harmonised zone or by other Union
law;
(c) the notified regulation or administrative measure does not discriminate against
economic operators of other Member States;
(d) the notified regulation or administrative measure is able to cover the respective
regulatory need;
(e) the notified regulation or administrative measure does not constitute a
disproportionally large obstacle to the functioning of the Union market; and
(f) the Commission does not indicate by a letter of intent addressed to the Member
States its intention to publish or cite, within one year as from the date of
notification in accordance with paragraph 4, in the Official Journal the
harmonised technical specification or to adopt an act of general applicability
covering the respective need.
Those implementing acts shall be adopted in accordance with the examination
procedure referred to in Article 88(2).
On duly justified imperative grounds of urgency relating to human health and safety
or the protection of the environment, the Commission shall adopt immediately
applicable implementing acts in accordance with the procedure referred to in Article
88(3).
6. Member States shall register all their national regulation, and administrative
measures directly or indirectly influencing the usability of products on their territory,
into the Single Digital Gateway.
7. This Regulation does not hinder Member States to introduce mandatory deposit-
refund systems, to oblige manufacturers to take back used or not used products
directly or via their importers and distributors and to establish obligations regarding
the collection and the treatment of products for waste, provided that all of the
following is complied with:
(a) the owner of the product, whilst having a choice amongst the manufacturer, the
importer or the distributor as addressee, is in charge of the transport back to the
distributor, importer or manufacturer;
(b) economic operators in other Member States are not otherwise directly or
indirectly discriminated.
EN 46 EN
8. Member States may ban the destruction of products taken back in accordance with
Article 22(2), point (j) and Article 26 or make the destruction of these products
dependent on their prior making available on a national brokering platform for non-
commercial use of products.
Article 8
Relationship with other Union law
To avoid double assessment of products, the Commission is empowered to supplement this
Regulation by delegated acts adopted in accordance with Article 87 by determining the
conditions under which the fulfilment of obligations under other Union law also fulfils certain
obligations under this Regulation, where otherwise the same aspect of health, safety or
protection of the environment would be assessed in parallel under this Regulation and other
Union law.
CHAPTER II
PROCEDURE, DECLARATIONS AND MARKINGS
Article 9
Declaration of performance
1. Where a product is covered by a harmonised technical specification adopted in
accordance with Article 4(2) or (3), the manufacturer shall undergo the applicable
assessment and verification system set out in Annex V and draw up a declaration of
performance before such a product is placed on the market. A manufacturer of a
product which is not covered by any harmonised technical specification may issue a
declaration of performance in accordance with the relevant European assessment
document and European technical assessment.
2. Where a product is covered by a harmonised technical specification, information
about its performance in relation to the essential characteristics laid down in the
applicable harmonised technical specification may be provided elsewhere than in the
declaration of performance only if in parallel provided in the declaration of
performance. This obligation shall not apply to situations where, in accordance with
Article 10, no declaration of performance has been drawn up.
3. By drawing up the declaration of performance, the manufacturer assumes
responsibility for the conformity of the product with such declared performance and
becomes liable in accordance with Union and national laws on contractual and extra-
contractual liability, and this even where it did not act negligently. In the absence of
objective indications to the contrary, Member States shall presume the declaration of
performance drawn up by the manufacturer to be accurate and reliable.
EN 47 EN
Article 10
Exemptions from drawing up a declaration of performance
1. By way of derogation from Article 9(1), a manufacturer may refrain from drawing up
a declaration of performance when placing a product covered by a harmonised
technical specification on the market where any of the following applies:
(a) the product is, otherwise than by 3D-printing or already existing moulds,
individually manufactured or custom-made in a non-series process in response
to a specific order, and installed in a single identified construction work, by a
manufacturer who is also responsible for the safe incorporation of the product
into the construction work in compliance with the applicable national rules, and
under the supervision of those responsible for the safe execution of the
construction works designated under the applicable national rules;
(b) the product is otherwise than by 3D-printing or already existing moulds
manufactured on the construction site, in a non-series process for its
incorporation in the respective construction work in compliance with the
applicable national rules and under the supervision of those responsible for the
safe execution of the construction works designated under the applicable
national rules; or
(c) the product is manufactured in a manner exclusively appropriate to heritage
conservation and in a non-series process for adequately renovating construction
works officially protected as part of a designated environment or because of
their special architectural or historic merit.
2. A Member State may exempt from Article 9(1) remanufactured products based on
products which remain safe after remanufacturing provided that it ensures that the
product does not to circulate outside the territory of that Member State.
3. A Member State may exempt from Article 9(1) parts of construction works other
than products that are prepared for re-use or remanufactured provided that the part
does not to circulate outside the territory of that Member State.
4. A Member State may exempt from Article 9(1) products where all of the following
applies:
(a) the manufacturer is a micro-enterprise without belonging to a family of
companies or other commercial organisation, including networks, able to
determine or organise the manufacturer’s activities;
(b) the manufacturer uses exclusively or in essence components or materials with
commonly known stable characteristics or products which have been
voluntarily subject to this Regulation and, in all instances, the characteristics of
the product depend in essence on the characteristics of these components or
materials;
(c) the product does not to circulate outside the territory of that Member State.
EN 48 EN
Article 11
Content of the declaration of performance
1. The declaration of performance shall express the performance of products in relation
to the essential characteristics of those products in accordance with the relevant
harmonised technical specifications or European assessment document.
2. The declaration of performance shall be drawn up using the model set out in Annex
II without the section relating to conformity. The declaration of performance shall at
least cover the performance with regard to the mandatory essential characteristics
listed in Annex I Part A Point 2, the essential characteristics mandatory by virtue of
harmonised technical specifications or delegated acts adopted in accordance with
Article 4(3), and the assessment of environmental sustainability referred to in Article
22(1).
3. The Commission is empowered to amend the model set out in Annex II by delegated
acts adopted in accordance with Article 87 to permit the inclusion of further
information in order to allow economic operators to cover new information needs.
4. The information referred to in Article 31 or, as the case may be, in Article 33 of
Regulation (EC) No 1907/2006 of the European Parliament and of the Council45
shall be provided together with the declaration of performance.
Article 12
Modified declaration of performance for used, remanufactured and surplus products
1. Where a declaration of performance, issued by the initial manufacturer or another
economic operator pursuant to this Regulation or Regulation (EU) 305/2011, is
available for a used product, the new declaration of performance may, in derogation
from Article 11(1), refer to the initial declaration of performance in relation to the
characteristics declared therein if:
(a) the intended use is not changed otherwise than by reduction in terms of
performance or intended uses or to merely decorative purposes;
(b) the lifespan of the initial product or the relevant durability performance has
been specified in the initial declaration of performance, the harmonised
technical specification on which the initial declaration of performance was
based, or is generally known on the basis of common civil engineering
knowledge;
(c) the time that expired after the first integration of the product into a construction
work does not exceed the lifespan of the product or the relevant durability
performance, whatever is shorter.
45
Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006
concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH),
establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council
Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive
76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L
396, 30.12.2006, p. 1.).
EN 49 EN
The economic operator shall attach the initial declaration of performance to the
declaration of performance issued by him, whilst the latter shall be labelled
“declaration of performance for used product”.
2. Where there is no declaration of performance available for a used product issued by
the initial manufacturer or another economic operator pursuant to this Regulation or
Regulation (EU) 305/2011, an economic operator may issue a new declaration of
performance without undergoing a full procedure in accordance with this Regulation
where it limits the intended use to “decoration”. Where the economic operator has
used this derogation, the declaration of performance shall be labelled “declaration of
performance for used product”.
3. Paragraphs 1 and 2 shall not apply where:
(a) the mechanical and chemical properties of the used product cannot be assumed
to be stable enough anymore for the new intended use;
(b) health and safety of persons would be at risk due to the properties of the
product;
(c) the product has been subject to stresses that makes it unsuitable for the new
intended use; or
(d) such stress is not very unlikely according to the protocol established by the de-
installer in accordance with Article 29 and the documentation on the conditions
of a certain building (“building log-book”).
Member States shall set-up requirements for de-installers and the certification to be
provided in accordance with the last sentence, including on the definition of stresses
that render the product unsuitable.
4. Paragraphs 1 to 3 shall also apply to remanufactured products, if the transformative
process, whilst going beyond repair, cleaning or regular maintenance or preparing for
re-use as defined in Article 3, point (16), of Directive 2008/98/EC after being de-
installed, does not jeopardise the compliance with this Regulation or the performance
of the product in relation to the relevant characteristics because, by their design, the
transformative process cannot negatively influence the performance and the
compliance or because the used replacement part has been assessed as equivalently
performing and compliant. Where the economic operator has used this derogation,
the declaration of performance shall be labelled “declaration of performance for re-
manufactured product”.
5. Paragraphs 1 to 4 shall apply to all of the following:
(a) products which have reached the user or have left the distribution chain, but
were never installed and for which the initial manufacturer no longer assumes
any responsibility as new product (“surplus products”);
(b) for which the initial manufacturer refused to confirm its responsibility within
one month after receiving the respective request of the economic operator
wishing to make available on the market the surplus product.
Where the economic operator has used this derogation, the declaration of
performance shall be labelled “declaration of performance for surplus product”.
6. Article 21(3) and Article 22(1) shall only apply to products falling under the
derogations of paragraphs 1 to 5 where the economic operator making them available
on the market requests their application.
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Article 21(2) shall not apply to products falling under the derogations of paragraphs
1 to 5. However, the economic operators shall provide the information set out in
Annex I Part D.
7. Unless the economic operator opts for the application of harmonised technical
specifications, the products falling under the derogations of paragraphs 1 to 5 shall
be exempted from threshold levels, product requirements and applicable harmonised
technical specifications.
8. By issuing the declaration of performance, the economic operator assumes
responsibility for the conformity of the product with such declared performance and
becomes liable in accordance with EU and national laws on contractual and extra-
contractual liability. In the absence of objective indications to the contrary, Member
States shall presume the declaration of performance to be accurate and reliable.
9. This article shall not apply to used, remanufactured or surplus products which have
never been placed on the Union market or which have never been installed in the
Union.
Article 13
Declaration of conformity
1. Before placing a product on the market, the manufacturer who is not exempted from
the obligation to produce a declaration of performance shall:
(a) verify the product’s compliance with the product requirements of Annex I Part
B and C to the extent that they have been specified by delegated acts in
accordance with Article 5(2), and with the product requirements of Annex I
Part D;
(b) undergo the respective assessment and verification system set out in Annex V;
and
(c) draw up a declaration of conformity.
2. The manufacturer may decide to issue a declaration of conformity in accordance with
paragraph 1 even where exempted from the obligation to produce a declaration of
performance.
3. By the declaration of conformity, the manufacturer assumes responsibility for the
conformity of the product with the product requirements and becomes liable in
accordance with national laws on contractual and extra-contractual liability, and this
even where it did not act negligently. In case of non-compliance or absence of a
declaration of conformity, the product may not be made available on the market. In
the absence of objective indications to the contrary, Member States shall presume the
declaration of conformity drawn up by the manufacturer to be accurate and reliable.
Article 14
Content of the declaration of conformity
1. The declaration of conformity shall express conformity of a product with product
requirements referred to in Article 5(1) and (2).
EN 51 EN
2. The manufacturer shall combine the declaration of conformity with the declaration of
performance into a single declaration, to be labelled “Declaration of performance and
conformity” as set out in Annex II.
3. Article 11(2) to (4) and Article 12 shall apply with regard to the declaration of
conformity.
4. The manufacturer shall fulfil the obligations of this Article as from the first revision
of the declaration of performance undertaken by the manufacturer after the date of
application of harmonised technical specification, for the respective product family
or category, but at the latest 3 years after that date.
Article 15
Supply of the declaration of performance and of the declaration of conformity
1. The manufacturer shall supply by electronic means a copy of the declaration of
performance and of the declaration of conformity of each product which is made
available on the market.
However, where a batch of the same product is supplied to a single user, it may be
accompanied by a single copy of the declarations.
2. Where the declaration is provided by electronic means, the manufacturer shall issue
that declaration in a commonly readable, but unamendable electronic format.
Alternatively, the manufacturer may use a permalink provided that the permalink and
the document accessible via the permalink are unamendable. Commission Delegated
Regulation (EU) No 157/201446 shall apply under this Regulation.
The manufacturer shall supply a paper copy of the declarations if the recipient
requests for such paper copy.
3. Declarations may contain permalinks to unamendable environmental product
declarations or other unamendable documents containing the requested information if
those documents follow the order and structure of the declarations or if a correlation
table linking the order of the declarations to the order of these documents is provided
together with the permalink.
4. The manufacturer shall supply the declaration of performance and the declaration of
conformity in the language or the languages required by the Member States where
the manufacturer intends to make the product available. Another economic operator
who makes a product available in another Member State shall make available a
translation of the declaration of performance and the declaration of conformity in the
languages required by that Member State together with the original, and shall comply
with paragraphs 1 and 2.
46
Commission Delegated Regulation (EU) No 157/2014 of 30 October 2013 on the
conditions for making a declaration of performance on construction products available on a
website; OJ L 52, 21.2.2014, p. 1.
EN 52 EN
Article 16
General principles and use of CE marking
1. The CE marking shall be subject to the general principles set out in Article 30 of
Regulation (EC) No 765/2008.
2. The CE marking shall be affixed to those products for which the manufacturer has
drawn up a declaration of performance or conformity in accordance with Articles 9
and 11 to 14. The CE marking shall be affixed to key parts. The CE marking may not
be affixed to parts which are not key parts.
3. If neither a declaration of performance nor a declaration of conformity has been
drawn up by the manufacturer, the CE marking shall not be affixed.
4. By affixing or having affixed the CE marking, the economic operator indicates that it
takes responsibility for the conformity of the product with the declared performance
and applicable product requirements of this Regulation or laid down in accordance
with this Regulation. By affixing the CE marking, the economic operator becomes
liable for the declared performance and the fulfilment of these requirements in
accordance with national law on contractual and extra-contractual liability.
5. The CE marking shall be the only marking which attests the performance of the
product with regard to assessed essential characteristics and the conformity of the
product with this Regulation.
Member States shall not introduce any references or shall withdraw any references in
national measures to a marking attesting conformity with requirements or the
declared performance in relation to the essential characteristics covered by the
harmonised zone.
6. A Member State shall not prohibit or impede, within its territory or under its
responsibility, the making available on the market or the use of products bearing the
CE marking, when the declared performances correspond to the requirements for
such use in that Member State.
A Member State shall not prohibit or impede, within its territory or under its
responsibility, the making available on the market or the use of products bearing the
CE marking, when the product conforms with product requirements set-up in or by
means of this Regulation, unless it is specified in the respective harmonised technical
specification that the respective requirements constitute only minimum requirements.
7. A Member State shall ensure that the use of products bearing the CE marking shall
not be impeded by rules or conditions imposed by public bodies or private bodies
acting as a public undertaking, or acting as a public body on the basis of a monopoly
position or under a public mandate.
Article 17
Rules and conditions for the affixing of CE marking
1. The CE marking shall be affixed visibly, legibly and indelibly to the product or to a
label attached to it. Where this is not possible or not warranted on account of the
nature of the product, it shall be affixed to the packaging or to the accompanying
documents.
EN 53 EN
2. The CE marking shall be followed by:
(a) the two last digits of the year in which it was first affixed;
(b) the name and the registered address of the manufacturer, or the identifying
mark allowing identification of the name and address of the manufacturer
easily and without any ambiguity;
(c) the name and the registered address of the authorised representative, or the
identifying mark allowing identification of the name and address of the
authorised representative easily and without any ambiguity where the
manufacturer does not have a place of business in the Union or where the
manufacturer chooses to have an authorised representative;
(d) the unique identification code of the product-type, the permalink to the
manufacturer’s products registration(s) in Union databases and the precise
location therein where the product can be found;
(e) the permalink to the manufacturer’s own product presentation website, if any
there is any;
(f) the reference number of the declaration of performance; and
(g) the identification number of the notified body, if applicable.
The items listed in points d) to f) may be replaced by a permalink to the combined
declaration of performance and of conformity (electronic CE marking).
3. The CE marking shall be affixed before the product is placed on the market or
directly installed into a construction work. It may be subsequently followed by a
pictogram or any other mark indicating a special risk or use.
Article 18
Other markings
Markings other than the CE marking, including private ones, may be affixed on a product
only if they do not cover or refer to harmonised technical specifications or to product
requirements or essential characteristics or assessment methods included in the harmonised
zone.
No other marking than marking set out by Union legislation may be affixed on a product in a
distance smaller than the double length of the CE marking measured from any point of the CE
and the other marking set out by Union law.
No other marking than the CE marking may be placed on the declaration of performance or
the declaration of conformity.
EN 54 EN
CHAPTER III
OBLIGATIONS AND RIGHTS OF ECONOMIC OPERATORS
Article 19
Obligations of all economic operators
1. An economic operator shall take all necessary measures to ensure continued
compliance, including of products, with this Regulation. Where non-compliance of
the economic operator or of a product has been stated and corrective action has been
requested by a market surveillance authority in accordance with Article 70(1), the
economic operator shall submit progress reports to that authority until that authority
decides that the corrective action can be closed.
2. Where diverging statements of non-compliance of an economic operator or of a
product and requests for corrective action emanate from authorities of different
Member States, an economic operator shall take differentiated measures, subject to
where the products are intended to be made available on the market or directly
installed. Where this is not possible or where a more severe measure imposed by one
Member State encompasses the less severe measure imposed by another, the more
severe measure shall be taken. Where these rules do not lead to a clear result, the
Member States concerned and the Commission, and, on their request, other Member
States shall try to find a common solution and, if need is, adopt an implementing act
in accordance with Article 33.
3. An economic operator shall, on request of an authority, communicate any economic
operator or other actor to that authority:
(a) who has supplied it with a product, including components or replacement parts
of products, or services, with relevance for a product, and the quantity of that
supply;
(b) to who it has supplied a product, including components or replacement parts of
products, or services, with relevance for a product, and the quantity of that
supply;
(c) who is involved in financial and other collateral services linked to the making
available or direct installation of products.
When identifying the operators referred to in first subparagraph, an economic
operator shall inform the authority about to all connected data, including:
(i) addresses of the operators referred to in the first subparagraph;
(ii) contact details of these operators;
(iii) email addresses, websites and social media profiles of these operators;
(iv) tax and company registration numbers of these operators;
(v) bank accounts of these operators; and
(vi) names, addresses, contact details of natural or legal persons acting for those
operators.
4. An economic operator shall be able to present all documentation and information
referred to in this Chapter to authorities for a period of ten years after they have last
EN 55 EN
been in possession or dealing with the product in question, unless they are
permanently available via the product registration database or system established in
accordance with Article 78. It shall present the documentation and information
within 10 days of receipt of a request by the respective authority.
5. An economic operator shall provide all the requested data into the database or system
established in accordance with Article 78 within two months after the availability of
that database or system has been stated in a publication of the Official Journal and
bear the fees of registration linked thereto. It shall at least bi-annually verify the
correctness of the provided data.
An economic operator shall register into its respective national system established in
accordance with Article 77(5).
An economic operator shall make available to consumers and users communication
channels, including telephone numbers, e-mail or dedicated sections of its website
and social media page, allowing it to communicate any accident, other incident or
safety issue it has experienced with the product.
6. An economic operator may inform authorities of any likely infringement of this
Regulation it becomes aware of. Where this economic operator considers that non-
conforming products present a risk to human safety or to the environment, it shall
immediately inform the competent authorities of the Member States in which it made
the product available thereof, giving details, in particular, of the non-compliance and
of any corrective measures taken.
7. An economic operator subject to certification by a notified body or supplying
services or parts to manufacturers shall permit notified bodies to have access to its
documentation and to its premises to the extent that this is needed for the activities of
the notified bodies. It shall produce correct information for notified bodies and shall
correct any incorrect information. Moreover, this economic operator shall inform the
notified body within one month of all changes that might affect the compliance with
this Regulation.
Article 20
Procedural rights of economic operators
1. Any definitive or interim measure, decision or order taken or made by authorities
pursuant to this Regulation against an economic operator and the natural or legal
persons acting on their behalf shall state the exact grounds on which it is based.
2. Any such measure, decision or order shall be communicated without delay to the
relevant economic operator and the natural or legal persons acting on their behalf,
who shall at the same time be informed of the remedies available to them under the
law of the Member State concerned and of the time limits to which those remedies
are subject.
3. Before a measure, decision or order referred to in paragraph 1 is taken or made, the
economic operator concerned shall be given the opportunity to be heard within an
appropriate period of not less than 10 working days, unless there is urgency of the
measure, decision or order, based on health or safety requirements or other grounds
relating to the public interests covered by this Regulation.
EN 56 EN
4. If the measure, decision or order is taken or made without the economic operator
being given the opportunity to be heard, the economic operator shall be given that
opportunity as soon as possible thereafter and that measure, decision or order can be
reviewed promptly by the market surveillance authority.
5. Member States shall ensure that any measure covered by this Article can be
appealed, with or without prior administrative appeal procedure, before a competent
court. That court shall also be competent for deciding on the suspensive effect of the
appeal or interim measures to be imposed by the court in view of both the public
interest and the interests of the economic operator.
Article 21
Obligations of manufacturers
1. The manufacturer shall determine the product type, respecting the boundaries set up
therefore by the definition provided in Article 3 point (31). The product type shall be
processed in accordance with the applicable assessment and verification system set
out in Annex V. The manufacturer shall draw up a declaration of performance and a
declaration of conformity in accordance with Articles 9 and Articles 11 to 15 and
affix the CE marking in accordance with Articles 16 and 17.
2. The manufacturer shall refrain from any claim about the characteristics of a product
that is not based on:
(a) the assessment method contained in a harmonised technical specification where
the relevant characteristic is covered by such; or
(b) where no such assessment method exists, an assessment method which
represents the most effective and advanced method to achieve an accurate
assessment.
3. The manufacturer shall, as the basis for the declarations referred to in paragraph 1,
draw up a technical documentation describing the intended use including the precise
conditions for use and all the elements necessary to demonstrate performance and
conformity.
That technical documentation shall contain the mandatory or facultative calculation
of environmental, including climate sustainability assessed in accordance with
harmonised technical specifications adopted under this Regulation or with
Commission acts adopted under this Regulation.
The second subparagraph shall not apply in case of used, remanufactured or surplus
products, unless the economic operator, subject to the obligations of this Article by
virtue of Article 26, opts for the application of this Regulation for new products.
4. The manufacturer shall ensure that procedures are in place to ensure that series
production maintains the declared performance and conformity. Changes in the
production process, in product design or in characteristics, and changes in the
harmonised technical specifications by reference to which performance or
conformity of a product is declared or by application of which its performance or
conformity is verified, shall be adequately taken into account and, in case the
product’s performance or conformity is affected, shall trigger a re-assessment in
accordance with the relevant assessment procedure.
EN 57 EN
The manufacturer shall, where deemed appropriate with regard to ensuring the
accuracy, reliability and stability of the declared performance and of the conformity
of a product, carry out sample testing of products placed or made available on the
market, and, if necessary, keep a register of complaints, of non-conforming products
and product recalls, and shall keep importers and distributors informed of any such
monitoring.
The procedures referred to in the first subparagraph, the sample tests referred to in
the second subparagraph and the application of the applicable system of Annex V
shall be described in the technical documentation referred to in paragraph 3.
5. The manufacturer shall ensure that its product bear a manufacturer-specific type
number and a batch or serial number. If this is impossible, the required information
shall be provided on the packaging, on an affixed tag or, as last resort, in a document
accompanying the product.
The manufacturer shall in the same way as set out in the first subparagraph label a
product as “Only for professional use” if it is not intended for consumers or other
non-professional users. Products not labelled “Only for professional use” shall be
deemed to be also intended for non-professional users and consumers in the meaning
of this Regulation and the Regulation (EU) … [Regulation on General Product
Safety].
The manufacturer shall, in a visible manner, display to customers before it is bound
by a sales contract, including in case of distance selling, the information which shall
be labelled pursuant to this Regulation or harmonised technical specifications.
6. When making a product available on the market in a certain Member State, the
manufacturer shall ensure that the product is accompanied by the information set out
in harmonised technical specifications and in Annex I Part D in a language
determined by the Member State concerned or, in absence of such determination, in a
language which can be easily understood by users.
The Commission may, by means of implementing acts determine the format and the
way of transmission of information to be provided by the manufacturer in accordance
with the first subparagraph.
Those implementing acts shall be adopted in accordance with the examination
procedure referred to in Article 88(2).
7. The manufacturer shall upload the data of the declaration of performance, of the
declaration of conformity, the information referred to in paragraph 6 and the
technical documentation in the EU product database or system established in
accordance with Article 78.
8. The manufacturer who has reason to believe that a product which it has placed on the
market is not in conformity with requirements of this Regulation or adopted in
accordance with this Regulation, shall immediately take the necessary corrective
measures to bring that product into conformity, or, if appropriate, to withdraw or
recall it. If the issue is linked to a supplied component or an externally provided
service, the manufacturer shall inform the supplier or service provider and the
manufacturer’s national competent authority thereof; the latter shall transmit the
respective information to the national competent authority responsible for the
supplier or service provider and suggest appropriate measures.
EN 58 EN
9. Where the product presents a risk or is likely to present a risk, the manufacturer shall
within two working days thereof inform the authorised representative, importers,
distributors, fulfilment service providers, and online market places involved in the
distribution, as well as the competent national authorities of the Member States in
which the manufacturer or – to its knowledge – other economic operators made the
product available. The manufacturer shall, to that effect, provide all useful details
and, in particular, specify the type of the non-compliance, the frequency of accidents
or incidents and the corrective measures taken or recommended. In case of risks
caused by products which have already reached the final user or consumer, the
manufacturer shall also alert the media and inform them about appropriate measures
to eliminate or, if not possible, to reduce the risks. In case of a “serious risk” in the
meaning of Article 3, point (71) the manufacturer shall withdraw and recall the
product at their own cost.
10. The manufacturer shall be liable for infringement of this Article and of Article 19 in
accordance with national law on contractual and extra-contractual liability.
Article 22
Additional environmental obligations of manufacturers
1. For the product characteristics specified in Annex I Part A Point 2, the manufacturer
shall assess the environmental characteristics of the product in accordance with
harmonised technical specifications or with Commission acts adopted under this
Regulation and use, once available, the latest version of the software made freely
available on the website of the European Commission. However, this shall not apply
in case of used, remanufactured or surplus products, unless the economic operator,
subject to the obligations of this Article by virtue of Article 26, opts for the
application of this Regulation as for new products.
2. Unless product safety or the safety of construction works is thereby negatively
impacted, the manufacturer has the following obligations:
(a) design and manufacture products and their packaging in such a way that their
overall environmental, including climate sustainability reaches the state of the
art level, unless a lower level:
(i) is proportionate when compared to the environmental sustainability
improvement triggered by them at the level of the construction works;
and
(ii) is either necessary to improve the environmental sustainability at the
level of the construction works.
(b) under the conditions set out in point (a)(i) and (ii) give preference to recyclable
materials and materials gained from recycling;
(c) respect the minimum recycled content obligations and other limit values
regarding aspects of environmental, including climate sustainability contained
in harmonised technical specifications;
(d) prevent premature obsolescence of products, use reliable parts and design
products in such a way that their durability does not fall beyond the average
durability of products of the respective category;
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(e) design products in such a way that they can be easily repaired, refurbished and
upgraded, unless such design triggers non-compliance with other requirements
of this Regulation, or other Union law, or repairing, refurbishing or upgrading
is risky for human safety or the environment, in which case the manufacturer
shall refrain from repairable, refurbishable or upgradable design and warn
against repairing in accordance with point (f);
(f) make available, in product databases, instructions for use and on permalinks of
their own websites, information on how to repair the products and any
additional information necessary for repairing, including relevant warnings;
(g) make available on the market itself or by specially designated distributors or by
manufacturers of spare parts, with reasonably short delivery time, spare parts
for their products for 10 years after the last product of the respective type has
been placed on the market or directly installed and inform proactively about
this availability;
(h) design products in such a way that re-use, remanufacturing and recycling are
facilitated, namely by facilitating the separation of components and materials at
the later stage of recycling and avoiding mixed, blended or intricate materials,
unless remanufacturing and recycling are risky for human safety or the
environment. In this case the manufacturer shall refrain from such design and
warn against remanufacturing and recycling in accordance with the following
point;
(i) make available, in product databases, instructions for use and on their own
websites, information on how to remanufacture or recycle the products and any
additional information necessary for re-use, remanufacturing or recycling,
including relevant warnings;
(j) accept to regain, directly or via their importers and distributors, ownership of
surplus and unsold products that are in a state equivalent to the one in which
they were placed on the market.
Where obligations of this paragraph cannot be cumulatively fulfilled due to a conflict
arising between different obligations, the manufacturer shall choose a trade-off
solution that brings the highest and most cost-effective benefits in terms of
environmental sustainability for the products and construction works combined.
However, the “safety first” principle, applicable both for the construction product
and the construction works, shall in all instances be respected, and shall encompass
protection of health.
3. Paragraph 2, points (a) to (c) and paragraph 2 point (j), shall not apply in case of
used, remanufactured or surplus products, unless the economic operator, subject to
the obligations of this Article by virtue of Article 26, opts for the application of this
Regulation as for new products.
4. In order to specify the obligations set out in paragraph 2, the Commission is
empowered to supplement this Regulation, by means of delegated acts in accordance
with Article 87, by specifying, for particular product families and categories, these
obligations. Alternatively, the Commission may issue standardisation requests which
aim at the elaboration of harmonised standards providing presumption of conformity
with the obligations of paragraph 2 for a specific product family or category. The
obligations contained in paragraph 2 shall not apply before such a delegated act or a
harmonised standard has become applicable.
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5. In order to ensure transparency for the users and to promote sustainable products, the
Commission is empowered to supplement this Regulation by delegated acts adopted
in accordance with Article 87 to establish specific environmental sustainability
labelling requirements including “traffic-light-labelling” in relation to environmental
obligations set out in paragraph 1, product inherent environmental requirements set
out in Annex I Part C Point 2, and environmental performance classes established in
accordance with of Article 4(4), point (a).
6. The manufacturer shall affix the traffic light label in the way set out in the delegated
acts adopted in accordance with paragraph 5.
Article 23
Obligations of authorised representatives
1. A manufacturer may appoint, by a written mandate, any natural or legal person
established within the Union as a single authorised representative. A manufacturer
not established in the Union shall appoint a single authorised representative.
2. Authorised representatives shall act with due care in relation to the obligations of this
Regulation. They shall be liable for gross negligence or conscious infringement of
this Article and of Article 19 in accordance with national law on contractual and
extra-contractual liability.
3. The authorised representative shall perform the tasks specified in the mandate. The
mandate shall allow the authorised representative to carry out at least the following
tasks and shall give the authorised representative the following rights:
(a) keep the declaration of performance and the technical documentation at the
disposal of national market surveillance authorities;
(b) provide the market surveillance authorities with all the information and
documentation necessary to demonstrate the conformity of the product with the
declaration of performance and compliance with other applicable requirements
in this Regulation at their reasoned request;
(c) terminate the contract where the manufacturer infringes this Regulation and
inform thereof the competent national authorities of the Member States where
the product is placed on the market and the national competent authority of his
own place of business;
(d) when having reason to believe that a product in question is non-compliant or
presents a risk, inform the national competent authorities of the Member States
where the product is placed on the market and the national competent authority
of his own place of business thereof; and
(e) cooperate with the market surveillance authorities, at their request, on any
action taken
– to eliminate risks posed by products covered by the mandate of the authorised
representative; or
– to remedy non-conformities.
The drawing up of technical documentation shall not form part of the authorised
representative’s mandate, but may become subject to a separate contract between the
manufacturer and the authorised representative.
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4. The authorised representative shall verify the compliance of the product with
requirements regarding marking, labelling, instructions for use, declaration of
performance and conformity. The authorised representative shall also verify at a
documentary level that the manufacturer satisfies his obligations set out in Article
19(4) to (6), Article 21(1) to (3) and (5) to (7), Article 22(1) and Article 22(2) points
(f) and (i), and Article 27(6).
5. Where an authorised representative considers that there is a non-compliance
mentioned in the paragraph 4, the authorised representative shall ask the
manufacturer to remedy the non-compliances. The manufacturer shall thereon stop
the placing on the market and ask other economic operators involved in the
distribution to stop their commercial activities, until the authorised representative
regards the infringements as remedied. Where the non-compliances are not remedied
within one month whilst products possibly continue to be made available on the
market, the authorised representative shall be allowed to terminate his contract with
the manufacturer and thereof inform the national competent authorities of the
Member States where the products are placed on the market and the national
competent authority of his own place of business. The latter shall coordinate joint
actions of all competent authorities, unless the national competent authorities agree
on another national competent authority to coordinate.
Article 24
Obligations of importers
1. The importer shall place on the Union market only products which are compliant
with this Regulation. Before placing a product on the market, the importer shall
verify at a documentary level that the manufacturer has complied with the
obligations set out in Article 21(1), (3) and (5) to (7) and in Article 22(2), points (f)
and (i). It shall be liable for infringement of this Article and of Article 19 in
accordance with national law on contractual and extra-contractual liability.
2. The importer shall verify that the intended use of the product has been precisely and
correctly determined by the manufacturer and shall ensure that the product is
accompanied by a clear indication of the information set out in harmonised technical
specifications and in Annex I Part D in a language determined by the Member State
concerned which can be easily understood by users. The importer shall, in a visible
manner, display to customers before they are bound by a sales contract, including in
case of distance selling, the information which shall be labelled pursuant to this
Regulation or harmonised technical specifications.
3. The importer shall ensure that, while a product is under its responsibility, storage or
transport conditions do not jeopardise its conformity with the declaration of
performance and compliance with other applicable requirements in this Regulation.
4. After having assembled all available product information from the manufacturer and
the de-installer, the importer shall in particular scrutinise used and remanufactured
products, namely with regard to damages or indications for loss of performance or
non-compliance and changed mechanical or chemical properties, and assess all risks;
when necessary to ensure safety or the protection of the environment, the importer
shall reduce the intended use or refrain from selling. This obligation shall also apply
to used and remanufactured products for which no declaration of performance is
mandatory.
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5. Where an importer considers or has reason to believe that the product is not in
conformity with the declaration of performance or not in compliance with other
applicable requirements in this Regulation, the importer shall not place the product
on the market until it conforms to the accompanying declaration of performance and
it complies with the other applicable requirements in this Regulation or until the
declaration of performance is corrected. Furthermore, where the product presents a
risk, the importer shall inform the manufacturer and the geographically responsible
national competent authority thereof.
6. The importer shall indicate its name, registered trade name or registered trade mark,
its place of business, its contact address and, where available, electronic means of
communication on the product or, where that is not possible, on its packaging or in a
document accompanying the product.
7. The importer shall investigate complaints, and, if necessary, keep a register of
complaints, of non-conforming products and of product withdrawals or recalls, and
shall keep manufacturers and distributors informed of any such monitoring.
8. The importer selling to final users shall also fulfil the obligations incumbent on
distributors.
Article 25
Obligations of distributors
1. When making a product available on the market, the distributor shall act with due
care in relation to the obligations of this Regulation. It shall be liable for
infringement of this Article and of Article 19 in accordance with national law on
contractual and extra-contractual liability.
2. When making a product available on the market, the distributor shall fulfil the
obligations incumbent on importers in accordance with Article 24(1) to (5) whilst
references to “placing on the market” shall be understood as “further making
available on the market”.
3. The distributor shall ensure that no products are sold to consumers or other non-
professional users which are labelled “for professional use only”. These products
shall, in their premises, online and on paper publicity material, be presented as
products for professional use only.
Article 26
Cases in which obligations of manufacturers apply to importers and distributors
1. An importer or distributor shall be considered a manufacturer for the purposes of this
Regulation and shall be subject to the obligations of a manufacturer pursuant to
Articles 21 and 22, where:
(a) there is no manufacturer in the meaning of this Regulation;
(b) it places a product on the market as manufacturer under its name or trademark;
(c) it modifies a product in such a way that compliance with the declaration of
performance and of conformity or with the requirements set out in and in
accordance with this Regulation may be affected;
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(d) it treats a product in a way that changes the hazards or increases the level of
risk caused by it during its life-cycle;
(e) it makes a product available on the market with an intended use that is different
from the intended use attributed by the manufacturer in the performance and
conformity assessment procedure; or
(f) it claims for it characteristics deviating from the characteristics claimed by the
manufacturer.
2. Paragraph 1 shall also apply to:
(a) an importer of used or remanufactured products, unless the used or
remanufactured product have been placed on the Union market before being
used;
(b) an importer or distributor of used products who does either of the following:
(i) subjects those used products to a transformative process going beyond
repair, cleaning and regular maintenance after being de-installed;
(ii) opts for assuming the role of the manufacturer.
3. Paragraph 1 shall not apply where the economic operator only:
(a) adds translations of the information supplied by the manufacturer;
(b) replaces the outer packaging of a product already placed on the market,
including when changing the pack size, if the repackaging is carried out in such
a way that the original condition of the product cannot be affected by it and
that the information to be provided in accordance with this Regulation is still
correctly provided.
4. An economic operator providing the activities listed in paragraph 3 shall inform
thereof the manufacturer or its authorised representative, regardless of whether they
own the products or whether they provide services. It shall carry out the repackaging
in such a way that the original condition of the product cannot be affected by the
repackaging and that the information to be provided in accordance with this
Regulation is still correctly provided. The economic operator shall act with due care
in relation to the obligations of this Regulation. It shall be liable for infringement of
this Regulation.
Article 27
Obligation of fulfilment service providers, brokers, online market places, online sellers,
online shops and online search engines
1. When contributing to the making available on the market or direct installation of a
product, fulfilment service provider or broker shall act with due care in relation to the
obligations of this Regulation. It shall be liable for infringement of this Article and of
Article 19 in accordance with national law on contractual and extra-contractual
liability.
2. A fulfilment service provider, online seller or broker shall:
(a) display, in a visible manner, to customers before they are bound by a sales
contract, including in case of distance selling, the information which shall be
labelled pursuant to this Regulation or harmonised technical specifications;
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(b) verify that the manufacturer has complied with the obligations set out in Article
21(1), (3) and (5) to (7) and Article 22(2), points (f) and (i);
(c) fulfil the obligations laid down in Article 24(5), whilst references to “placing
on the market” shall be understood as “supporting the making available on the
market”;
(d) eliminate all offers for products which are non-compliant or likely to be risky
in the meaning of Article 21(9) last sentence on their own initiative or, within
two working days, on request of the market surveillance authorities;
(e) inform concerned authorities on the measures taken in accordance with points
(b), (c) and (d);
(f) support product withdrawals or recalls, regardless of whether initiated by
authorities, the manufacturer, the authorised representative or the importer. In
cooperation with the economic operator concerned, the fulfilment service
provider or broker shall inform consumers directly of product withdrawals or
recalls. It shall keep the concerned authorities informed of any action taken.
3. An online marketplace shall:
(a) design and organise its online interface in such a way that it allows third party
traders to provide to the customers of these traders any information referred to
in paragraph 2, point (a);
(b) establish a single contact point for direct communication with Member States’
authorities in relation to non-compliant, under-performing or unsafe product.
This contact point may be the same as the one referred to in [Article 20(1)] of
Regulation (EU) …/… [the General Product Safety Regulation] or [Article
10(1)] of Regulation (EU) …/… [the Digital Services Act];
(c) give an appropriate answer without undue delay, and in any event within five
working days, in the Member State where the online marketplace operates, to
notices related to notification of accidents and other incidents with products
received in accordance with [Article 14] of Regulation (EU) […/…] on a
Single Market for Digital Services (Digital Service Act) and amending
Directive 2000/31/EC;
(d) cooperate to ensure effective market surveillance measures, including by
abstaining from putting in place obstacles to such measures;
(e) inform the market surveillance authorities of any action taken;
(f) establish a regular and structured exchange of information on offers that have
been removed on the basis of this Article by online marketplaces;
(g) allow online tools operated by market surveillance authorities to access their
interfaces in order to identify non-compliant products;
(h) upon request of the market surveillance authorities, when the online
marketplace or its online sellers have put in place technical obstacles to the
extraction of data from their online interfaces, allow those authorities to scrape
such data for product compliance purposes based on the identification
parameters provided by the requesting market surveillance authorities.
4. As far as powers conferred by Member States in accordance to Article 14 of
Regulation (EU) 2019/1020 are concerned, Member States shall confer on their
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market surveillance authorities the power, for all products covered by this
Regulation, to order an online marketplace to remove specific illegal content
referring to a non-compliant product from its online interface, to disable access to it
or to display an explicit warning to end users when they access it. Such orders shall
comply with [Article 8(1)] of Regulation (EU) …/… [the Digital Services Act].
5. An online marketplace shall take the necessary measures to receive and process in
accordance with [Article 8] of Regulation (EU) …/…[the Digital Services Act] the
orders referred to in paragraph 4.
6. The paragraphs 1 and 2, paragraph 3, points (b) to (i) and paragraphs 4 and 5 shall
also apply to manufacturers, importers, distributors or other economic operators
offering products online without involvement of an online marketplace (“online
shops”).
7. The paragraph 3, points (d) to (h) shall also apply to online search engines.
8. A fulfilment service provider shall ensure that the conditions during warehousing,
packaging, addressing or dispatching, do not jeopardise the products’ compliance
with the requirements set out in this Regulation.
Article 28
Obligations of 3D-printing service providers and of providers of moulds, of 3D-printing
datasets, and of 3D-printing materials
1. A 3D-printing service provider shall:
(a) refrain from placing on the market or directly installing products for clients
without satisfying the obligations incumbent on manufacturers;
(b) inform its clients that they may use 3D-printing services only for the
fabrication of products for their own use, unless satisfying the obligations
incumbent on manufacturers;
(c) inform its clients that the 3D-datasets and the materials to be used shall have
undergone the procedures applicable to products under this Regulation; and
(d) inform its clients that both the information provided by the manufacturer of the
3D-dataset and the information provided by the manufacturer of the printing
material shall coincide and confirm the usability of the material for that type of
3D-dataset and the given 3D-printing technology.
2. Providers of moulds and of 3D-datasets intended to produce items covered by this
Regulation shall produce 10 such items and shall make them available to the notified
body, technical assessment body and to authorities on request. Providers of moulds
and of 3D-datasets intended to produce items covered by this Regulation shall assess
and document the fulfilment of requirements of this Regulation with regard to the
produced items.
3. Providers of materials intended to be used for the 3D-printing of items covered by
this Regulation on or close to the construction site shall produce 10 such items for
each intended use and shall make them available to the notified body, technical
assessment body and to authorities on request. Providers of materials intended to be
used for the 3D-printing of items covered by this Regulation on or close to the
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construction site shall assess and document the fulfilment of requirements of this
Regulation with regard to the produced items.
Article 29
Obligations of economic operators de-installing or dealing with used products for re-use or
remanufacturing
1. An economic operator de-installing used products for re-use or re-manufacturing
shall establish protocols on the place, conditions and presumed length of use of the
de-installed product and make them available together with the products, regardless
whether it exert its activity on its own behalf or for somebody else. The economic
operator shall also make the protocols available on request to authorities, to later
users of these products and to owners of the construction works in which they were
re-installed.
2. Where an economic operator brokers, sells or otherwise makes available de-installed
used products on its own behalf or for somebody else, it shall also fulfil the
obligations of importers or distributors with regard to used products.
Article 30
Obligations of suppliers and service providers involved in the manufacturing of products
1. A supplier or service provider involved in the manufacturing of products shall:
(a) provide to manufacturers, notified bodies and authorities all available
information on the environmental sustainability of their supplied component or
service;
(b) ensure the correctness of such information namely by respecting this
Regulation and correct any errors made by communication to all their clients
and, if potentially useful, to notified bodies and authorities;
(c) permit, in absence of such information, their customers to assess that
environmental sustainability on their own expense and support that assessment,
namely by giving access to all documents, including those of commercial
character, relevant for that assessment;
(d) permit notified bodies to verify the correctness of any calculation of the
environmental sustainability and support that verification;
(e) permit notified bodies to verify the performance and compliance of the
supplied component or service and support that verification.
2. Where a supplier or service provider has been informed in accordance with the last
sentence of Article 21(8), it shall forward that information to his other clients who
have, in the last 5 years, received components or services which are identical with
regard to the issue in question. In case of a serious risk as defined in Article 3, point
(71) or a risk falling under the last sentence of Article 21(9), the supplier or service
provider shall also inform the national competent authorities of the Member States
where products with that component or manufacturing service have been made
available on the market or directly installed; where it cannot identify these Member
States, it shall inform all national competent authorities.
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Article 31
Double use and pseudo products
1. A manufacturer of double use products shall satisfy the obligations of this Regulation
for all the items of the respective type, unless they are specifically marked as “not for
construction”.
2. Other economic operators dealing with double use products shall fulfil the
obligations incumbent on them in accordance with this Regulation. In their
commercial contracts, they shall establish an obligation of their clients to do the
same and not to sell or to use items for construction which are marked as “not for
construction”.
3. For items suitable for construction for which the manufacturer has never intended
such use and which, therefore, have not been CE-marked (“pseudo products”), other
economic operators shall:
(a) not acquire or sell them as items being intended for construction without
undergoing the procedures set out in this Regulation to be undergone by
manufacturers;
(b) ensure by presentation that they cannot be understood as being intended for
construction; and
(c) establish a contractual obligation of their clients to do the same and not to use
these items for construction.
Article 32
Online and other distance sales
1. Products offered for sale online or through other means of distance sales shall be
deemed to be made available on the market if the offer is targeted at clients in the
Union. An offer for sale shall be considered to be targeted at clients in the Union if
the relevant economic operator directs, by any means, its activities to a Member
State. Inter alia, an offer shall be considered to be targeted at clients in the Union
where:
(a) the economic operator uses an official language of a Member State, unless
selling to the Union is explicitly excluded by effective means;
(b) the economic operator uses the currency of the Member States or a crypto-
currency covered by Regulation (EU) […]47 unless, in the latter case, selling to
the Union is explicitly excluded by effective means;
(c) the economic operator has the used internet domain name registered in one of
the Member States or uses an internet domain that refers to the Union or one of
the Member States; or
(d) the geographical areas to which dispatch is available includes a Member State.
47
Future Regulation of the European Parliament and of the Council on Markets in Crypto-assets, and
amending Directive (EU) 2019/1937, see COM/2020/593 final.
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2. Member States shall designate a single centralised market surveillance authority
responsible for detecting products offered from economic operators outside the
Union to clients on their territory online and via other distance sales methods.
Article 33
Implementing acts on economic operators’ obligations and rights
Where this is necessary to ensure a harmonised application of this Regulation and only to the
extent necessary to prevent diverging practices creating an uneven playing field for economic
operators, the Commission may adopt implementing acts providing details on how to execute
the obligations and rights of economic operators contained in this Chapter.
Those implementing acts shall be adopted in accordance with the examination procedure
referred to in Article 88(2).
CHAPTER IV
CONSTRUCTION PRODUCTS STANDARDS AND EUROPEAN ASSESSMENT
DOCUMENTS
Article 34
Construction products standards
1. Construction products standards shall be established by the European standardisation
organisations on the basis of a standardisation request issued by the Commission.
2. Construction products standards developed pursuant to Article 4(2) shall be of
mandatory application for purposes of this Regulation as of six months after the
publication of their reference in the Official Journal in accordance with paragraph 4,
but may be voluntarily applied on request of the manufacturer as from the date of
that publication. They shall provide the methods and the criteria for assessing the
performance of the products in relation to their essential characteristics. These
standards shall, where appropriate and without endangering the accuracy, reliability
or stability of the results, provide methods less onerous than testing for assessing the
performance of the products in relation to their essential characteristics, classes,
threshold levels or product requirements.
3. Construction products standards developed pursuant to the second sentence of
Article 5(2) or the third sentence of Article 22(4) shall be voluntary. Products which
are in conformity with voluntary standards adopted in accordance with Article 5(2),
or parts thereof, the references of which have been published in the Official Journal
of the European Union shall be presumed to be in conformity with the requirements
laid down in Annex I Part B and C, as specified for the respective product family or
category by harmonised technical specifications adopted in accordance with the
second sentence of Article 5(2), to the extent that those requirements are covered by
such voluntary standards and that this coverage has been precisely stated in the
respective harmonised standard. Manufacturers who comply with voluntary
standards adopted in accordance with Article 22(2), or parts thereof, the references of
which have been published in the Official Journal of the European Union shall be
presumed to be in conformity with the obligations set out in Article 22(2), to the
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extent that those obligations are covered by such standards and that this coverage has
been precisely stated in the respective standard.
4. The Commission shall assess the conformity of construction products standards
established by the European standardisation organisations with the relevant
standardisation requests, with this Regulation and with other Union law. The
Commission shall publish or publish with restrictions in the Official Journal of the
European Union the list of references of accepted conforming construction products
standards that have been made available at an affordable price. Where a reference to
a standard cannot be published otherwise in the Official Journal, the Commission is
empowered to supplement this Regulation by delegated acts adopted in accordance
with Article 86 to modify the respective standards for purposes of legal effects under
this Regulation.
Article 35
European assessment document
1. Article 4(1) and (4), Article 6, Article 9 and Articles 11 to 17 shall apply to European
assessment documents. Where the CE marking is issued on the basis of a European
assessment document and European technical assessment, the European assessment
document shall be referred to in the declaration of performance and the declaration of
conformity.
2. Following a request for a European technical assessment by a manufacturer or a
group of manufacturers or on initiative of the Commission, a European assessment
document may be drawn up and adopted by the organisation of technical assessment
bodies (‘TABs’) in agreement with the Commission for any product not covered by:
(a) a harmonised technical specification;
(b) a harmonised technical specification intended to be adopted in the next 2 years
as from the date of verification with the Commission;
(c) another European assessment document already cited in the Official Journal or
submitted to the Commission for citation therein.
The product shall not be considered as covered by the harmonised technical
specification where:
(i) the intended use of the product is different than the intended use supposed in
the document,
(ii) the materials used are not identical to the materials intended to be used under
the document, or
(iii) the assessment method of the document is not appropriate for that product.
3. The organisation of TABs and the Commission may bundle or reject requests for the
development of a European assessment document. The procedure for adopting the
European assessment document shall respect Article 36 and shall comply with
Article 37 and Annex III.
4. The Commission is empowered to amend Annex III by delegated act adopted in
accordance with Article 87 to establish supplementary procedural rules for the
development and adoption of a European assessment document, where this is
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necessary to ensure the good functioning of the European assessment documents
system.
Article 36
Principles for the development and adoption of European assessment documents
1. The procedure for developing and adopting European assessment documents shall
respect the following principles:
(a) be transparent to Member States, the manufacturer concerned and to other
manufacturers or stakeholders that request to be informed;
(b) disclose as little as possible information protected by intellectual property
rights, and protect commercial secrecy and confidentiality;
(c) specify appropriate mandatory time limits in order to avoid unjustified delay;
(d) allow at any stage for adequate participation by the Member States and the
Commission;
(e) be cost-effective for the manufacturer; and
(f) ensure sufficient collegiality and coordination amongst TABs designated for
the product in question.
The balancing of principles laid down in points (a) and (b) shall at least allow for the
disclosure of the name of the product at the stage of the approval and the
communication of the work programme, as set out in Annex III, point 3., and the
detailed contents of the draft European assessment document set out in Annex III,
point 7.
2. The TABs shall, together with the organisation of TABs, bear the full costs of the
development and adoption of European assessment documents, unless it is started on
initiative of the Commission.
3. TABs and the organisation of TABs shall avoid any proliferation of European
assessment documents where there is no technical justification for differentiating
between products and therefore in particular give preference to the extension of a
scope of an existing European assessment document.
4. TABs and the organisation of TABs shall refrain from developing European
assessment documents where there is a high likelihood of duplication with
harmonised technical specifications or pre-existing European assessment documents
and shall withdraw duplicating European assessment documents.
Article 37
Obligations of the TAB receiving a request for a European technical assessment
1. The TAB receiving a request for a European technical assessment from a
manufacturer, a group of manufacturers or the manufacturers’ association shall
inform the applicant if the product is covered, fully or partially, by a harmonised
technical specification or European assessment document as follows:
(a) where the product is fully covered by a harmonised technical specification, the
TAB shall inform the manufacturer, the group of manufacturers or the
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manufacturers’ association that, in accordance with Article 35(2), a European
technical assessment cannot be issued;
(b) where the product is fully covered by a European assessment document the
reference of which has been cited in the Official Journal, the TAB shall inform
the manufacturer, the group of manufacturers or the manufacturers’ association
that such a document will be used as the basis for the European technical
assessment to be issued;
(c) where the product is not covered by any harmonised technical specification or
European assessment document and where no such harmonised technical
specification is intended to be adopted in the next two years, or no such or
European assessment document is already in the procedure of developing
pursuant to Annex III, the TAB shall apply the procedures set out in Annex III
or those established in accordance with Article 35(4).
2. In the cases referred to in paragraph 1, points (b) and (c), the TAB shall inform the
organisation of TABs and the Commission of the content of the request and of the
reference to a relevant Commission act determining the assessment and verification
system, which the TAB intends to apply for that product, or of the lack of such a
Commission decision.
3. If the Commission considers that an appropriate Commission act determining the
assessment and verification system does not exist for the product, it may adopt such
act in accordance with Article 6(1).
Article 38
Publication of references
1. The Commission shall assess the conformity of European assessment documents
with harmonised technical specifications, with this Regulation and with other Union
law. The Commission shall publish or publish with restriction in the Official Journal
of the European Union the list of references of accepted conforming European
assessment documents. The Commission shall publish any updates to that list.
2. Only European assessment documents referred to in that list and published in at least
one language of the Union by either the Commission or by the organisation of TABs
shall authorise the issuing of European technical assessments in accordance with
Article 42 and trigger legal effects in accordance with Article 42(5), including with
regard to the manufacturer who requested the development of the European
assessment document. This legal effect of European assessment documents shall
expire ten years after their first citation in the Official Journal of the European Union
unless they have been renewed in the last year prior to expiry and the Commission
decides to maintain the listing.
Article 39
Dispute resolution in cases of disagreement between TABs
If the TABs do not agree upon the European assessment document within the time limits
provided for, the organisation of TABs shall submit this matter to the Commission for
appropriate resolution, including instructions to this organisation how to complete its work.
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Article 40
Content of the European assessment document
1. A European assessment document shall contain the following elements:
(a) a description of the product covered; and
(b) the list of essential characteristics, relevant for the intended use of the product
as set out by the manufacturer and agreed between the manufacturer and the
organisation of TABs, and the methods and criteria for assessing the
performance of the product in relation to those essential characteristics.
2. Principles for the applicable factory production control to be applied shall be set out
in the European assessment document, taking into account the conditions of the
manufacturing process of the product concerned.
3. Where the performance of some of certain essential characteristics of the product can
appropriately be assessed with methods and criteria established in harmonised
technical specifications or European assessment documents, those existing methods
and criteria shall be incorporated as parts of the European assessment document,
unless there are good reasons to deviate from this rule.
Article 41
Formal objections against European assessment documents
1. A Member State shall inform the Commission of all of the following:
(a) where it considers that a European assessment document does not entirely
satisfy applicable legal requirements or the demands to be met in relation to the
basic requirements for construction works or product requirements set out in
Annex I;
(b) where it considers that a European assessment document raises a major
concern for human health and safety, the protection of the environment or
consumer protection;
(c) where it considers that a European assessment document does not fulfil the
requirements set out in Article 35(2),
The Member State concerned shall substantiate its viewpoints. The Commission shall
consult the other Member States on the issues raised by the Member State concerned.
2. In the light of the views of all the Member States, the Commission shall decide to
publish, not to publish, to publish with restriction, to maintain, to maintain with
restriction or to withdraw the references to the European assessment documents
concerned in the Official Journal of the European Union.
3. The Commission shall inform the organisation of TABs of its decision referred to in
paragraph 2 and, where necessary, request the revision of the European assessment
document concerned.
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Article 42
European technical assessment
1. The European technical assessment shall be issued by a TAB, at the request of a
manufacturer on the basis of a European assessment document established in
accordance with the procedures set out in Article 37 and Annex III the reference of
which has been cited in the Official Journal of the European Union in accordance
with Article 38.
Provided that there is a European assessment document, a European technical
assessment may be issued even in the case where a standardisation request has been
issued. Such issuing shall be possible until the citation of the construction products
standard in the Official Journal of the Union.
2. The European technical assessment shall include the performance to be declared, by
levels or classes, or in a description, of those essential characteristics agreed by the
manufacturer and the TAB receiving the request for the European technical
assessment for the declared intended use, and technical details necessary for the
implementation of the assessment and verification system.
3. The Commission may adopt implementing acts to establish the format of the
European technical assessment.
Those implementing acts shall be adopted in accordance with the examination
procedure referred to in Article 88(2).
4. European technical assessments issued on the basis of a European assessment
document remain valid for five years after the expiry date of the European
assessment document in accordance with Article 38(2).
5. Products covered by a European assessment document for which a European
technical assessment has been issued may be CE marked and thereby obtain the same
status as products CE marked on the basis of harmonised technical specifications,
where the manufacturer satisfies the obligations set out in this Regulation. Where
these obligations refer to harmonised technical specifications, the manufacturer shall
refer to the European assessment document instead or, where the harmonised
technical specifications are also relevant, in addition.
CHAPTER V
TECHNICAL ASSESSMENT BODIES
Article 43
Designating authorities
1. Member States wishing to designate technical assessment bodies shall designate a
single authority in charge of technical assessment bodies (hereafter: the “designating
authority”). Designating authorities shall satisfy the requirements for notifying
authorities set out in Articles 48(1) and Article 49. The designating authority shall
not be eligible for designation in accordance with Article 44(1).
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2. Unless otherwise specified in this Chapter, the provisions applicable to notifying
authorities and to notification procedures apply also to designating authorities and to
the designation procedures. However, Member States may not use accreditation.
Article 44
Designation, monitoring and evaluation of TABs
1. Member States may designate Technical Assessment Bodies (TABs) within their
territories for one or several product areas listed in of Annex IV, Table 1. The
Commission is empowered to amend this table by delegated acts adopted in
accordance with Article 87 to adapt it to technical progress.
Member States shall communicate the name of the technical assessment body, its
address and the product areas referred to in the first sentence to the Commission.
2. The Commission shall publish the list of those TABs that satisfy applicable legal
requirements referred to Article 45(1) and (2) by electronic means and indicate the
product areas for which they are designated and any limitations in the most precise
possible way.
The Commission shall publish any updates to that list.
3. The designating authority designated in accordance with Article 43 shall monitor the
activities and competence of the TABs designated in their respective Member State,
and where necessary their subsidiaries and subcontractors, and evaluate them in
relation to the respective requirements set out in this Chapter. The designating
authority shall instruct the TABs wherever there is an infringement of law or
common practice agreed between the Member States and the Commission. In case of
repeated infringement of the law, it may revoke the designation of the TAB.
Member States shall inform the Commission of their national procedures for the
designation of TABs, of the monitoring of their activity and competence, and of any
changes to that information.
4. TABs shall, without delay, and at the latest within 15 days, inform the relevant
Member State and notified authority of any changes which may affect their
compliance with the requirements set out in this chapter or their ability to satisfy
their obligations under this Regulation.
5. The Commission may investigate the compliance of TABs with the requirements set
out in this chapter, as well as the fulfilment by the responsible designating authorities
of their monitoring obligations.
6. TABs shall, upon request by the relevant designating authority, supply all relevant
information and documents, required to enable the authority, the Commission and the
Member States to verify compliance.
7. Where a TAB no longer complies with the requirements of this Regulation, the
Member State shall withdraw the designation of that TAB for the relevant product
area and inform the Commission and the other Member States thereof. Articles 58
and 59 apply.
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Article 45
Requirements for TABs
1. A TAB shall be competent and equipped to carry out the assessment in the product
area for which it has been designated. The decision making staff and at least half of
the technical competent staff of the TAB shall be located in the designating Member
State.
2. The TAB shall satisfy the requirements set out in Annex IV, Table 2 within the scope
of its designation. Article 50(1) to (5), Article 50(6) points (a) and (b), Article 50(7),
(8) and (10) and Article 51 shall apply.
3. A TAB shall have made publicly available its organigram and the names of the
members of its internal decision-making bodies.
Where a TAB no longer complies with the requirements referred to in paragraphs 1
and 2, the Member State shall withdraw the designation of that TAB for the relevant
product area and inform the Commission and the other Member States thereof.
Article 46
Coordination of TABs
1. The TABs shall establish an organisation for technical assessment (“organisation of
TABs”) under this Regulation.
2. The organisation of TABs shall at least carry out the following tasks:
(a) investigate the potential for new harmonised technical specifications and
inform the Commission of such potential;
(b) organise the coordination of the TABs and, if necessary, ensure cooperation
and consultation with other stakeholders;
(c) ensure that examples of best practice are shared between TABs to promote
greater efficiency and provide a better service to industry;
(d) develop and adopt European assessment documents;
(e) coordinate the application of the procedures set out in Article 65(2) and in
Article 66(1), as well as provide the support needed to that end;
(f) inform the Commission of any question related to the preparation of European
assessment documents and of any aspects related to the interpretation of the
procedures set out in Article 65(2) and in Article 66(1) and suggest
improvements to the Commission based on experience gained;
(g) communicate any observations concerning a TAB not satisfying its tasks in
accordance with the procedures set out in Article 65(2) and in Article 66(1) to
the Commission and the Member State which designated the TAB;
(h) report annually to the Commission on the fulfilment of the tasks referred to
above, and in particular on the geographical distribution of the TABs, the
allocation of European assessment document development tasks to the TABs
and the performance and the independence of TABs; and
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(i) ensure that adopted European assessment documents and references to
European technical assessments are kept publicly available in all EU
languages.
The organisation of TABs shall asset up a secretariat in order to carry out these tasks.
3. Member States shall ensure that the TABs contribute with financial and human
resources to the organisation of TABs. The value of the contribution of each TAB
shall not be less than 2% of its annual budget or turn-over.
4. The weight in the decision making process of the organisation of TABs shall not
depend on the TABs’ financial contribution, the number of European assessment
documents developed or the number of European technical assessments issued by
them.
5. The Commission shall be invited to participate in all meetings of the organisation of
TABs.
6. The Commission may make the financing of the organisation of TABs, regardless of
via grants or public tenders, subject to the fulfilment of certain organisational and
performance requirements, including with regard to a fair geographic distribution of
TABs.
CHAPTER VI
NOTIFYING AUTHORITIES AND NOTIFIED BODIES
Article 47
Notification
Member States shall notify the Commission and the other Member States of bodies authorised
to carry out third-party tasks in the assessment and verification of performance, assessment of
conformity and of the verification of environmental sustainability calculations for the
purposes of this Regulation (hereinafter referred to as ‘notified bodies’).
Member States shall inform the Commission of their national procedures for the assessment
and notification of bodies to be authorised to carry out these tasks. The Commission shall
make that information publicly available.
Article 48
Notifying authorities
1. Member States shall designate a notifying authority responsible for setting up and
carrying out the necessary procedures for the assessment and notification of the
bodies to be authorised to carry out third-party tasks in the assessment and
verification process for the purposes of this Regulation, and for the monitoring of
notified bodies, including their compliance with requirements laid out in Article 50.
2. Member States may decide that the assessment and monitoring referred to in
paragraph 1 shall be carried out by their national accreditation bodies in accordance
with Chapter II of Regulation (EC) No 765/2008. Member States shall instruct their
national accreditation body to take as a basis for accreditation only the precise legal
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body applying for accreditation and to assess that body against the relevant
requirements and tasks laid down in this Regulation.
3. Where the notifying authority delegates the assessment, notification or monitoring
referred to in paragraph 1 to a body which is not a governmental entity that body
shall be a legal person and shall comply with the requirements laid down in Article
49. In addition, it shall have arrangements to cover liabilities arising from its
activities.
4. The notifying authority shall take full responsibility for the tasks performed by the
body referred to in paragraphs 2 and 3.
5. The Commission shall provide for the organisation of exchange of experience
between the Member States’ national authorities responsible for policy on
notification and notifying authorities.
Article 49
Requirements relating to notifying authorities
1. The notifying authority shall be established in such a way that no conflicts of interest
with notified bodies occur.
2. The notifying authority shall be organised and operated so as to safeguard the
objectivity and impartiality of its activities.
3. The notifying authority shall be organised in such a way that each decision relating
to notification of a body to be authorised to carry out third party tasks in the
assessment and verification process is taken by competent persons different from
those who carried out the assessment.
4. The notifying authority shall not offer or provide activities performed by notified
bodies, or consultancy services on a commercial or competitive basis.
5. The notifying authority shall safeguard the confidentiality of the information
obtained. However, it shall, upon request, exchange information on notified bodies
with the Commission, with notifying authorities of other Member States and with
other relevant national authorities.
6. The notifying authority shall have a sufficient number of competent personnel and
sufficient funding at its disposal for the proper performance of its tasks. The
Commission may adopt implementing acts laying down a minimum number of full-
time equivalences considered sufficient for the proper monitoring of notified bodies,
where appropriate in relation to specific conformity assessment tasks. Where
monitoring is carried out by a national accreditation body or a body referred to in
Article 48(3), this minimum number shall apply to that body.
Those implementing acts shall be adopted in accordance with the examination
procedure referred to in Article 88(2).
Article 50
Requirements for notified bodies
1. For the purposes of notification, a conformity assessment body shall meet the
requirements laid down in paragraphs 2 to 11.
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2. A conformity assessment body shall be established under national law and have legal
personality.
3. A conformity assessment body shall be independent of the organisation or the
product it assesses.
It shall be independent of any and all business ties with organisations having an
interest in the products it assesses, manufacturers, their trade partners or their
shareholding investors, as well as with other notified bodies and their business
associations, parent companies or subsidiaries. This does not preclude the notified
body from carrying out assessment and verification activities for competing
manufacturers.
A body belonging to a business association or professional federation representing
undertakings involved in the design, manufacturing, provision, assembly, use or
maintenance of products which it assesses, may, on condition that its independence
and the absence of any conflict of interest are demonstrated, be considered such an
independent body.
4. A notified body, its top-level management and the personnel responsible for carrying
out the third party tasks in the assessment and verification process shall not be the
designer, manufacturer, supplier, importer, distributor, installer, purchaser, owner,
user or maintainer of the products which it assesses, nor the representative of any of
those parties. This shall not preclude the use of assessed products that are necessary
for the operations of the notified body or the use of products for personal purposes.
A notified body, its top-level management and the personnel responsible for carrying
out the third party tasks in the assessment and verification process shall not become
directly involved in the design, manufacture or construction, marketing, installation,
use or maintenance of those products, nor represent the parties engaged in those
activities. They shall not engage in any activity that may conflict with their
independence of judgement and integrity related to the activities for which they have
been notified nor provide consultancy services.
A notified body shall ensure that activities of its parent or sister companies, its
subsidiaries or subcontractors do not affect the confidentiality, objectivity and
impartiality of its assessment and/or verification activities.
The establishment and the supervision of internal procedures, general policies, codes
of conduct or other internal rules, the assignment of personnel to specific tasks and
the conformity assessment decisions may not be delegated to a subcontractor or a
subsidiary.
5. A notified body and its personnel shall carry out the third party tasks in the
assessment and verification process with the highest degree of professional integrity
and requisite technical competence in the specific field and shall be free from all
pressures and inducements, particularly financial, which might influence their
judgement or the results of their assessment and/or verification activities, especially
from persons or groups of persons with an interest in the results of those activities.
6. A notified body shall be capable of carrying out all the third party tasks in the
assessment and verification process assigned to it in accordance with Annex V in
relation to which it has been notified, whether those tasks are carried out by the
notified body itself or on its behalf and under its responsibility.
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At all times and for each assessment and verification system and for each kind or
category of products, essential characteristics and tasks in relation to which it has
been notified, the notified body shall have the following at its disposal:
(a) the necessary personnel with technical knowledge and sufficient and
appropriate experience to perform the third party tasks in the assessment and
verification process. Personnel responsible for taking assessment decisions
shall be employed by the notified body under the national law of the notifying
Member State, shall not have any other potentially conflicting loyalty
obligation or potential conflict of interest, shall be competent to verify the
assessments made by other staff, external experts or subcontractors. Its number
shall be sufficient to ensure business continuity and a consistent approach to
conformity assessments;
(b) the necessary description of procedures according to which the assessment
process is carried out, ensuring the transparency and the ability of reproduction
of these procedures. This shall include a qualification matrix matching relevant
personnel, their respective status and tasks within the conformity assessment
body with the conformity assessment tasks in relation to which the body
intends to be notified;
(c) appropriate policies and procedures in place that distinguish between the tasks
it carries out as a notified body and other activities;
(d) the necessary procedures to perform its activities which take due account of the
size of an undertaking, the sector in which it operates, its structure, the degree
of complexity of the product technology in question and the mass or serial
nature of the production process.
A notified body shall have the means necessary to perform the technical and
administrative tasks connected with the activities for which it intends to be notified
in an appropriate manner and shall have access to all necessary equipment or
facilities.
7. The personnel responsible for carrying out the activities in relation to which the body
intends to be notified, shall have the following:
(a) sound technical and vocational training covering all the third party tasks in the
assessment and verification process within the relevant scope for which the
body has been notified;
(b) satisfactory knowledge of the requirements of the assessments and verifications
it carries out and adequate authority to carry out such operations;
(c) appropriate knowledge and understanding of the applicable harmonised
technical specifications and of the relevant provisions of the Regulation;
(d) the ability required to draw up the certificates, records and reports to
demonstrate that the assessments and the verifications have been carried out.
8. The impartiality of the body, its top-level management and assessment personnel
shall be guaranteed.
The remuneration of the body’s top-level management and assessment personnel
shall not depend on the number of assessments carried out or on the results of such
assessments.
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9. A notified body shall take out liability insurance unless liability is assumed by the
Member State in accordance with national law, or the Member State itself is directly
responsible for the assessment and/or the verification performed.
10. The personnel of the notified body shall be bound to observe professional secrecy
with regard to all information gained in carrying out its tasks under Annex V, except
in relation to the competent administrative authorities of the Member State in which
its activities are carried out. Proprietary rights shall be protected.
11. A notified body shall ensure that its assessment personnel is informed of the relevant
standardisation activities and shall participate in, and ensure that its assessment
personnel is informed of, activities of the notified body coordination group
established under this Regulation and shall apply as general guidance the
administrative decisions and documents produced as a work result of that group.
Article 51
Presumption of conformity
A conformity assessment body to be authorised to carry out third party tasks in the assessment
and verification process which demonstrates its conformity with the criteria laid down in the
relevant harmonised standards or parts thereof, the references of which have been published
in the Official Journal of the European Union, shall be presumed to comply with the
requirements set out in Article 50 in so far as the applicable harmonised standards cover those
requirements.
Article 52
Formal objection
Where a Member State or the Commission has a formal objection to the harmonised standards
referred to in Article 51, the provisions of Article 11 of Regulation (EU) 1025/2012 shall
apply.
Article 53
Subsidiaries and subcontractors of notified bodies
1. Where a notified body subcontracts specific tasks connected with the third party
tasks in the assessment and verification process or has recourse to a subsidiary, it
shall ensure that the subcontractor or the subsidiary meets the requirements set out in
Article 50, and shall inform the notifying authority accordingly.
2. The notified body shall take full responsibility for the tasks performed by
subcontractors or subsidiaries wherever these are established. The relevant notified
bodies shall establish procedures for the on-going monitoring of the competence,
activities and performance of its subcontractors or subsidiaries, taking into account
the qualification matrix referred to in Article 50(6) point (b).
3. Activities may be subcontracted or carried out by a subsidiary only with the
agreement of the client.
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4. The notified body shall keep at the disposal of the notifying authority the relevant
documents concerning the assessment and monitoring of the qualifications of any
subcontractor or the subsidiary and the tasks carried out by such parties under Annex
V.
Article 54
Use of facilities outside the testing laboratory of the notified body
1. On request of the manufacturer and where justified by technical, economic or logistic
reasons, notified bodies may decide to carry out the tests referred to in Annex V, for
the assessment and verification systems 1+, 1 and 3 or have such tests carried out
under their supervision, either in the manufacturing plants using the test equipment
of the internal laboratory of the manufacturer or, with the prior consent of the
manufacturer, in an external laboratory, using the test equipment of that laboratory.
Notified bodies carrying out such tests shall be specifically designated as competent
to work away from their own test facilities and shall in that regard comply with the
requirements laid down in Article 50.
2. Before carrying out the tests referred to in paragraph 1, notified bodies shall verify
whether the requirements of the test method are satisfied and shall evaluate whether:
(a) test equipment has an appropriate calibration system and the traceability of the
measurements is guaranteed; and
(b) the quality of the test results is ensured.
Notified bodies shall assume full responsibility for the tests in their entirety,
including the accuracy and traceability of calibration and measurements, and for the
reliability of the test results
Article 55
Application for notification
1. A body to be authorised to carry out third party tasks in the assessment and
verification process shall submit an application for notification to the notifying
authority of the Member State in which it is established.
2. The application shall be accompanied by a description of the activities to be
performed, the assessment and/or verification processes for which the body claims to
be competent, the qualification matrix referred to in Article 50(6), point (b), an
accreditation certificate, where one exists, issued by the national accreditation body
within the meaning of Regulation (EC) No 765/2008, attesting that the body meets
the requirements laid down in Article 50. The accreditation certificate shall relate
only to the specific conformity assessment body applying for notification and not
take account of the capacities or personnel of parent or sister companies. It shall be
based, in addition to relevant harmonised standards, on the specific requirements and
assessment tasks.
3. Where the body concerned cannot provide an accreditation certificate, it shall
provide the notifying authority with all documentary evidence necessary for the
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verification, recognition and regular monitoring of its compliance with the
requirements laid down in Article 50.
Article 56
Notification procedure
1. Notifying authorities may notify only bodies which have satisfied the requirements
laid down in Article 50.
2. They shall notify the Commission and the other Member States, notably using the
electronic notification tool developed and managed by the Commission.
Exceptionally, for cases set out in Annex VI, for which the appropriate electronic
tool is not available, a hard copy of the notification shall be accepted.
3. The notification shall include full details of the functions to be performed, reference
to the relevant harmonised technical specification and, for the purposes of the system
set out in Annex V, the essential characteristics for which the body is competent.
However, reference to the relevant harmonised technical specification is not required
in the cases set out in Annex VI.
4. Where a notification is not based on an accreditation certificate as referred to in
Article 55(2), the notifying authority shall provide the Commission and the other
Member States with all documentary evidence which attests to the body’s
competence and the arrangements in place to ensure that that body will be monitored
regularly and will continue to satisfy the requirements laid down in Article 50.
5. A notification may become valid only where no objections are raised by the
Commission or the other Member States within 2 weeks of notification, where an
accreditation certificate is used, or within 2 months of notification, where an
accreditation certificate is not used.
The notification shall become valid the day after the body is included in the list of
notified bodies referred to in Article 57(2) by the Commission. The Commission
shall not list a body if it is aware or becomes aware that the relevant body does not
meet the requirements laid down in Article 50.
6. The body concerned may perform the activities of a notified body only after the
notification has become valid. Only such a body shall be considered as a notified
body for the purpose of this Regulation.
7. The Commission and the other Member States shall be notified of any subsequent
relevant changes to the notification.
Article 57
Identification numbers and lists of notified bodies
1. The Commission shall assign an identification number to each notified body.
It shall assign a single such number even where the body is notified under several
Union acts.
2. The Commission shall make publicly available the list of bodies notified under this
Regulation, including the identification numbers that have been allocated to them
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and the activities for which they have been notified, notably using the electronic
notification tool developed and managed by the Commission.
The Commission shall ensure that this list is kept up-to-date.
Article 58
Changes to the notification
1. Where a notifying authority has ascertained or has been informed that a notified body
no longer meets the requirements laid down in Article 50, or that it is failing to fulfil
its obligations, the notifying authority shall restrict, suspend or withdraw the
notification as appropriate, depending on the seriousness of the failure to meet those
requirements or to fulfil those obligations.
2. In the event of withdrawal, restriction or suspension of notification or where the
notified body has ceased its activity, the notifying Member State concerned shall take
the appropriate steps to ensure that the files of that body are either processed by
another notified body or kept available for the responsible notifying and market
surveillance authorities at their request.
Article 59
Challenge of the competence of notified bodies
1. The Commission shall investigate all cases where it doubts, or doubt is brought to its
attention regarding, the competence of a notified body or the continued fulfilment by
a notified body of the requirements and responsibilities to which it is subject.
2. The notifying Member State shall provide the Commission, on request, with all
information related to the basis for notification or the maintenance of the competence
of the body concerned.
3. The Commission shall ensure that all sensitive information obtained in the course of
its investigations is treated confidentially.
Article 60
Operational obligations for notified bodies
1. Notified bodies shall, in accordance with Annex V:
(a) assess the performance and the conformity of products;
(b) verify the conformity of products and of the manufacturer;
(c) verify the constancy of performance of products;
(d) verify the calculation of environmental sustainability calculations undertaken
by the manufacturer.
These tasks are hereafter referred to as “assessments and verifications”.
2. Assessments and verifications shall be carried out with transparency as regards the
manufacturer, and in a proportionate manner, avoiding an unnecessary burden for
economic operators. The notified bodies shall perform their activities taking due
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account of the size of the undertaking, the sector in which the undertaking operates,
its structure, the degree of complexity of the product technology in question and the
mass or serial nature of the production process.
In so doing, the notified bodies shall nevertheless respect the degree of rigour
required for the product by this Regulation and the part played by the product for the
fulfilment of all basic requirements for construction works.
3. Where, in the course of the initial inspection of the manufacturing plant and of
factory production control, a notified body finds that the manufacturer has not
ensured the constancy of performance and conformity of the manufactured product,
it shall require the manufacturer to take appropriate corrective measures and shall not
issue a certificate.
4. Where, in the course of the monitoring activity aiming at the verification of
conformity and of the constancy of performance of the manufactured product, a
notified body finds that a product no longer has the same performance to that of the
product-type, it shall require the manufacturer to take appropriate corrective
measures and shall suspend or withdraw its certificate if necessary.
5. Where corrective measures are not taken or do not have the required effect, the
notified body shall restrict, suspend or withdraw any certificates, as appropriate.
6. When taking assessment decisions, including when deciding on the need to suspend
or withdraw a certificate or approval decisions in light of possible non-compliances,
notified bodies shall apply clear and pre-determined criteria.
7. Notified bodies shall ensure rotation between the personnel carrying out different
assessment tasks.
Article 61
Information obligations for notified bodies
1. Notified bodies shall inform the notifying authority of the following:
(a) any refusal, restriction, suspension or withdrawal of certificates;
(b) any circumstances affecting the scope of, and conditions for, notification;
(c) any request for information on assessment or verification activities carried out
which they have received from market surveillance authorities; and
(d) on request, third party tasks in accordance with the systems of assessment and
verification carried out within the scope of their notification and any other
activity performed, including cross-border activities and subcontracting.
2. Notified bodies shall provide the other bodies notified under this Regulation carrying
out similar third party tasks in accordance with the assessment and verification
systems and for products covered by the same harmonised technical specification
with relevant information on issues relating to negative and, on request, positive
results from these assessments verifications, and therein in particular any refusal,
restriction, suspension, or withdrawal of certificates or test reports. On request from
other notified bodies or an authority, a notified body shall confirm the status of
certificates or test reports issued by it.
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3. Where the Commission or the market surveillance authority of a Member State
submits a request to a notified body established on the territory of another Member
State relating to an assessment carried out by that notified body, it shall send a copy
of that request to the notifying of that other Member State. The notified body
concerned shall respond without delay and within 15 days at the latest to the request.
The notifying authority shall ensure that such requests are resolved by the notified
body unless there is a legitimate reason for not doing so.
4. 4. Notified bodies shall share with the market surveillance or notifying authority
concerned, as appropriate, evidence on all of the following:
(a) another notified body does not comply with the requirements laid down in
Article 50 or its obligations;
(b) a product placed on the market does not comply with this Regulation;
(c) a product placed on the market, due to its physical condition, is likely to cause
a serious risk.
Article 62
Implementing acts on notified bodies’ obligations and rights
Where this is necessary to ensure a harmonised application of this Regulation and only to the
extent necessary to prevent diverging practices leading to unequal treatment of and creating
an uneven playing field for economic operators, the Commission may, adopt implementing
acts providing details on how to execute the obligations of notified bodies contained in
Articles 60 and 61.
Those implementing acts shall be adopted in accordance with examination procedure referred
to in Article 88(2).
Article 63
Coordination of notified bodies
The Commission shall ensure that appropriate coordination and cooperation between bodies
notified pursuant to Article 47 are put into place and properly operated in the form of a group
of notified bodies. Coordination and cooperation in the groups referred to in paragraph 1 shall
aim at ensuring the harmonised application of this Regulation.
Notified bodies shall participate in the work of that group, directly or by means of designated
representatives.
Notified bodies shall apply as general guidance the administrative decisions and documents
produced by that group.
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CHAPTER VII
SIMPLIFIED PROCEDURES
Article 64
Use of appropriate technical documentation
1. A manufacturer may replace type testing by appropriate technical documentation
demonstrating that:
(a) for one or several essential characteristics of the product, which the
manufacturer places on the market, that product is deemed to achieve a certain
level or class of performance without testing or calculation, or without further
testing or calculation, in accordance with the conditions set out to that end in
the relevant harmonised technical specification or a Commission act; or
(b) the product, covered by a harmonised technical specification, which the
manufacturer places on the market is a system made of items, which the
manufacturer assembles duly following precise instructions, including
compatibility criteria in case of individual items, given by the provider of such
a system or of a component thereof, who has already tested that system or that
item for one or several of its essential characteristics in accordance with the
relevant harmonised technical specification. When these conditions are
satisfied and when the manufacturer has notably verified that the precise
compatibility criteria of the provider are met, the manufacturer is entitled to
declare performance corresponding to all or part of the test results for the
system or the item provided to him.
2. If the product referred to in paragraph 1 belongs to a family or category of products
for which the applicable assessment and verification system is system 1 + or 1, as set
out in Annex V, a notified body or TAB shall, in addition to the tasks set out in
Annex V, assess and certify the correct fulfilment of the obligations referred to in
paragraph 1.
Article 65
Use of simplified procedures by micro-enterprises
1. Micro-enterprises manufacturing products covered by a harmonised technical
specification may treat products to which system 3 applies in accordance with
provisions for system 4. When a manufacturer uses this simplified procedure, the
manufacturer shall demonstrate compliance of the product with the applicable
requirements by means of a Specific Technical Documentation.
2. The fulfilment of the requirements of this Article shall be assessed and confirmed by
a TAB or a notified body.
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Article 66
Custom-made non-series products
1. In relation to products covered by a harmonised technical specification and which are
individually manufactured or custom-made in a non-series process in response to a
specific order, and which are installed in a single identified construction work by
manufacturers who are also responsible for the safe incorporation of those products
into construction works, the performance assessment part of the applicable system, as
set out in Annex V, may be replaced by the manufacturer by Specific Technical
Documentation demonstrating compliance of that product with the applicable
requirements and providing data equivalent to those required by this Regulation and
the applicable harmonised technical specifications. Equivalence is given where all
the data needed and requirements applicable to the particular construction work and
its future dismantling, including reuse, remanufacturing and recycling of its installed
products, are provided or fulfilled on the basis of state-of-the-art methods.
2. A notified body or TAB shall, in addition to the tasks set out in Annex V, assess and
certify the correct fulfilment of the obligations referred to in paragraph 1.
Article 67
Recognition of assessment and verification by another notified body
1. A notified body (hereafter: recognising notified body) may refrain from the
assessment and verification of a certain item to be assessed or verified in accordance
with this Regulation and recognise the assessment and verification undertaken by
another notified body for the same economic operator where:
(a) the item has been correctly assessed and verified by the other notified body
which is - whilst being rebuttable - to be assumed where the respective report
does not contain any information suggesting an error;
(b) there is an agreement in place between the two notified bodies obliging them to
share all information regarding the assessment and verification and their
respective certificates and reports;
(c) the assessed or verified economic operator agrees to share all relevant data and
documents with the recognising notified body;
(d) the validity of the certificate is limited to the validity of the certificate issued
by the other notified body.
This paragraph shall also apply to test reports that are not followed by a certification
and to assessments of calculation of the environmental sustainability undertaken
under Regulation (EU) ... [Regulation on ecodesign for sustainable products].
2. Where the notified body wishes to recognise an assessment or verification
undertaken by another notified body in relation to an economic operator for which
only the other notified body is in charge (“other economic operator”), and provided
that there is additionally an agreement in place between the two economic operators
that ensures the free flow of all information between them and the notified bodies in
view of ensuring compliance with this Regulation, the recognition shall only be
possible with regard to the following:
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(a) with regard to the verification of the environmental sustainability calculation of
the other economic operator, namely supplier or service provider, and their
respective supplied goods or services, or
(b) with regard to components where these components do not constitute the entire
product.
This paragraph shall also apply to assessments of calculation of the environmental
sustainability undertaken under Regulation (EU) ... [Regulation on ecodesign for
sustainable products].
CHAPTER VIII
MARKET SURVEILLANCE AND SAFEGUARD PROCEDURES
Article 68
Complaint Portal
1. The Commission shall set up a system allowing any natural or legal person to share
complaints or reports related to possible non-compliances with this Regulation.
2. Where the Commission consider a complaint or report relevant and substantiated, it
shall assign it to a market surveillance authority for it to follow-up with the relevant
natural or legal person in accordance with Article 11(7), point (a) of Regulation (EU)
2019/1020.
Article 69
Competent authorities
1. Member States shall designate, amongst their market surveillance authorities, one or
more ‘competent authorities’ that dispose of the particular knowledge needed to
assess products both technically and legally.
2. Member States shall designate, amongst their competent authorities, the ‘national
competent authority’ which is the focal point for contacts with other Member States.
Article 70
Procedure to deal with non-compliances
1. Where a market surveillance authority of one Member State has sufficient reason to
believe that certain products covered by a construction products standard or for
which a European technical assessment has been issued, or its manufacturer, is non-
compliant, it shall carry out an evaluation in relation to the products and the
manufacturer concerned covering the respective requirements laid down by this
Regulation. The relevant economic operators shall cooperate as necessary with the
market surveillance authorities.
Where, in the course of that evaluation, the market surveillance authority finds that
the products or its manufacturer does not comply with the requirements and
obligations laid down in this Regulation, it shall without delay require the relevant
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economic operators to take all appropriate and proportionate corrective actions to
bring the products or himself into compliance with those requirements and
obligations or to withdraw the products from the market, or to recall them, all within
a reasonable period and commensurate with the nature and degree of the non-
compliance. The corrective action required to be taken by the economic operators
may include the actions listed in Article 16(3) of Regulation (EU) 2019/1020.
The market surveillance authority shall inform the notified bodies accordingly, if
notified bodies are involved.
2. Where the market surveillance authority considers that the non-compliance is not
limited to its national territory, it shall, via the national competent authority, inform
the Commission and the other Member States of the results of the evaluation and of
the actions which it has required the economic operators to take.
3. The economic operators shall take all appropriate corrective action in respect of all
the products that that economic operators has made available on the market
throughout the Union.
4. Where the relevant economic operators, within the period referred to in the second
subparagraph of paragraph 1, do not take adequate corrective action or where the
non-compliance persists, the market surveillance authority shall take all appropriate
provisional or definitive measures to prohibit or restrict the making available on the
market of the products, to withdraw these product from the market or to recall them.
The market surveillance authority shall inform the public, and via the national
competent authority the Commission and the other Member States, without delay, of
those measures.
5. The information referred to in the last sentence of paragraph 4 shall include all
available details, in particular the data necessary for the identification of the non-
compliant products, the origin of the products, the nature of the non-compliance
alleged and the risk involved, the nature and duration of national measures taken as
well as the arguments put forward by the relevant economic operator. In particular,
the market surveillance authorities shall indicate whether the non-compliance is due
to either of the following:
(a) failure of the products to achieve the declared performance and/or to meet the
requirements related to the fulfilment of basic requirements for construction
works laid down in this Regulation;
(b) failure of the manufacturer to meet obligations;
(c) shortcomings in the harmonised technical specifications or a European
assessment document.
6. Member States other than the Member State initiating the procedure shall without
delay inform the Commission and the other Member States of any measures adopted
and of any additional information at their disposal relating to the non-compliance of
the products concerned, and, in the event of disagreement with the notified national
measure, of their objections.
7. Where, within two months of receipt of the information referred to in paragraph 4, no
objection has been raised by either a Member State or the Commission in respect of a
provisional measure taken by a Member State in relation to the product concerned,
that measure shall be deemed justified.
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8. The other Member States shall ensure that appropriate restrictive measures are taken
without delay in respect of the product or manufacturer concerned, such as
withdrawal of the products from their market.
Article 71
Union safeguard procedure
1. Where, on completion of the procedure set out in Article 70(4), objections are raised
against a measure taken by a Member State or where the Commission considers a
national measure to be contrary to Union legislation, the Commission shall without
delay enter into consultation with the Member States and the relevant economic
operators and shall evaluate the national measure. On the basis of the results of that
evaluation, the Commission shall decide by means of implementing act adopted
whether the measure is justified or not.
Those implementing acts shall be adopted in accordance with advisory procedure
referred in Article 88(1).
The Commission shall address its decision to all Member States and shall
immediately communicate it to them and to the relevant economic operators.
2. If the national measure is considered justified, all Member States shall take the
necessary measures to ensure that the non-compliant product is withdrawn from their
markets and shall inform the Commission accordingly. If the national measure is
considered unjustified, the Member State concerned shall withdraw the measure.
3. Where the national measure is considered to be justified and the non-compliance of
the product or its manufacturer is attributed to shortcomings in the construction
products standards as referred to in Article 70(5), point (c), the Commission shall
apply the procedure provided for in Article 11 of Regulation (EU) No 1025/2012.
Article 72
Complying products which nevertheless present a risk
1. Where, having performed an evaluation pursuant to Article 70(1), a market
surveillance authority Member State finds that, although certain products are in
compliance with this Regulation, they present a risk for the fulfilment of the basic
requirements for construction works, to the health or safety of persons, to the
environment or to other aspects of public interest protection, it shall require the
relevant economic operators to take all appropriate measures to ensure that the
products concerned, when placed on the market, no longer present that risk, to
withdraw the products from the market or to recall them within a reasonable period,
commensurate with the nature of the risk, which it may prescribe.
2. The economic operator shall ensure that any corrective action is taken in respect of
all the products concerned which that economic operator has made available on the
market throughout the Union.
3. The market surveillance authority shall, via the national competent authority,
immediately inform the Commission and the other Member States. That information
shall include all available details, in particular the data necessary for the
identification of the product concerned, the origin and the supply chain of the
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product, the nature of the risk involved and the nature and duration of the national
measures taken.
4. The Commission shall without delay enter into consultation with the Member States
and the relevant economic operators and shall evaluate the national measures taken.
On the basis of the results of that evaluation, the Commission shall decide by
implementing act whether the measure is justified or not and, where necessary,
propose appropriate measures.
5. Those implementing acts shall be adopted in accordance with the advisory procedure
referred to in Article 88(1).
6. The Commission shall address its decision to all Member States and shall
immediately communicate it to them and to the relevant economic operators.
Article 73
Minimum checks and minimum human resources
1. The Commission is empowered to adopt delegated acts in accordance with Article 87
supplementing this Regulation by laying down the minimum number of checks to be
performed by the market surveillance authorities of each Member State on specific
products covered by harmonised technical specifications or in relation to specific
requirements set out in such measures in order to ensure checks are performed on a
scale adequate to safeguard the effective enforcement of this Regulation. The
delegated acts may, where relevant, specify the nature of the checks required and
methods to be used.
2. The Commission is also empowered to adopt delegated acts in accordance with
Article 87 supplementing this Regulation by laying down the minimum human
resources to be deployed by Member States for purposes of market surveillance with
regard to products covered by this Regulation.
Article 74
Market surveillance coordination and support
1. For the purposes of this Regulation, the administrative cooperation group (‘ADCO’)
set up pursuant to Article 30(2) of Regulation (EU) 2019/1020 shall meet at regular
intervals and, where necessary, at the reasoned request of the Commission or of two
or more participating market surveillance authorities.
In the context of performing its tasks set out in Article 32 of Regulation (EU)
2019/1020, the ADCO shall support the implementation of this Regulation, namely
by identifying common priorities for market surveillance.
2. Based on priorities identified in consultation with the ADCO, the Commission shall:
(a) organise joint market surveillance and testing projects in areas of common
interest;
(b) organise joint investment in market surveillance capacities, including
equipment and IT tools;
(c) organise common trainings for the staff of market surveillance authorities,
notifying authorities and notified bodies, including on the correct interpretation
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and application of this Regulation and on methods and techniques relevant for
applying or verifying compliance with it;
(d) elaborate guidelines for the application and enforcement of requirements and
obligations set out in delegated acts referred to in Article 4(3) and (4) and
Article 5(2) and (3) and the delegated acts referred to in Article 22(4),
including common practices and methodologies for effective market
surveillance.
The Union shall, where appropriate, finance the actions referred to in points (a), (b)
and (c).
3. The Commission shall provide technical and logistic support to ensure the ADCO
fulfils its tasks set out in Article 32 of Regulation (EU) 2019/1020 and this Article.
Article 75
Retrieval of costs
Market surveillance authorities shall have the right to recover from economic operators in
possession of a non-compliant product or from the manufacturer the costs of document
inspection and physical product testing.
Article 76
Reporting and benchmarking
1. Market surveillance authorities shall enter into the information and communication
system referred to in Article 34 of Regulation (EU) 2019/1020 information on the
nature and severity of any penalty imposed in relation to non-compliance with this
Regulation.
2. The Commission shall, every 2 years, draw up a report by 30 June based on the
information entered by market surveillance authorities into the information and
communication system referred to in Article 34 of Regulation (EU) 2019/1020. The
first of these reports shall be published by [OP: Please add date: two years after date
of application of this Regulation].
The report shall include:
(a) information on the nature and number of checks performed by market
surveillance authorities during the two previous calendar years pursuant to
Article 34(4) and (5) of Regulation (EU) 2019/1020;
(b) information on the levels of non-compliance identified and on the nature and
severity of penalties imposed for the two previous calendar years in relation to
products covered by delegated acts adopted pursuant to Articles 4, 5, 6 and 22
of this Regulation;
(c) indicative benchmarks for market surveillance authorities in relation to the
frequency of checks and the nature and severity of penalties imposed.
3. The Commission shall publish the report referred to in paragraph 2 of this Article in
the information and communication system referred to in Article 34 of Regulation
(EU) 2019/1020 and shall make public a summary of the report.
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CHAPTER IX
INFORMATION AND ADMINISTRATIVE COOPERATION
Article 77
Information systems for harmonised decision-making
1. The Commission shall establish and maintain an information and communication
system for the collection, processing and storage of information, in a structured form,
on issues relating to the interpretation or application of the rules laid down in or
pursuant to this Regulation, with the aim of ensuring the harmonised application of
those rules.
In addition to the Commission and Member States, market surveillance authorities,
the single liaison offices appointed under Article 10(3) of Regulation (EU)
2019/1020, the authorities designated under Article 25(1) of Regulation (EU)
2019/1020, notifying authorities, notified bodies, and product contact points for
Construction shall be able to access the information and communication system. The
Commission may, by implementing decision give access to authorities of third
countries that apply voluntarily this Regulation or that have regulatory systems for
construction products similar to this Regulation.
Those implementing acts shall be adopted in accordance with the advisory procedure
referred to in Article 88(1).
2. The bodies listed in paragraph 1 may use the information and communication system
to raise any question or issue related to the interpretation or application of the rules
laid down in or pursuant to this Regulation, including their relationship to other
provisions of Union law. They shall raise such questions or issues where reasonable
doubt exists about how to apply or interpret those rules in a given situation.
3. For purposes of paragraph 2, reasonable doubt shall be assumed to exist where the
bodies listed in paragraph 1:
(a) are aware or made aware of the application or interpretation of the rules laid
down in or pursuant to this Regulation by any other body in a way that
diverges from their own practise;
(b) are aware or made aware of questions or issues raised through the information
and communication system related to the situation they are confronted with or
to their own practice;
(c) are confronted with a situation not foreseen by the rules laid down in or
pursuant to this Regulation when first published or referred to in the Official
Journal of the European Union, especially but not limited to situations brought
about by the emergence of new products or business models,;
(d) have to apply the rules laid down in or pursuant to this Regulation to a situation
to which other provisions of Union law also apply and the resulting question.
4. When raising a question or issue, the relevant body shall enter into the information
and communication system information concerning:
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(a) any decision taken in relation to the question or issue raised;
(b) the presumable reasoning/rationale behind the approach taken;
(c) any alternative approach it has identified and its respective reasoning/rationale;
5. Member States shall establish a national information system or email list service to
inform their authorities, the economic operators active on their territory, TABs and
notified bodies with place of business on their territory and, on request, also other
TABs and notified bodies, on all matters relevant for the correct interpretation or
application of the rules laid down in or pursuant to this Regulation. In doing so, they
shall take into account the information available in the information and
communications system referred to in paragraph 1,.
6. Authorities, economic operators, TABs and notified bodies with place of business in
the respective Member State shall register into that system or email list service and
take account of all information transmitted via them.
7. The national information system or email list service shall be able to receive
complaints on behalf of the national competent authority from any natural or legal
person, including TABs and notified bodies, on the uneven application of the rules
laid down in or pursuant to this Regulation. If deemed appropriate, the national
competent authority shall forward such complaints to their peers in other Member
States and to the Commission.
8. Member States and the Commission may use artificial intelligence to detect
diverging decision making practices.
Article 78
EU construction products database or system
1. The Commission is empowered to supplement this Regulation by means of delegated
act according to Article 87, by setting up a Union construction products database or
system that builds to the extent possible on the Digital Product Passport established
by Regulation (EU) ... [Regulation on ecodesign for sustainable products].
2. Economic operators may access all information stored in that database or system
which regards them specifically. They may request that incorrect information is
corrected.
3. The Commission may, by implementing acts give access to this database or system
to certain authorities of third countries that apply voluntarily this Regulation or that
have regulatory systems for construction products similar to this Regulation provided
that these countries:
(a) ensure confidentiality,
(b) are partners of a mechanism for lawful transfers of personal data compliant
with the Regulation (EU) 2016/67948 ,
48
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the
protection of natural persons with regard to the processing of personal data and on the free movement of
such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016,
p. 1–88.
EN 95 EN
(c) commit to engage actively by notifying facts that might trigger the need for
action of market surveillance authorities, and
(d) commit to engage against economic operators infringing this Regulation from
their territory.
Those implementing acts shall be adopted in accordance with the advisory procedure
referred to in Article 88(1).
Article 79
Product contact points for construction
1. Member States shall support economic operators by product contact points for
construction. Member States shall designate and maintain at least one product
contact point for construction on their territory and shall ensure that their product
contact points for construction have sufficient powers and adequate resources for the
proper performance of their tasks and at any rate at least one full-time equivalence
per Member State and one additional full-time equivalence per each ten millions of
inhabitants. They shall ensure that product contact points for construction deliver
their services in accordance with Regulation (EU) 2018/172449 and that they
coordinate with the contact points for mutual recognition established by Article 9(1)
of Regulation (EU) No 2019/51550.
2. Product contact points for construction shall provide, at the request of an economic
operator or a market surveillance authority of another Member State, any useful
product related information, such as:
(a) electronic copies of, or online access to, the national technical rules and
national administrative procedures applicable to products in the territory in
which the product contact points for construction is established,
(b) information on whether those products are subject to prior authorisation under
national law,
(c) rules applicable to the incorporation, assembling or installation of products.
Product contact points for construction shall also provide information on product
related provisions of this Regulation and of acts adopted in accordance with it.
3. Product contact points for construction shall respond within 15 working days of
receiving any request under paragraph 3.
4. Product contact points for construction shall not charge any fee for the provision of
the information under paragraph 3.
5. Product contact points for construction shall be able to carry out their functions in a
manner that avoids conflicts of interest, particularly in respect of the procedures for
obtaining the CE marking.
49
Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018
establishing a single digital gateway to provide access to information, to procedures and to assistance and
problem-solving services and amending Regulation (EU) No 1024/2012; OJ L 295, 21.11.2018, p. 1–38.
50
Regulation (EU) 2019/515 of the European Parliament and of the Council of 19 March 2019 on the
mutual recognition of goods lawfully marketed in another Member State and repealing Regulation (EC) No
764/2008; OJ L 91, 29.3.2019, p. 1–18.
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6. Paragraphs 1 to 6 apply also to products which have not yet been covered by
harmonised technical specifications.
7. The Commission shall publish update a list of the national product contact points for
construction.
Article 80
Trainings and exchange of staff
1. Market surveillance authorities, product contact points for construction, designating
authorities TABs, notifying authorities, and notified bodies shall ensure that their
staff:
(a) keep up-to-date in their area of competence and receive periodic additional
training to that end; and
(b) receive periodically training on the harmonised interpretation and application
of the rules laid down in or pursuant to this Regulation.
2. The Commission shall, periodically and at least once a year, organise training events
jointly for the staff of market surveillance authorities, notifying authorities, and
notified bodies. The Commission shall organise these training events in cooperation
with the Member States.
The training events shall be open to the participation of the staff of the authorities
designated under Article 25(1) of Regulation (EU) 2019/1020, the single liaison
offices appointed under Article 10(3) of Regulation (EU) 2019/1020 and, where
appropriate, of other authorities of the Member States involved in the
implementation or enforcement of this Regulation. The Commission may, by
implementing decision adopted in accordance give access to third countries that
apply voluntarily this Regulation or that have regulatory systems for construction
products similar to this Regulation.
Those implementing acts shall be adopted in accordance with the advisory procedure
referred to in Article 88(1).
3. The Commission may organise, in cooperation with the Member States, programmes
for the exchange of staff between the market surveillance authorities, notifying
authorities, and notified bodies of two or more Member States.
Article 81
Shared roles and joint decision-making
1. In order to fulfil their obligations under this Regulation with regard to market
surveillance, designation and supervision of TABs, notified bodies, and product
contact points for construction, Member States may designate:
(a) a body or authority set up in cooperation with another Member State or other
Member States for the purpose of joint designation;
(b) a body or authority already designated by another Member State for the same
purpose, in cooperation with that Member State;
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The Member States concerned shall jointly ensure that the shared bodies or
authorities meet all relevant requirements. They shall be jointly responsible for them,
whilst decisions taken towards natural or legal persons on a certain Member State
shall be legally attributable only to that Member State.
2. The authorities of different Member States may, without prejudice to their individual
obligations under this Regulation or other legislative acts, share resources and
responsibilities in order to ensure the harmonised application or effective
enforcement of this Regulation.
To that end, they may also:
(a) take joint decisions, especially in relation to joint cross-border activities or in
relation to economic operators active on the territory of the relevant Member
States;
(b) establish common projects, such as joint market surveillance or testing
projects;
(c) pool resources for specific purposes, such as building up testing capacity or for
internet surveillance;
(d) delegate the execution of tasks to a peer authority of another Member State,
whilst staying formally responsible for the decisions taken by that authority;
(e) transfer a task from one Member State to the other, provided that such transfer
is clearly communicated to all concerned.
The relevant Member States shall be jointly responsible for the actions taken in
accordance with this paragraph.
CHAPTER X
INTERNATIONAL COOPERATION
Article 82
International cooperation
1. The Commission may cooperate, including through the exchange of information,
with third countries or international organisations in the field of application of this
Regulation, such as:
(a) enforcement activities and measures related to safety and protection of the
environment, including market surveillance;
(b) exchange of data of economic operators;
(c) assessment methods and product testing;
(d) coordinated product recalls, requests for corrective actions and other similar
actions;
(e) scientific, technical, and regulatory matters, aiming to improve product safety
or the protection of the environment;
(f) emerging issues of significant environmental, health and safety relevance;
(g) standardisation-related activities;
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(h) exchange of officials.
2. The Commission may provide third countries or international organisations with
selected information from the product database or system referred to in Article 78, to
the system referred to in Article 77 and to the information exchanged amongst
authorities in accordance with this Regulation and receive relevant information on
products and on preventive, restrictive and corrective measures taken by these third
countries or international organisations. The Commission shall share such
information with national authorities, where relevant.
3. The information exchange referred to in paragraph 2 may take the form of either:
(a) a non-systematic exchange, in duly justified and specific cases;
(b) a systematic exchange, based on an administrative arrangement specifying the
type of information to be exchanged and the modalities for the exchange.
4. Full participation in the database system referred to in Article 78, to the system
referred to in Article 77 and to the information exchange amongst authorities set out
in Article 80 may be open to applicant countries and third countries, provided that
their legislation is aligned with this Regulation or that they recognise certificates
issued by notified bodies or European technical assessments in accordance with this
Regulation. Such participation is subject to the fulfilment of the same obligations as
for EU Member States according to this Regulation, including notification and
follow-up obligations. Full participation in the database or system referred to in
Article 78 and to the system referred to in Article 77 shall be based on agreements
between the European Union and those countries.
5. Where agreements with third countries permit the mutual support in terms of
enforcement, Member States may, after consultation of the Commission, use the
empowerments set out in Chapter VIII also for action against economic operators
acting unlawful in or with respect to third countries, provided that the third countries
respect the fundamental values referred to in Article 2 TEU, including the rule of
law. Member States may request via the Commission third countries to enforce
measures adopted in accordance with Chapter VIII. No cooperation under this
Paragraph shall happen where there is no de facto reciprocity or where the
Commission raises other concerns, namely with regard to the legal conditions set out
in this Article or confidentiality of data.
6. Any information exchange under this article, to the extent it involves personal data,
shall be carried out in accordance with EU data protection rules. If no adequacy
decision pursuant to Article 45 of Regulation (EU) 2016/679 has been adopted by the
Commission in respect of the third country or international organisation concerned,
the information exchange shall exclude personal data. If an adequacy decision for the
third country or international organisation has been adopted, the information
exchange with that third country or international organisation may contain personal
data falling within the scope of the adequacy decision and only to the extent that such
exchange is necessary for the sole purpose of the protection of health, safety or the
environment.
7. The information exchanged pursuant to this Article shall be used for the sole purpose
of the protection of health, safety or the environment and respect confidentiality
rules.
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CHAPTER XI
INCENTIVES AND PUBLIC PROCUREMENT
Article 83
Member State incentives
1. Where Member States provide incentives for a product category covered by a
delegated act establishing performance classes in accordance with Article 4(4), point
(a) or a “traffic-light-labelling” in accordance with Article 22(5), those incentives
shall aim at the highest two populated classes / colour codes, or at higher classes /
better colour codes.
Where a delegated act defines classes of performance in relation to more than one
sustainability parameter, it shall be indicated therein in relation to which parameter
this Article should be implemented.
2. Where no delegated act is adopted pursuant to Article 4(4), the Commission may
specify in the delegated acts adopted pursuant to Article 4(3), which levels of
performance related to product parameters the Member States incentives shall
concern.
When doing so, the Commission shall take into account the following criteria:
(a) the relative affordability of the products depending on their level of
performance;
(b) the need to ensure sufficient demand for more environmentally sustainable
products.
Article 84
Green public procurement
1. The Commission is empowered to supplement this Regulation by delegated acts
according to Article 87 by establishing sustainability requirements applicable to
public contracts, including implementation, monitoring and reporting of those
requirements by Member States.
2. Requirements adopted pursuant to paragraph 1 for public contracts awarded by
contracting authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article
3, point (1) of Directive 2014/25/EU, or contracting entities, as defined in Article
4(1) of Directive 2014/25/EU, may take the form of mandatory technical
specifications, selection criteria, award criteria, contract performance clauses, or
targets, as appropriate.
3. When establishing requirements pursuant to paragraph 1 for public contracts, the
Commission shall take into account the following criteria:
(a) the value and volume of public contracts awarded for that given product family
or category or for the services or works using the given product family or
category;
EN 100 EN
(b) the need to ensure sufficient demand for more environmentally sustainable
products;
(c) the economic feasibility for contracting authorities or contracting entities to
buy more environmentally sustainable products, without entailing
disproportionate costs.
CHAPTER XII
REGULATORY STATUS OF PRODUCTS
Article 85
Regulatory status of products
Upon a duly substantiated request of a Member State or on its own initiative, the Commission
may, by means of implementing acts, determine whether or not a specific item, or category of
items, falls within the definition of ‘construction product’ or constitute an item referred to in
Article 2(1). Those implementing acts shall be adopted in accordance with the examination
procedure referred to in Article 88(2) of this Regulation.
CHAPTER XIII
AMENDMENTS
Article 86
Amendments to Regulation (EU) 2019/1020
Regulation (EU) 2019/1020 is amended as follows:
(1) in Article 4(5), the following text is added: “[(EU) 2020/…(*51)]”
(2) in Annex I, the following point 72 is added to the List of Union harmonisation
legislation:
“72. Regulation of the European Parliament and of the Council laying down harmonised
conditions for the marketing of construction products, amending Regulation (EU) 2019/1020
and repealing Regulation (EU) 305/2011 (the Publications Office to fill in the OJ publication
details);”.
51
*[Regulation of the European Parliament and of the Council laying down harmonised conditions for the
marketing of construction products, amending Regulation (EU) 2019/1020 and repealing Regulation (EU)
305/2011 (For the Publications Office to fill in the OJ publication details)]”.
EN 101 EN
CHAPTER XIV
FINAL PROVISIONS
Article 87
Delegated acts
1. The power to adopt delegated acts is conferred on the Commission subject to the
conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 4(3), (4) and (5), Article 5(2)
and (3), Article 6(1) to (3), Article 8, Article 11(3), Article 22(4) and (5), Article
35(4), Article 44(1), Article 73(1) and (2), Article 78(1), Article 84(1) and Article
90(4) shall be conferred on the Commission for a period of five years from … [the
date of entry into force of this Regulation]. The Commission shall draw up a report
in respect of the delegation of power not later than nine months before the end of the
five-year period. The delegation of power shall be tacitly extended for periods of an
identical duration, unless the European Parliament or the Council opposes such
extension not later than three months before the end of each period.
3. Before adopting a delegated act, the Commission shall consult experts designated by
each Member State in accordance with the principles laid down in the
Interinstitutional Agreement of 13 April 2016 on Better Law-Making52.
4. The delegation of powers referred to in Article 4(3), (4) and (5), Article 5(2) and (3),
Article 6(1) to (3), Article 8, Article 11(3), Article 22(4) and (5), Article 35(4),
Article 44(1), Article 73(1) and (2), Article 78(1), Article 84(1) and Article 90(4)
may be revoked at any time by the European Parliament or by the Council. A
decision to revoke shall put an end to the delegation of the power specified in that
decision. It shall take effect the day following the publication of the decision in the
Official Journal of the European Union or at a later date specified therein. It shall not
affect the validity of any delegated acts already in force.
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to
the European Parliament and to the Council.
6. A delegated act adopted pursuant to Article 4(3), (4) and (5), Article 5(2) and (3),
Article 6(1) to (3), Article 8, Article 11(3), Article 22(4) and (5), Article 35(4),
Article 44(1), Article 73(1) and (2), Article 78(1), Article 84(1) and Article 90(4)
shall enter into force only if no objection has been expressed either by the European
Parliament or the Council within a period of two months of notification of that act to
the European Parliament and the Council or if, before the expiry of that period, the
European Parliament and the Council have both informed the Commission that they
will not object. That period shall be extended by two months at the initiative of the
European Parliament or of the Council.
52
Interinstitutional Agreement between the European Parliament, the Council of the European Union and
the European Commission on Better Law-Making, OJ L 123, 12.5.2016, p. 1–14.
EN 102 EN
Article 88
Committee
1. The Commission shall be assisted by the Committee on Construction Products. This
committee shall be a committee within the meaning of Regulation (EU) No
182/2011. Where reference is made to this paragraph, Article 4 of Regulation (EU)
No 182/2011 shall apply (advisory procedure).
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No
182/2011 shall apply (examination procedure).
3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No
182/2011, in conjunction with Article 5 thereof, shall apply (urgent examination
procedure).
Article 89
Electronic applications, decisions, documentation and information
1. All applications from or to notified bodies or TABs and decisions made by these
bodies or authorities made in accordance with this Regulation can be provided on
paper or in a commonly used electronic format provided that the signature is
compliant with Regulation (EU) No 910/2014 and the signing person is entrusted to
represent the body or economic operator, according to the law of the Member States
or Union law respectively.
2. All documentation required by Article 19(7),Article 21(3), Articles 64 to 66 and
Annex V can be provided on paper or in a commonly used electronic format and in a
way that permits downloads via unmodifiable links (permalinks).
All information obligations set up by Article 7(3), (4) and (6), Article 19(1), (3), (5)
and (6), Article 20(2) and (3), Article 21(6) to (9), Article 22(2), points (f) and (i),
Article 23(5), Article 24(6), Article 25(2), Article 26(4), Article 27(2), Articles 28 to
39, Article 41(3), Article 44(3), (4), (6) and (7), Article 45(3), Article 46(2), Article
47, article 49(5), Article 50(11), Article 53(1), Article 58(1), Article 59(2), Article
61, Article 70(1), (2), (4) and (6), Article 71(2), Article 72(1), (3) and (5), Article 76,
Article 77, Article 78(3), Article 79(2), Article 79(3), Article 80(2), Article 82(1) to
(3), (6) and (7) and Article 91 can be satisfied by electronic means. However,
information to be provided in accordance with Annex I Part D and harmonised
technical specifications specifying it shall be provided on paper for products not
labelled “not for consumers” or “only for professional use”. Moreover, consumers
may request any other information to be provided on paper.
Article 90
Penalties
1. Member States shall lay down the rules on penalties applicable to non-compliances
with this Regulation and shall take all measures necessary to ensure that these rules
are implemented. The penalties provided for shall be effective, proportionate and
dissuasive. Member States shall, by [insert date - 3 months after to the date of entry
into force of this Regulation], notify the Commission of those rules and of those
EN 103 EN
measures and shall notify it, without delay, of any subsequent amendment affecting
them.
2. Member States shall especially lay down rules on penalties for the following non-
compliances of economic operators:
(a) placing on the market or making available on the market of a product which is
not CE marked whilst an CE marking is mandatory;
(b) affixing the CE marking in violation of Article 17(1) or without the correct
information to be provided together with the CE marking in accordance with
Article 17(2);
(c) affixing of the CE marking without prior issuing of a declaration of
performance;
(d) issuing of a declaration of performance or declaration of conformity where the
conditions therefore have not been met;
(e) the declaration of performance or the declaration of conformity is incomplete
or incorrect;
(f) the technical documentation is missing, incomplete or incorrect;
(g) information to be provided in accordance with Annex I Part D and harmonised
technical specifications is missing, incomplete or incorrect;
(h) the information referred to in paragraph Article 21(4), Article 22(2), points (f)
and (i) or Article 21(7) and Article 24 is missing, incomplete or incorrect;
(i) any other administrative requirement provided for in Articles 21, 22 or 24 is
not fulfilled;
(j) information due to notified bodies, TABs or authorities is not provided or is
incorrect;
(k) measures requested in case of non-compliance or risk, mandatory according to
Article 21(8) and (9), Article 23(3), points (d) and (e), Article 24(5), Article
25(2) in conjunction with Article 24(5), Article 27(2), point (c) in conjunction
with Article 24(5) and Article 27(2), points (d), (e) and (g) are not taken;
(l) the product and documentation verification obligations incumbent on economic
operators according to Articles 23 to 27 are not fulfilled; and
(m) 3D-printing services are provided under infringement of Article 28.
3. Member States shall also lay down rules on penalties for the following non-
compliances of TABs and notified bodies:
(a) issuing of certificates, test reports, or European technical assessments whilst
the conditions therefore are not fulfilled;
(b) non-withdrawal of certificates, test reports, or European technical assessments
where the withdrawal is mandatory;
(c) information to be provided to notified bodies, TABs or authorities is not
provided, incomplete or is incorrect; and
(d) instructions of authorities are not followed.
4. The Commission is empowered to supplement this Regulation by delegated act
adopted in accordance with Article 87 in order to establish proportionate minimum
EN 104 EN
penalties, targeting all economic operators, TABs and notified bodies directly or
indirectly involved in the infringement of obligations of this Regulation.
Article 91
Evaluation
No sooner than 8 years after the date of application of this Regulation, the Commission shall
carry out an evaluation of this Regulation and of its contribution to the functioning of the
internal market and the improvement of the environmental sustainability of products and
construction works and built environment. The Commission shall present a report on the main
findings to the European Parliament, the Council, the European Economic and Social
Committee, and the Committee of the Regions. Member States shall provide the Commission
with the information necessary for the preparation of that report.
Where appropriate, the report shall be accompanied by a legislative proposal for amendment
of the relevant provisions of this Regulation.
Article 92
Repeal
Regulation (EU) 305/2011 is repealed with effect from 1 January 2045.
References to Regulation (EU) 305/2011 shall be construed as references to this Regulation in
accordance with the correlation table in Annex VII.
Article 93
Derogations and transitional provisions
1. Product contact points for construction designated under Regulation (EU) 305/2011
shall be deemed to be designated under this Regulation as well.
2. TABs and notified bodies designated under Regulation (EU) 305/2011 shall be
deemed to be designated under this Regulation as well. However, they shall be
assessed and designated anew by the designating Member States in accordance with
their periodic re-assessment cycle and at the latest [5 years after entry into force].
The objection procedure set-out in Article 56(5), also applicable to TABs in
accordance with Article 43(2), shall apply.
3. The following standards remain valid under this Regulation, as standards referred to
in the first subparagraph of Article 4(2):
(a)
(b)
(c) [to be inserted during the negotiations of the legislators].
4. European assessment documents issued before [1 year after entry into force] remain
valid until [3 years after entry into force], unless they have expired for other reasons.
Products placed on the market on the basis of these may be further made available on
the market for another five years.
EN 105 EN
5. Notified bodies’ certificates or test reports and European technical assessments
issued under Regulation (EU) 305/2011 remain valid for five years after the entry
into force of harmonised technical specifications for the respective product family or
category adopted in accordance with Article 4(2), unless these documents have
expired for other reasons. Products placed on the market on the basis of these
documents may be further made available on the market for another five years.
6. The requirements set out in Chapters I, II and III applicable to economic operators
with regard to a certain product group or product family shall apply as from one year
after the entry into force of the harmonised technical specification covering that
product group or family. However, economic operators may apply those harmonised
technical specifications as from their entry into force by undergoing the procedure
leading to a declaration of performance or of conformity.
7. Within two years following the entry into force of a harmonised technical
specification covering a certain product group or family, the Commission shall
withdraw from the Official Journal references of harmonised standards and EADs
covering the respective product group or family.
Article 94
Entry into force
This Regulation shall enter into force on the twentieth day following its publication in the
Official Journal of the European Union.
It shall apply as from [1 month after entry into force].
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
For the European Parliament For the Council
The President The President
EN 106 EN
LEGISLATIVE FINANCIAL STATEMENT
1. FRAMEWORK OF THE PROPOSAL/INITIATIVE
1.1. Title of the proposal/initiative
Proposal for a regulation of the European Parliament and of the Council laying down
harmonised conditions for the marketing of construction products, amending
Regulation (EU) 2019/1020 and repealing Regulation (EU) 305/2011
1.2. Policy area(s) concerned
Single market for construction products.
The proposal contributes to the following headline ambitions of the European
Commission: the Green Deal, a Europe fit for the digital age, an economy that works
for people, a stronger Europe in the world.
1.3. The proposal/initiative relates to:
a new action
a new action following a pilot project/preparatory action 53
the extension of an existing action
a merger or redirection of one or more actions towards another/a new action
1.4. Objective(s)
1.4.1. General objective(s)
The two general objectives of the revision are to:
1. Achieve a well-functioning single market for construction products; and to
2. Make the framework apt to contribute to the objectives of the green and digital
transition, particularly the modern, resource-efficient and competitive economy.
1.4.2. Specific objective(s)
Specific objectives are:
To unblock the technical harmonisation system;
To reduce national barriers to trade for products covered by the CPR;
To improve enforcement and market surveillance;
To provide more clarity (more comprehensive definitions, reducing
overlaps, collision rules with other legislation) and simplification;
To reduce the administrative burden, including through simplification
and digitalisation
To ensure safe construction products;
To contribute to reducing the overall climate and environmental impact
of construction products, including through the application of digital
tools (Digital Product Passport).
53
As referred to in Article 58(2)(a) or (b) of the Financial Regulation.
EN 107 EN
1.4.3. Expected result(s) and impact
Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted.
The CPR revision aims to repair and improve the single market for construction
products. It will create a level playing field for all producers, especially SMEs in all
Member States. Manufacturers will have to fulfil more obligations to bring their
products to the market, but at the same time, they will have more business
opportunities. Moreover, Member States will be empowered to exempt certain
micro-enterprises from the CPR obligations. The intended planned work-sharing and
the technical fine-tuning with the Ecodesign for Sustainable Products Regulation will
avoid unnecessary burdens for businesses, SMEs and micro-enterprises. A better
functioning single market will reduce production costs and thus prices and will give
construction companies access to a broader choice of products. Overall,
manufacturers and the construction eco-system will benefit from the revision.
1.4.4. Indicators of performance
The starting point for indicators in the area of standardisation is the number of
acceptable technical documents to be referenced as harmonised standards
(hENs) in the OJEU out of the total number of hENs submitted to the Commission
for citation. This indicator allows to calculate the percentage of citation and to better
monitor and identify the reasons for non-citations or withholding citation, if any are
still present. Moreover, the average length of the process from issuing a
standardisation request by the Commission to delivery of draft standards by
CEN is important as it will allow to assess whether one of the problems identified by
stakeholders of the standardisation process, namely lengthiness of the standardisation
process, is solved/improved. This indicator has to differentiate between newly
developed hENs and amended and corrected hENs which in general should require
less time if the standards are evaluated in CEN in regular intervals and amended
whenever needed.
Another output indicator of is the availability of environmental information, and
the quantity of environmental and product safety requirements incorporated in
technical specifications. The number of these will increase over time, making
construction products and construction works safer and more sustainable. The
number of technical specifications with environmental information and requirements
(or product families covered by these), and their relative importance in terms of
environment are parameters helping to evaluate the extent to which environmental
consideration has increased as a result of this proposal.
To measure an improved market surveillance the Commission will consult the
Member States. A successful implementation would be supposed to lead first to
detecting more non-compliant construction products and then to a reduction of
this number. An indicator for monitoring could be the level of trust among economic
operators, for which an evaluation after four to five years could provide information
through stakeholder consultations.
1.5. Grounds for the proposal/initiative
1.5.1. Requirement(s) to be met in the short or long term including a detailed timeline for
roll-out of the implementation of the initiative
(1) To remedy the mismatch between the legal criteria applied by the Commission
and the ability of standardisers to deliver requested output. To provide an alternative
EN 108 EN
whenever the standardisation process is not delivering. To remedy the incomplete
character of harmonisation.
(2) To reduce national barriers to trade for products covered by the CPR. To improve
enforcement and market surveillance. To ensure clarity of the provisions and in
particular the simplification provisions.
(3) To include the application of digital tools. To include reference to sustainability
performances. To ensure the safety of construction products. To include products that
escape the current scope of product safety legislation, e.g. 3D-printed products.
1.5.2. Added value of Union involvement (it may result from different factors, e.g.
coordination gains, legal certainty, greater effectiveness or complementarities). For
the purposes of this point 'added value of Union involvement' is the value resulting
from Union intervention which is additional to the value that would have been
otherwise created by Member States alone.
Reasons for action at European level (ex-ante)
With the CPR, the single market for construction products is not achieved. At
national level, insufficient market surveillance and enforcement prevents benefits in
terms of opening up markets and levelling the playing field for competitors from
materialising fully. Moreover, some CPR provisions are insufficiently clear or create
overlaps, either within the CPR framework itself, or between the CPR and other EU
legislation. Further, there is inability of the CPR to deliver on broader policy
priorities, particularly the green and digital transition.
Expected generated Union added value (ex-post)
This proposal is expected to improve the overall functioning of the single market for
construction products, particularly by addressing the current issues relevant to the
standardisation system and eradicating further barriers to trade, such as duplication
or overlapping of regulatory provisions either at the EU or national/regional levels.
This would in turn increase legal certainty as well as predictability and improve the
level playing field for the construction industry. Trust in the entire system would be
leveraged thanks to more streamlined market surveillance practices across the EU.
Finally, this proposal addresses the climate and environmental performance and
circularity of construction products, which can only be tackled at the EU level, where
the common technical language is being developed.
1.5.3. Lessons learned from similar experiences in the past
The experience with the CPR showed the following lessons:
(1) There is a need of consistency between the legal criteria applied and the ability of
standardisers to deliver requested outputs.
(2) There is a need for an alternative whenever the standardisation process is not
delivering.
(3) Clarity of the provisions of the Regulation should be ensured.
(4) The Regulation should be able to deliver on broader policy priorities.
1.5.4. Compatibility with the Multiannual Financial Framework and possible synergies
with other appropriate instruments
The proposal is compatible with the current Multiannual Financial Framework.
EN 109 EN
The proposal lays down harmonised conditions for the marketing of construction
products in the single market. Due to its complexity, some of the activities could in
theory be delegated to an external agency, but this is not currently planned.
As regards possible synergies, the proposal triggers synergies, in particular with
other initiatives, including the Ecodesign for Sustainable Products Regulation.
1.5.5. Assessment of the different available financing options, including scope for
redeployment
N/A
EN 110 EN
1.6. Duration and financial impact of the proposal/initiative
limited duration
in effect from [DD/MM]YYYY to [DD/MM]YYYY
Financial impact from YYYY to YYYY for commitment
appropriations and from YYYY to YYYY for payment appropriations.
unlimited duration
Implementation with a start-up period from 2024 onwards (adoption and publication of the
proposal unlikely before 2025, but one year lead time for the most important implementing
and delegated acts is a minimum) followed by full-scale operation in 2025 or later, subject to
time of adoption.
1.7. Management mode(s) planned54
Direct management by the Commission
by its departments, including by its staff in the Union delegations;
by the executive agencies
Shared management with the Member States
Indirect management by entrusting budget implementation tasks to:
third countries or the bodies they have designated;
international organisations and their agencies (to be specified);
the EIB and the European Investment Fund;
bodies referred to in Articles 70 and 71 of the Financial Regulation;
public law bodies;
bodies governed by private law with a public service mission to the extent
that they provide adequate financial guarantees;
bodies governed by the private law of a Member State that are entrusted
with the implementation of a public-private partnership and that provide
adequate financial guarantees;
persons entrusted with the implementation of specific actions in the CFSP
pursuant to Title V of the TEU, and identified in the relevant basic act.
If more than one management mode is indicated, please provide details in the ‘Comments’ section.
Comments
n/a
54
Details of management modes and references to the Financial Regulation may be found on the
BudgWeb site:
https://myintracomm.ec.europa.eu/budgweb/EN/man/budgmanag/Pages/budgmanag.aspx
EN 111 EN
2. MANAGEMENT MEASURES
2.1. Monitoring and reporting rules
Specify frequency and conditions.
The Regulation could be evaluated periodically. The Commission will present a
report on the implementation of the new CPR no sooner than 8 years after its entry
into force, allowing the results and impacts of the revision to materialise.
Such an evaluation report should, in particular, assess the effectiveness of the revised
legislation – with a special, but not exclusive, focus on the issues covered by the
indicators mentioned in part 1.4.4 - as well as its efficiency, relevance, coherence and
EU value added.
In addition to that, several monitoring actions might be carried out by the
Commission.
2.2. Management and control system(s)
2.2.1. Justification of the management mode(s), the funding implementation mechanism(s),
the payment modalities and the control strategy proposed
The proposal regulates only the marketing of construction products, including
through incorporating certain environmental features to mirror the Ecodesign for
Sustainable Products Regulation. It is thus a classic type product legislation. Classic
product legislation is mostly implemented by the Commission itself as the many
legal actions and questions can hardly be outsourced to entities which have no
primary knowledge of the respective legislation. However, for certain aspects, the
use of service providers, selected via public tenders, might be necessary or at least
useful. Such might in particular be the case for information systems that are
necessary for the implementation.
The usual Commission single control mechanisms, including those applicable to
public tenders should apply and will suffice. There is no reason for particular,
deviating funding implementation mechanisms, payment modalities and control
strategies.
However, the proposal will trigger an increase in terms of human resources needed.
The proposal allows addressing the main shortcomings of the CPR framework e.g.
standardisation and establishes the environmental and product safety requirements
independently from construction works related performances. Also, it would
effectively address the goals stemming from the New Industrial Strategy, the
Standardisation Strategy, the European Green Deal, the Circular Economy action
plan and other linked initiatives, in the context of construction products. These new
features require also a consistency mechanism for the cross-border application of the
new obligations under this Regulation, as well as an information and communication
system for the collection, processing and storage of information.
In order to face cover the new tasks, it is necessary to appropriately resource the
Commission’s services. The implementation of the Regulation is estimated to require
15 FTE in total.
EN 112 EN
2.2.2. Information concerning the risks identified and the internal control system(s) set up
to mitigate them
To mitigate the inherent risk of conflict of interest concerning notified bodies,
requirements relating to notifying authorities are established.
The Commission will monitor the risk of non-compliance with the Regulation
through the reporting system that it will develop (non-compliance alert portal).
There is a clear need to manage the budget in an efficient and effective manner, and
to prevent fraud and waste. However, the control system needs to strike a fair
balance between attaining an acceptable error rate and the control burden required.
2.2.3. Estimation and justification of the cost-effectiveness of the controls (ratio of "control
costs ÷ value of the related funds managed"), and assessment of the expected levels
of risk of error (at payment & at closure)
N/A
2.3. Measures to prevent fraud and irregularities
Specify existing or envisaged prevention and protection measures, e.g. from the Anti-Fraud Strategy.
The measures set out to combat fraud are laid down in Article 35 of Regulation (EU)
1077/2011 which provides as follows:
1. In order to combat fraud, corruption and other unlawful activities, Regulation (EC) No
1073/1999 shall apply.
2. The Agency shall accede to the Interinstitutional Agreement concerning internal
investigations by the European Anti-Fraud Office (OLAF) and shall issue, without delay, the
appropriate provisions applicable to all the employees of the Agency.
3. The decisions concerning funding and the implementing agreements and instruments
resulting from them shall explicitly stipulate that the Court of Auditors and OLAF may carry
out, if necessary, on-the-spot checks among the recipients of the Agencies' funding and the
agents responsible for allocating it.
In accordance with this provision, the decision of the Management Board of the European
Agency for the operational management of large-scale IT systems in the area of freedom,
security and justice concerning the terms and conditions for internal investigations in relation
to the prevention of fraud, corruption and any illegal activity detrimental to the Union's
interests was adopted on 28 June 2012.
DG GROW's fraud prevention and detection strategy will apply.
EN 113 EN
3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE
3.1. Heading(s) of the multiannual financial framework and expenditure budget
line(s) affected
Existing budget lines
In order of multiannual financial framework headings and budget lines.
Type of
Budget line expenditure
Contribution
Heading of
multiannual from within the
from
financial Heading 1 EFTA meaning of
Diff./Non- candidate from third
framework 55 countries 57 Article 21(2)(b) of
diff. 56 countries countries
Single Market, Innovation and the Financial
Regulation
Digital
03.010101 - Support expenditure for the
1 Non Diff. YES NO6 NO6 NO
Single Market Programme
03.020101 - Operation and
1 development of the internal market of Diff. YES NO58 NO6 NO
goods and services
55
Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations.
56
EFTA: European Free Trade Association.
57
Candidate countries and, where applicable, potential candidates from the Western Balkans.
58
Discussion ongoing on potential participation of Candidate and Third Countries to this budget line
EN 114 EN
3.2. Estimated financial impact of the proposal on appropriations
3.2.1. Summary of estimated impact on operational appropriations
The proposal/initiative does not require the use of operational appropriations
The proposal/initiative requires the use of operational appropriations, as explained below:
EUR million (to three decimal places)
Heading of multiannual financial
1 Single Market, Innovation and Digital
framework
Year Year Year Year Post
DG: GROW 2027
TOTAL
2024 2025 2026 2027
Operational appropriations
Commitments (1a) 0,860 0,860 0,860 0,860 3,440
03.020101
Payments (2a) 0,258 0,688 0,860 0,860 0,774 5,160
Appropriations of an administrative nature financed from the
envelope of specific programmes59
Budget line 03.010101 (3) 0 0 0 0 0 0
=1a+1b
Commitments +3 0,860 0,860 0,860 0,860 3,440
TOTAL appropriations
for DG GROW =2a+2b
Payments 0,258 0,688 0,860 0,860 0,774 3,440
+3
TOTAL operational appropriations Commitments (4) 0,860 0,860 0,860 0,860 3,440
59
Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.
EN 115 EN
Payments (5) 0,258 0,688 0,860 0,860 0,774 3,440
TOTAL appropriations of an administrative nature (6) 0 0 0 0 0 0
financed from the envelope for specific programmes
TOTAL appropriations Commitments =4+ 6 0,860 0,860 0,860 0,860 3,440
under HEADING 1
of the multiannual financial framework Payments =5+ 6 0,258 0,688 0,860 0,860 0,774 3,440
EN 116 EN
Heading of multiannual financial
7 ‘Administrative expenditure’
framework
This section should be filled in using the 'budget data of an administrative nature' to be firstly introduced in the Annex to the Legislative Financial
Statement (Annex V to the internal rules), which is uploaded to DECIDE for interservice consultation purposes.
EUR million (to three decimal places)
Year Year Year Year Year Year Post
TOTAL
2024 2025 2026 2027 2028 2029 2029
DG: GROW
□ Human resources 1,099 1,099 1,099 0,942 0,942 0,628 5,809
□ Other administrative expenditure 0,170 0,170 0,170 0,170 0,170 0,170 1,020
TOTAL DG GROW Appropriations 1,269 1,269 1,269 1,112 1,112 0,798 6,829
TOTAL appropriations
(Total commitments =
under HEADING 7 Total payments)
1,269 1,269 1,269 1,112 1,112 0,798 6,829
of the multiannual financial framework
EUR million (to three decimal places)
Year Year Year Year Year Year Post
2029 2029
TOTAL
2024 2025 2026 2027 2028
TOTAL appropriations Commitments 2,109 2,109 2,109 1,952 1,952 1,638 11,989
under HEADINGS 1 to 7
of the multiannual financial framework Payments
EN 117 EN
3.2.2. Estimated output funded with operational appropriations
The legislative proposal aims at improving the functioning of the single market of construction products, through addressing the technical
harmonisation system, improving the enforcement and market surveillance, simplifying the provisions for SMEs and increasing the legal
clarity of the framework altogether. It also aims at improving the safety of construction products and contributing to reducing the overall
climate and environmental impact of construction products.
As such, the outputs of the initiative cannot be assimilated to products or services; no cost estimate for them can thus be provided.
3.2.3. Summary of estimated impact on administrative appropriations
The proposal/initiative does not require the use of appropriations of an administrative nature
The proposal/initiative requires the use of appropriations of an administrative nature, as explained below:
EUR million (to three decimal places)
Year Year Year Year Year Year Post
TOTAL
2024 2025 2026 2027 2028 2029 2029
HEADING 7
of the multiannual
financial framework
Human resources 1,099 1,099 1,099 0,942 0,942 0,628 5,809
Other administrative
0,170 0,170 0,170 0,170 0,170 0,170 1,020
expenditure
Subtotal HEADING 7
of the multiannual 1,269 1,269 1,269 1,112 1,112 0,798 6,829
financial framework
EN 118 EN
60
Outside HEADING 7
of the multiannual
financial framework
Human resources
Other expenditure
of an administrative 0 0 0 0 0 0
nature
Subtotal
outside HEADING 7
0 0 0 0 0 0
of the multiannual
financial framework
TOTAL 1,269 1,269 1,269 1,112 1,112 0,798 6,829
The appropriations required for human resources and other expenditure of an administrative nature will be met by appropriations from the DG that are already assigned to management of the action
and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of
budgetary constraints.
60
Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.
EN 119 EN
Estimated requirements of human resources
The proposal/initiative does not require the use of human resources.
The proposal/initiative requires the use of human resources, as explained
below:
Estimate to be expressed in full time equivalent units
Year Year Year Year Year Year Post
2024 2025 2026 2027 2028 2029 2029
Establishment plan posts (officials and temporary staff)
20 01 02 01 (Headquarters and Commission’s Representation
7 7 7 6 6 4
Offices)
20 01 02 03 (Delegations)
01 01 01 01 (Indirect research)
01 01 01 11 (Direct research)
Other budget lines (specify)
61
External staff (in Full Time Equivalent unit: FTE)
20 02 01 (AC, END, INT from the ‘global envelope’)
20 02 03 (AC, AL, END, INT and JPD in the delegations)
- at Headquarters
62
XX 01 xx yy zz
- in Delegations
01 01 01 02 (AC, END, INT - Indirect research)
01 01 01 12 (AC, END, INT - Direct research)
Other budget lines (specify)
TOTAL 7 7 7 6 6 4
XX is the policy area or budget title concerned.
The human resources required will be met by staff from the DG who are already assigned to management of the
action and/or have been redeployed within the DG, together if necessary with any additional allocation which
may be granted to the managing DG under the annual allocation procedure and in the light of budgetary
constraints.
Description of tasks to be carried out:
o Leading on the CPR Acquis process, coordination with CEN and EOTA, liaison
Officials and temporary staff
with HAS consultants and CPR consultants, developing the delegated acts on
classes and thresholds and AVCP systems;
o Ensuring that the 600 harmonised standards (and collateral legal acts) developed
under the previous CPD and CPR will be revised and readopted by CEN and
reassessed by the COM in view of eventual citation in the OJEU within five years;
o Development and citation of new standards;
o Processing of new EADs;
o Defining additional product requirements and sustainability aspects of
construction products to be covered in relevant standards under the proposal will
trigger additional workload of preparing the relevant Commission acts (sectoral
unit with the support of the JRC) and will mean more complex standardisation
requests and subsequently standards will have to be developed and assessed;
61
AC= Contract Staff; AL = Local Staff; END= Seconded National Expert; INT = agency staff;
JPD= Junior Professionals in Delegations.
62
Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ lines).
EN 120 EN
o Development of technical specifications by the Commission in case relevant
harmonised standards are not delivered by the ESOs;
o Setting-up and maintenance of the CPR database or system;
o Processing of complaints through non-compliance alert portal;
o Coordination of Notified Bodies;
o Analysing national provisions targeting non-compliant products;
o Implementation of the EU safeguard procedure;
o Adoption of delegated acts on minimum number of checks to be performed by the
market surveillance authorities;
o Drafting annual reports based on detailed statistical data covering checks
performed by their market surveillance authorities;
o Collection and development of interpretative rules;
o Providing training to market surveillance authorities, PCPCs, Notified Bodies and
other relevant authorities;
o Support to international cooperation (exchange of information on enforcement,
data of economic operators, standardisation activities, regulatory matters,
assessment and testing methods);
o Organise an exchange of information between Member States on incentives to
promote sustainable products in procurement, publish the results of such
exchanges and publish guidelines to promote widest uptake of such incentives;
o Management of projects, technical secretariat, delegated regulation linked to the
fire safety;
o Preparation of briefings;
o Overall coordination.
External staff
EN 121 EN
3.2.4. Compatibility with the current multiannual financial framework
The proposal/initiative:
can be fully financed through redeployment within the relevant heading of the Multiannual
Financial Framework (MFF).
Explain what reprogramming is required, specifying the budget lines concerned and the corresponding amounts.
Please provide an excel table in the case of major reprogramming.
requires use of the unallocated margin under the relevant heading of the MFF and/or use of
the special instruments as defined in the MFF Regulation.
Explain what is required, specifying the headings and budget lines concerned, the corresponding amounts, and the
instruments proposed to be used.
requires a revision of the MFF.
Explain what is required, specifying the headings and budget lines concerned and the corresponding amounts.
3.2.5. Third-party contributions
The proposal/initiative:
does not provide for co-financing by third parties
provides for the co-financing by third parties estimated below:
Appropriations in EUR million (to three decimal places)
Year Enter as many years as necessary
Year Year Year
to show the duration of the Total
N63 N+1 N+2 N+3
impact (see point 1.6)
Specify the co-financing
body
TOTAL appropriations
co-financed
63
Year N is the year in which implementation of the proposal/initiative starts. Please replace "N" by the expected first
year of implementation (for instance: 2021). The same for the following years.
EN 1 EN
3.3. Estimated impact on revenue
The proposal/initiative has no financial impact on revenue.
The proposal/initiative has the following financial impact:
on own resources
on other revenue
please indicate, if the revenue is assigned to expenditure lines
EUR million (to three decimal places)
64
Appropriations Impact of the proposal/initiative
available for
Budget revenue line:
the current Year Year Year Year Enter as many years as necessary to show
financial year N N+1 N+2 N+3 the duration of the impact (see point 1.6)
Article ………….
For assigned revenue, specify the budget expenditure line(s) affected.
[…]
Other remarks (e.g. method/formula used for calculating the impact on revenue or any other information).
[…]
64
As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e.
gross amounts after deduction of 20 % for collection costs.
EN 2 EN
ANNEX
to the LEGISLATIVE FINANCIAL STATEMENT
Name of the proposal/initiative:
Proposal for a regulation of the European Parliament and of the Council laying down harmonised
conditions for the marketing of construction products, amending Regulation (EU) 2019/1020 and
repealing Regulation (EU) 305/2011
This annex must accompany the legislative financial statement when the inter-services consultation is launched.
The data tables are used as a source for the tables contained in the legislative financial statement. They are strictly
for internal use within the Commission.
EN 3 EN
1. COST OF HUMAN RESOURCES CONSIDERED NECESSARY
The proposal/initiative does not require the use of human resources
The proposal/initiative requires the use of human resources, as explained below:
EUR million (to three decimal places)
HEADING 7 Year 2024 Year 2025 Year 2026 Year 2027 Year 2028 Year 2029 TOTAL
of the multiannual financial
FTE Appropriations FTE Appropriations FTE Appropriations FTE Appropriations FTE Appropriations FTE Appropriations FTE Appropriations FTE Appropriations
framework
Establishment plan posts (officials and temporary staff)
20 01 02 01 - AD 7 1,099 7 1,099 7 1,099 6 0,942 6 0,942 4 0,628 5,809
Headquarters and
Representation offices AST
20 01 02 03 - Union AD
Delegations AST
External staff 65
20 02 01 and 20 02 02 AC
– External personnel –
END
Headquarters and
Representation offices INT
AC
20 02 03 – External AL
personnel - Union END
Delegations INT
JPD
Other HR related
budget lines (specify)
Subtotal HR –
7 1,099 7 1,099 7 1,099 6 0,942 6 0,942 4 0,628 5,809
HEADING 7
The human resources required will be met by staff from the DG who are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional
allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.
65
AC = Contract Staff; AL = Local Staff; END = Seconded National Expert; INT= agency staff; JPD= Junior Professionals in Delegations.
EN 4 E
Outside HEADING 7 Year 2024 Year 2025 Year 2026 Year 2027 Year 2028 Year 2029 TOTAL
of the multiannual financial
FTE Appropriations FTE Appropriations FTE Appropriations FTE Appropriations FTE Appropriations FTE Appropriations FTE Appropriations FTE Appropriations
framework
Establishment plan posts (officials and temporary staff)
01 01 01 01 Indirect AD
Research66
01 01 01 11 Direct Research AST
Other (please specify)
External staff 67
AC
- at
END
External staff Headquarters
INT
from
operational AC
appropriations AL
(former ‘BA’ - in Union
END
lines). delegations
INT
JPD
01 01 01 02 Indirect Research AC
01 01 01 12 Direct research END
Other (please specify)68 INT
Other budget lines HR related
(specify)
Subtotal HR – Outside
HEADING 7
Total HR (all MFF
7 1,099 7 1,099 7 1,099 6 0,942 6 0,942 4 0,628 5,809
Headings)
The human resources required will be met by staff from the DG who are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with
any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.
66
Please choose the relevant budget line, or specify another if necessary; in case more budget lines are concerned, staff should be differentiated by each budget line concerned
67
AC = Contract Staff; AL = Local Staff; END = Seconded National Expert; INT= agency staff; JPD= Junior Professionals in Delegations.
68
Please choose the relevant budget line, or specify another if necessary; in case more budget lines are concerned, staff should be differentiated by each budget line concerned
EN 5 E
2. COST OF OTHER ADMINISTRATIVE EXPENDITURE
The proposal/initiative does not require the use of administrative appropriations
The proposal/initiative requires the use of administrative appropriations, as explained below:
EUR million (to three decimal places)
HEADING 7
Year 2024 Year 2025 Year 2026 Year 2027 Year 2028 Year 2029 TOTAL
of the multiannual financial framework
At headquarters or within EU territory:
20 02 06 01 - Mission and representation expenses
20 02 06 02 - Conference and meeting costs 0,170 0,170 0,170 0,170 0,170 0,170 1,020
69
20 02 06 03 - Committees
20 02 06 04 Studies and consultations
20 04 – IT expenditure (corporate)70
Other budget lines non-HR related (specify where
necessary)
In Union delegations
20 02 07 01 - Missions, conferences and representation
expenses
20 02 07 02 - Further training of staff
20 03 05 – Infrastructure and logistics
Other budget lines non-HR related (specify where
necessary)
Subtotal Other - HEADING 7
0,170 0,170 0,170 0,170 0,170 0,170 1,020
of the multiannual financial framework
The administrative appropriations required will be met by the appropriations which are already assigned to management of the action and/or which have been redeployed, together if
necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of existing budgetary constraints.
69
Specify the type of committee and the group to which it belongs.
70
The opinion of DG DIGIT – IT Investments Team is required (see the Guidelines on Financing of IT, C(2020)6126 final of 10.9.2020, page 7)
EN 6 E
EUR million (to three decimal places)
Outside HEADING 7
Year N71 Year N+1 Year N+2 Year N+3 Year N+4 Year N+5 Year N+7 Total
of the multiannual financial framework
Expenditure on technical and administrative assistance
(not including external staff) from operational
appropriations (former 'BA' lines):
- at Headquarters
- in Union delegations
Other management expenditure for research
Policy IT expenditure on operational programmes72
Corporate IT expenditure on operational programmes73
Other budget lines non-HR related (specify where
necessary)
Sub-total Other – Outside HEADING 7
of the multiannual financial framework
Total Other admin expenditure (all
MFFHeadings)
71
Year N is the year in which implementation of the proposal/initiative starts. Please replace "N" by the expected first year of implementation (for instance: 2021). The same for
the following years
72
The opinion of DG DIGIT – IT Investments Team is required (see the Guidelines on Financing of IT, C(2020)6126 final of 10.9.2020, page 7)
73
This item includes local administrative systems and contributions to the co-financing of corporate IT systems (see the Guidelines on Financing of IT, C(2020)6126 final of
10.9.2020)
EN 7 E
3. TOTAL ADMINISTRATIVE COSTS (ALL HEADINGS MFF)
EUR million (to three decimal places)
Summary Year 2024 Year 2025 Year 2026 Year 2027 Year 2028 Year 2029 Total
Heading 7 - Human Resources 1,099 1,099 1,099 0,942 0,942 0,628 5,809
Heading 7 – Other administrative expenditure 0,170 0,170 0,170 0,170 0,170 0,170 1,020
Sub-total Heading 7 1,269 1,269 1,269 1,112 1,112 0,798 6,829
Outside Heading 7 – Human Resources
Outside Heading 7 – Other administrative expenditure
Sub-total Other Headings
1. TOTAL
1,269 1,269 1,269 1,112 1,112 0,798 6,829
2. HEADING 7 and Outside HEADING 7
The administrative appropriations required will be met by the appropriations which are already assigned to management of the action and/or which have been redeployed, together if
necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of existing budgetary constraints.
EN 8 E
4. METHODS OF CALCULATION USED TO ESTIMATE COSTS
4.1. Human resources
This part sets out the method of calculation used to estimate the human resources considered necessary
(workload assumptions, including specific jobs (Sysper 2 work profiles), staff categories and the corresponding
average costs)
HEADING 7 of the multiannual financial framework
NB: The average costs for each category of staff at Headquarters are available on BudgWeb:
https://myintracomm.ec.europa.eu/budgweb/EN/pre/legalbasis/Pages/pre-040-020_preparation.aspx
Officials and temporary staff
With the revision, the scope of the CPR will be extended, both in terms of products covered and in terms
of requirements (e.g. environmental/sustainability and safety requirements). There will be more
harmonised standards (hENs) which will be more complex. Therefore, for hENs the assessment will
imply the same resources needed as the European assessment documents (EADs) now, i.e. 2.5
working days (WDs) per hEN.
Considering the need to revise approximately 600 hENs within the 5 years following the entry into force,
it can be assumed that every year 120 standards have to be assessed, x2.5 WDs per 1 assessment,
make 300 WDs;
In parallel, the CPR Acquis and the development of new Standardisation Requests (SReqs) or
Implementing Acts (IA) will be ongoing. The Acquis requires 1 FTE, so it makes 220 WDs;
Considering 5 legal acts per year (new SReqs, DAs or IAs) and approx. 30 WDs development time per
act, it makes 150 WDs (including the support of a lawyer going much more beyond the usual 0.2 FTE).
EOTA route (EADs) will be limited to products not covered at all by hENs. There are no new
requirements introduced for the EADs, thus the same assessment time as currently (2.5 WDs) can be
assumed for a maximum of 30 EADs per year. This makes 75 WDs.
The new CPR sets out a series of additional provisions that will engage technical staff at 0.5 FTE, so
approx. 110 WDs;
300+220+150+75+110= 855 WDs; that considering the previously estimation of resources where 0.66
FTE engineer is spent on technical harmonisation 855/(220*0.666)= 5 FTE engineers (rounded down
due to possible redeployment of tasks within the current team).
Regarding legal and administrative support, considering the 0.2 FTE engagement on every activity of an
engineer and approx. 1 FTE lawyer following the 5 legal acts per year, we need a minimum of 1 FTE
lawyers + 1 AST to coordinate all the procedures.
Hence a total of 7 FTEs.
External staff
Outside HEADING 7 of the multiannual financial framework
Only posts financed from the research budget
External staff
EN 9 EN
4.2. Other administrative expenditure
Give details of the method of calculation used for each budget line
and in particular the underlying assumptions (e.g. number of meetings per year, average costs, etc.)
HEADING 7 of the multiannual financial framework
The number of meetings after the entry into force of the proposal should reflect the pre-Covid situation under the
CPR, i.e.:
- Advisory Group on the CPR: 2 meetings per year (on average 54 participants, average cost of EUR 450
per participant), approx. EUR 48 600
- Standing Committee on Construction: 2 meetings per year (on average 54 participants, average cost of
EUR 450 per participant) approx. EUR 48 600
- CPR Acquis Steering Group: 3 meetings per year (on average 54 participants, average cost of EUR
450 ) approx. EUR 73 000
TOTAL: EUR 170 000
Outside HEADING 7 of the multiannual financial framework
EN 10 EN
EUROPEAN
COMMISSION
Brussels, 30.3.2022
COM(2022) 144 final
ANNEXES 1 to 7
ANNEXES
to the
Proposal for a Regulation of the European Parliament and of the Council
laying down harmonised conditions for the marketing of construction products,
amending Regulation (EU) 2019/1020 and repealing Regulation (EU) 305/2011
{SEC(2022) 167 final} - {SWD(2022) 87 final} - {SWD(2022) 88 final} -
{SWD(2022) 89 final}
EN EN
ANNEX I
Requirements
PART A: Basic requirements for construction works and essential characteristics to be
covered
1. Basic requirements for construction works
The following list of basic requirements for construction works shall be taken as the basis for
the identification of essential characteristics of products and for the preparation of
standardization requests and harmonized technical specifications.
These basic requirements for construction works do not constitute obligations incumbent upon
economic operators or Member States.
The intended life span related to basic requirements for construction works shall take into
account the likely impacts of the changing climate.
1.1. Structural integrity of construction works
The construction works and any part of them shall be designed, constructed, used, maintained
and demolished in such a way that all relevant loads and any combinations of them are
sustained and transmitted into the ground safely and without causing deflections or
deformations of any part of the construction works, or movement of the ground as to impair
the durability, structural resistance, serviceability and robustness of the construction works.
The structure and structural elements of construction works shall be designed, manufactured,
constructed, maintained and demolished in such a way that they meet the following
requirements:
(a) be durable for their intended life span (durability requirement);
(b) be able to sustain all actions and influences likely to occur during construction, use
and demolition with an appropriate degree of reliability and in an cost-effective way
(structural resistance requirement). They shall not:
(i) collapse,
(ii) deform to an inadmissible degree,
(iii) damage other parts of the construction works, fittings or installed
equipment as a result of major deformation of the load-bearing construction;
(c) remain within their specified service requirements during the intended life span with
appropriate degrees of reliability and in an economic way (serviceability
requirement);
(d) maintain appropriately their integrity in adverse events, including earthquake,
explosion, fire, impact or consequences of human errors, to an extent
disproportionate to the original cause (robustness requirement).
1.2. Fire safety of construction works
The construction works and any part of them shall be designed, constructed, used, maintained
and demolished in such a way that an event of fire is appropriately prevented. In case of a fire,
the fire shall be detected and an alarm or alert shall be triggered without a delay. The fire and
smoke shall be contained and controlled, and the occupants of the construction works shall be
protected against fire and smoke. There shall be appropriate arrangements to ensure safe
escape and evacuation of the construction works for all its occupants.
EN 1 EN
The construction works and any part of them shall be designed, constructed, used and
maintained in such a way that they meet the following requirements in the case of a fire:
(a) the load-bearing capacity of the construction works is maintained for a specific
period of time;
(b) the rescue and emergency services’ access is ensured and there are appropriate
means to facilitate their work;
(c) the generation and spread of fire and smoke is controlled and limited;
(d) the spread of the fire and smoke to the adjacent construction works is limited;
(e) the safety of rescue and emergency services is taken into consideration.
1.3. Workers, consumer and occupant protection against adverse hygiene and health
impacts related to construction works
The construction works and any part of them shall be designed, constructed, used, maintained
and demolished in such a way that they, throughout their life cycle, do not present acute or
chronic threat to the health and safety of workers, occupants or neighbors as a result of any of
the following:
(a) the emissions of hazardous substances, volatile organic compounds or hazardous
particles into indoor air;
(b) the emission of hazardous radiation into the indoor environment;
(c) the release of hazardous substances into drinking water or substances which have an
otherwise negative impact on drinking water;
(d) the passage of moisture to the interior of the building;
(e) faulty discharge of waste water, emission of flue gases or faulty disposal of solid or
liquid waste to the indoor environment.
1.4. Workers, consumers and occupants protection against physical injuries of
construction works
The construction works and any part of them shall be designed, constructed, used, maintained
and demolished in such a way that, throughout their life cycle, they do not present
unacceptable risks of accidents or damage in service or in operation, including slipping,
falling, collision, burns, electrocution and injury from falling or braking parts caused by
external factors like extreme weather conditions or explosion.
1.5. Resistance to the passage of sound and acoustic properties of construction works
The construction works and any part of them shall be designed, constructed, used, maintained
and demolished in such a way that they provide, throughout their life cycle, reasonable
protection against adverse sound load through air or materials from other parts of the same
construction work or sources outside its structure. That protection shall ensure that it:
(a) does not create immediate or chronic risks for the human health;
(b) allows occupants and people nearby to sleep, rest and engage in their normal
activities in satisfactory conditions.
The construction works and any part of them shall be designed, constructed, used and
maintained in such a way that they provide sufficient sound absorption and reflection where
these acoustic properties are required.
1.6. Energy efficiency and thermal performance of construction works
EN 2 EN
The construction works and their heating, cooling, lighting and ventilation installations shall
be designed, built, and maintained in such a way that, throughout their life cycle, the amount
of energy they require in use shall be low, when account is taken of:
(a) the target for nearly zero energy buildings and zero-emissions buildings in the
Union;
(b) the outdoor climatic conditions;
(c) the indoor climate conditions.
1.7. Hazardous emissions into the outdoor environment of construction works
The construction works and any part of them shall be designed, constructed, used, maintained
and demolished in such a way that, throughout their life cycle, they are not a threat to the
outdoor environment, as a result of any of the following:
(a) the release of hazardous substances or radiation into ground water, marine or surface
waters or soil;
(b) faulty discharge of waste water, emission of flue gases or faulty disposal of solid or
liquid waste to the outdoor environment;
(c) damage to the building, including damage through the transport of water-borne
contaminants to the foundations of the building;
(d) the release of net greenhouse gas emissions into the atmosphere.
1.8. Sustainable use of natural resources of construction works
The construction works and any part of them shall be designed, constructed, used, maintained
and demolished in such a way that, throughout their life cycle, the use of natural resources is
sustainable and ensures the following:
(a) use of raw and secondary materials of high environmental sustainability and thus
with a low environmental footprint;
(b) minimizing the overall amount of raw materials used;
(c) minimizing the overall amount of embodied energy;
(d) minimizing the overall use of drinking and brown water;
(e) reuse or recyclability of the construction works, parts of them and their materials
after demolition.
2. Essential characteristics to be covered
Harmonised technical specifications shall to the extent possible cover the following essential
characteristics related to life cycle assessment:
(a) climate change effects (mandatory);
(b) ozone depletion;
(c) acidification potential;
(d) eutrophication aquatic freshwater;
(e) eutrophication aquatic marine;
(f) eutrophication terrestrial;
(g) photochemical ozone;
EN 3 EN
(h) abiotic depletion – minerals, metals;
(i) abiotic depletion – fossil fuels;
(j) water use;
(k) particulate matter;
(l) ionizing radiation, human health;
(m) eco-toxicity, freshwater;
(n) human toxicity, cancer;
(o) human toxicity, non-cancer;
(p) land use related impacts.
Harmonised technical specifications shall indicate that for the essential characteristic of
climate change effects under point (a) it is mandatory for the manufacturer to declare the
performance of the product as set out in Articles 11(2) and 22(1).
Harmonised technical specifications shall also cover to the extent possible the essential
characteristic of capability to temporarily bind carbon and of other carbon removals.
PART B: Requirements ensuring the appropriate functioning and performance of
products
1. Products shall be designed and manufactured in such a way that:
(a) they fulfil well their intended purpose;
(b) the fulfilment of the declared performance is not impaired;
(c) the fulfilment of the environmental and safety requirements set out in Part C is not
impaired;
(d) they work well when being used.
2. The product requirements referred to in point 1 shall be specified in harmonised
technical specifications, including by specifying where necessary:
(a) the use of specific materials which can be specified also in terms of their chemical
composition;
(b) specific dimensions and shapes of products or their components;
(c) the use of certain components which can be specified also in terms of materials,
dimensions and shapes;
(d) the use of certain accessories and requirements for them;
(e) a specific way of installation;
(f) a specific way of maintenance;
(g) periodic inspections.
3. Where these product requirements are necessary to ensure the performance with
regard to a certain essential characteristic or the compliance with regard to a certain
safety or environmental product requirement, this shall be specified in the
harmonised technical specifications.
PART C: Inherent product requirements
1. Inherent product safety requirements
EN 4 EN
Safety relates to professionals (workers) and laypersons (consumers, occupants), while they
transport, install, maintain, use or dismantle the product, as well as while they treat the
product for its end of life phase or its reuse or recycling.
1.1. Products shall be designed, manufactured, and packaged in such a way that the
following inherent product safety risks are addressed in accordance with the state of
the art:
(a) chemical risks due to leaking or leaching;
(b) risk of unbalanced composition in terms of substances resulting in flawed, safety-
relevant functioning of products;
(c) mechanical risks;
(d) mechanical failure;
(e) physical failure;
(f) risks of electric failure;
(g) risks linked to electricity supply breakdown;
(h) risks linked to unintended charge or discharge of electricity;
(i) risks linked to software failure;
(j) risks of software manipulation;
(k) risks of incompatibility of substances or materials;
(l) risks linked to the incompatibility of different items, at least one of them being a
product;
(m) risk of not performing as intended, whilst the performance is safety relevant;
(n) risk of misunderstanding instructions for use in a field affecting health and safety;
(o) risk of unintended inappropriate installation or use;
(p) risk of intended inappropriate use.
1.2. Harmonised technical specifications shall, as appropriate, specify these inherent
product safety requirements, which might relate to but are in essence independent
from the phase of the installation of the product into construction works.
When specifying the inherent product safety requirements, harmonised technical
specifications shall at least cover the following elements:
(a) define the state of the art of possible risk reduction with regard to the respective
product category, including the risk of incompatibility of different items, at least one
of them being a product;
(b) provide technical solutions that avoid safety-related risks;
(c) where risk avoidance is not possible, risks shall be reduced, mitigated and addressed
by warnings on the product, its packaging and in instructions for use;
When specifying the inherent product safety requirements, harmonised technical
specifications may differentiate these in accordance with performance classes.
2. Inherent product environmental requirements
EN 5 EN
Environment relates to the extraction and manufacturing of the materials, the manufacturing
of the product, its maintenance, its potential to remain as long as possible within a circular
economy and its end of life phase.
2.1. Products shall be designed, manufactured, and packaged in such a way that the
following inherent product environmental aspects are addressed in accordance with
the state of the art:
(a) maximising durability in terms of the expected average life span, the expected
minimum life span under worst but still realistic conditions, and in terms of the
minimum life span requirements;
(b) minimising whole-life-cycle greenhouse gas emissions;
(c) maximising recycled content wherever possible without safety loss or outweighing
negative environmental impact;
(d) selection of safe, environmentally benign substances;
(e) energy use and energy efficiency;
(f) resource efficiency;
(g) identification which product or parts thereof and in what quantity can be reused after
de-installation (reusability);
(h) upgradability;
(i) reparability during the expected life span;
(j) possibility of maintenance and refurbishment during the expected life span;
(k) recyclability and the capability to be remanufactured;
(l) capability of different materials or substances to be separated and recovered during
dismantling or recycling procedures.
2.2. Harmonised technical specifications shall, as appropriate, specify these inherent
product environmental requirements, which might relate to but are in essence
independent from the phase of the installation of the product into construction works.
When specifying the inherent product environmental requirements, harmonised technical
specifications shall at least cover the following elements:
(a) if possible, define the state of the art of addressing the environmental aspects with
regard to the respective product category, including the minimum recycled content;
(b) provide technical solutions which avoid negative environmental effects and risks,
including the generation of waste materials;
(c) where avoidance is not possible, negative effects and risks shall be reduced,
mitigated and addressed by warnings on the product, its packaging and in
instructions for use.
When specifying the inherent product environmental requirements, harmonised technical
specifications may differentiate these in accordance with performance classes.
PART D: Product information requirements
1. Products shall be accompanied by the following information:
1.1. Product identification: unequivocal type number on the basis of the determination of
product type pursuant to Article 3, point 31.
EN 6 EN
1.2. Product description:
(a) intended uses;
(b) intended users;
(c) conditions of uses;
(d) estimated average and minimum service life span for intended use (durability);
(e) nominal dimensions (drawings);
(f) main materials used;
(g) key parts.
1.3. Transport, installation, maintenance, deconstruction and demolition rules:
(a) Safety during transport, installation, maintenance, deconstruction and demolition:
(i) potential risks of the product and any reasonably foreseeable misuse thereof;
(ii) instructions for the assembly, installation and connection, including drawings,
diagrams and, where relevant, the means of attachment to other products and
parts of construction works;
(iii) instructions for operation and maintenance to be carried out safely, including
the protective measures that should be taken during these operations;
(iv) if necessary, instructions for the training of the installers or operators;
(v) information on what to do in case of failure or accidents;
(b) Compatibility and integration into systems or kits:
(i) compatibility with other materials or products, regardless of whether they are
covered by this Regulation or not;
(ii) electric and electro-magnetic compatibility;
(iii) software compatibility;
(iv) integration into systems or kits;
(c) Maintenance needs with a view to maintaining the performance of the product during
its service life span:
(i) description of the adjustment and maintenance operations that should be
carried out by the users and the preventive maintenance measures that should
be observed;
(ii) the type and frequency of inspections and maintenance required for safety
reasons and, where appropriate, the parts subject to wear and the criteria for
replacement;
(iii) information on what to do in case of failure or accident;
(d) Safety during use:
(i) instructions on the protective measures to be taken by the user, including,
where appropriate, the personal protective equipment to be provided;
(ii) instructions designed for the safe use of the product, including the protective
measures that should be taken during its use;
(iii) information on what to do in case of failure or accident during use;
EN 7 EN
(e) Training and other requirements necessarily to be fulfilled for safe use;
(f) Risk mitigation possibilities going beyond points 1.2 to 1.3.
1.4. Contact details of the manufacturer or the representative:
(a) address/website/telephone number/email address;
(b) if possible, specific contact details should be given for:
(i) information on installation, maintenance, use, deconstruction and demolition,
(ii) information on risks,
(iii) information in case of failure;
1.5. Contact details of relevant authorities in case of risky or faulty products.
1.6. Rules or recommendations for repair, deconstruction, reuse, remanufacturing,
recycling or safe deposit.
Product information on these items shall, both in terms of quantity and quality, suffice to
make knowledgeable decisions on purchase, including the respective needed quantity,
installation, use, maintenance, dismantling, reuse and recycling of the product. It shall include
all the drawings, diagrams, descriptions and explanations necessary to understand it.
2. Harmonised technical specifications may specify that a certain product information
requirement is not relevant for a certain product category.
3. Harmonised technical specifications shall, as appropriate, specify the product
information requirements set out in point 1 that may relate both to the product itself
and to its installation into construction works. Thereby, they shall take into account
the needs of designers, building authorities, construction professionals, building
control authorities, consumers and other users, occupants, use managers, and of
maintenance professionals.
When specifying the product information requirements, harmonised technical specifications
shall at least cover the following elements:
(a) address safety and environmental aspects relevant for the respective product
category;
(b) specify where the respective information is to be provided, aiming, by choice of the
location, at the utmost likelihood for information not be overlooked. If possible,
several of the following places shall be selected: on the product, on its label, on its
packaging, on its outer (sales) packaging, in paper instructions for use, in electronic
instructions for use, on the website of the manufacturer or in the product database
established in accordance with Article 78;
(c) in cases where information may or shall be provided on the website of the
manufacturer or in the product database, the harmonised technical specifications
shall require a link to be placed on the product, on its packaging, and on its outer
(sales) packaging;
4. Harmonised technical specifications may permit manufacturers to provide certain
information items relevant for Member States, users or occupants, under the
condition that:
(a) the respective Member States’ regulation is compatible with Union law,
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(b) it is made clear that the respective information items permitted by the harmonised
technical specifications do not relate to Union law and are not mandatory.
EN 9 EN
ANNEX II
Declaration of Performance and of Conformity1
Name of the Manufacturer
Declaration No ...2
Version No …3
Date of that version …
1. Product description
(a) unique identification code of the product type, and the ranges of batch numbers and
serial numbers covered if already determined for the respective product type;
(b) product category as defined by harmonised technical specifications or European
Assessment Documents;
(c) intended uses of the product, necessarily falling under those intended uses for which
the applicable harmonised technical specification or European Assessment
Document has been developed, with facultative additional information on the
intended users, or the conditions for safe and good use;
(d) dimensions of the product;
(e) main materials or substances used;
(f) information to be provided in accordance with Regulation (EC) 1907/2006;
(g) key parts of the product;
(h) estimated average and minimum service life time for the intended use foreseen for
the product (durability);
(i) variants, if any, and their descriptions;
(j) information falling under Annex I Part D.
2. Permalinks as regards the following:
(a) the manufacturer’s products registration(s) in EU databases, and the precise location
therein where the product can be found, and to his own product presentation website;
(b) any voluntarily or mandatorily used products registration database or website, and
the precise location therein where the product can be found;
(c) instructions for use in accordance with Annex I Part D point 1.3.
3. Manufacturer:
(a) name;
(b) trade name;
(c) place of business;
1
Where a Declaration of Performance is issued without parallel issuing of a Declaration of Conformity, the
points 12. and 13c. shall be omitted.
2
Only one unique, unequivocal declaration number per product type shall be used, even where there are variants,
variants being variations of the product type that do not influence performance or conformity of the product.
3
Different versions may be issued, e.g. to correct mistakes or add complementary information.
EN 10 EN
(d) postal address;
(e) telephone;
(f) email address;
(g) website;
(h) social media contact details;
(i) where available, specific contact details for providing information on installation,
maintenance, use, de-construction, and on the handling of risks or product failure.
4. Authorised representative:
(a) name;
(b) trade name;
(c) place of business;
(d) postal address;
(e) telephone;
(f) email address;
(g) website;
(h) social media contact details;
(i) where available, specific contact details for information on installation, maintenance,
use, de-construction, on the handling of risks and on actions in case of product
failure.
5. Notified bodies:
(a) name;
(b) trade name;
(c) place of business;
(d) postal address;
(e) telephone;
(f) email address;
(g) website;
(h) social media contact details.
6. Technical Assessment Body:
(a) name;
(b) trade name;
(c) place of business;
(d) postal address;
(e) telephone;
(f) email address;
(g) website;
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(h) social media contact details.
7. Assessment and verification system(s) applied
8. Harmonised technical specifications applied:
(reference number and date of issue)
9. European Assessment Document applied:
(reference number and date of issue)
10. European Technical Assessment issued:
(technical assessment body, reference number and date of issue)
11. Declared performances and sustainability characteristics:
(a) the list of essential characteristics, as determined in the harmonised technical
specification or European Assessment Document for the respective product category
for which a performance is declared.
(b) the performance of the product, by calculated values, levels or classes, or in a
description. Respective values, levels or classes shall be reproduced in the
declaration of performance itself and thus cannot be expressed solely by inserting
references to other documents. However, the performance of structural behaviour of
a product may be expressed by referring to attached production documentation or
structural design calculations.
(c) the environmental sustainability data calculated in accordance with Article 22(1), in
particular where they fit under the essential characteristics listed in Annex I Part A,
point 2, in case the respective rules covering the product category have become
applicable at the time of placing on the market or direct installation.
12. The product identified above is in conformity with the following requirements of
Annex I Part B and C as specified by4:
13. Declarations:
(a) the performance of the product identified above is in conformity with the set of
declared performances under point 11;
(b) the sustainability data of the product identified above have been correctly calculated
on the basis of the product category rules applicable to it;
(c) the product identified above is in conformity with the requirements listed under point
12.
Signed for and on behalf of the manufacturer by:
[name, function5]
At [place]
on [date of issue]
[signature]
4
Cite the respective harmonised technical specifications.
5
The person signing shall be empowered by virtue of national law to represent the manufacturer, be it on the
basis of a mandate, be it due to her/his role as legal representative.
EN 12 EN
ANNEX III
Procedure for adopting a European Assessment Document
1. Request for a European Technical Assessment
(a) When a manufacturer makes a request for a European Technical Assessment to any
TAB for a product, and after the manufacturer and the TAB (hereinafter referred to
as the ‘responsible TAB’) have signed an agreement of commercial secrecy and
confidentiality, unless the manufacturer decides otherwise, the manufacturer shall
submit to the responsible TAB a technical file describing the product, its use as
foreseen by the manufacturer and details of the factory production control the
manufacturer intends to apply.
(b) When a group of manufacturers or a manufacturers’ association (hereinafter referred
to as the ‘Group’) makes a request for a European Technical Assessment, it shall
address the request to the organisation of TABs that will propose to the Group a TAB
to act as the responsible TAB. The Group can either accept the proposed TAB or ask
the organisation of TABs to propose an alternative TAB. Once the Group has
accepted the responsible TAB proposed by the organisation of TABs, the members
of the Group shall sign an agreement of commercial secrecy and confidentiality with
this TAB, unless the Group decides otherwise, and the Group shall submit to the
responsible TAB a technical file describing the product, its use as foreseen by the
Group and details of the factory production control the members of the Group intend
to apply.
(c) In the absence of a request for a European Technical Assessment, when the
Commission initiates the development of a European Assessment Document, it shall
deliver to the organisation of TABs a technical file describing the product, its use and
details of the factory production control to become applicable. The Commission
selects the TAB to act as the responsible TAB, after consulting the organisation of
TABs.
2. Contract
For products referred to in Article 37(1)(c), within 1 month from the reception of the technical
file, in cases foreseen in points 1(a) and 1(b), a contract shall be concluded respectively
between the manufacturer or the Group and the responsible TAB for the production of the
European Technical Assessment, specifying the work programme for drawing up the
European Assessment Document, including:
(a) the organisation of work within the organisation of TABs,
(b) the composition of the workgroup to be established within the organisation of TABs,
designated for the product area in question, and
(c) the coordination of TABs.
In the case foreseen in point 1(c), the responsible TAB shall submit to the Commission the
work programme for drawing up the European Assessment Document with the same content
and within the same deadline. After that, the Commission shall have 30 working days to
communicate to the responsible TAB its observations on it, and the responsible TAB shall
amend the work programme accordingly.
3. Work programme
After the conclusion of the contract with the manufacturer or the Group, the organisation of
TABs shall inform the Commission of the work programme for drawing up the European
EN 13 EN
Assessment Document, the schedule for its execution and indicating the assessment
programme. This communication shall take place within 3 months of the receipt of the request
for a European Technical Assessment.
4. The draft European Assessment Document
The organisation of TABs shall finalise a draft European Assessment Document by means of
the working group coordinated by the responsible TAB and shall communicate such draft to
the parties concerned within 6 months of the date the Commission was informed of the work
programme in cases foreseen in points 1(a) and 1(b) or the date the Commission
communicated to the responsible TAB its observations on the work programme in the case
foreseen in point 1(c).
5. Commission Participation
A Commission representative may participate, as observer, to all the parts of the execution of
the work programme. The Commission may request the organisation of TABs at any stage to
abandon or modify the development of a certain European Assessment Document, including
merging or splitting thereof.
6. Member States consultation
In the case foreseen in point 1(c), the Commission shall inform Member States on the
development of the European Assessment Document after the finalisation of the work
programme for it. When requested, Member States may participate where appropriate in its
execution.
7. Extension and delay
Any delay in relation to the time limits set in points 1 to 4 in this Annex shall be reported by
the working group to the organisation of TABs and to the Commission.
If an extension of the time limits for developing the European Assessment Document can be
justified, notably by the absence of a Commission decision on the applicable assessment and
verification system for the product or by the need to develop a new test method, an extended
time limit shall be set by the Commission.
8. Amendments and adoption of a European Assessment Document
8.1. In cases foreseen in points 1.(a) and 1.(b), the responsible TAB shall communicate
the draft European Assessment Document to the manufacturer or the Group,
respectively, who shall have 15 working days to react thereto. Thereafter, the
organization of TABs shall:
(a) if applicable, inform the manufacturer or the Group as to how their reactions
have been taken into account;
(b) adopt the draft European Assessment Document;
(c) send a copy of it to the Commission.
8.2. In the case foreseen in point 1.(c), the responsible TAB shall:
(a) adopt the draft European Assessment Document;
(b) send a copy of it to the Commission.
If, within 30 working days of receipt, the Commission communicates to the organisation of
TABs its observations on the draft European Assessment Document, the organisation of
TABs, after having been given the opportunity to comment, shall amend the draft accordingly
and shall send a copy of the adopted European Assessment Document in cases foreseen in
EN 14 EN
points 1.(a) and 1.(b) to the manufacturer or the Group, respectively, and in all cases to the
Commission.
9. Final European Assessment Document to be published
The organisation of TABs shall adopt the final European Assessment Document and shall
send a copy thereof to the Commission, together with a translation of its title in all the official
languages of the Union, for the publication of its reference in the Official Journal of the
European Union. The organisation of TABs shall publish the European Assessment
Document.
EN 15 EN
ANNEX IV
Product areas and requirements for TABs
Table 1 —Product areas
AREA PRODUCT AREA
CODE
1 PRECAST NORMAL/LIGHTWEIGHT/AUTOCLAVED AERATED
CONCRETE PRODUCTS.
2 DOORS, WINDOWS, SHUTTERS, GATES AND RELATED BUILDING
HARDWARE.
3 MEMBRANES, INCLUDING LIQUID APPLIED AND KITS (FOR WATER
AND/OR WATER VAPOUR CONTROL).
4 THERMAL INSULATION PRODUCTS.
COMPOSITE INSULATING KITS/SYSTEMS.
5 STRUCTURAL BEARINGS.
PINS FOR STRUCTURAL JOINTS.
6 CHIMNEYS, FLUES AND SPECIFIC PRODUCTS.
7 GYPSUM PRODUCTS.
8 GEOTEXTILES, GEOMEMBRANES, AND RELATED PRODUCTS.
9 CURTAIN WALLING/CLADDING/STRUCTURAL SEALANT GLAZING.
10 FIXED FIRE FIGHTING EQUIPMENT (FIRE ALARM/DETECTION, FIXED
FIREFIGHTING, FIRE AND SMOKE CONTROL AND EXPLOSION
SUPPRESSION PRODUCT).
11 STRUCTURAL TIMBER PRODUCTS/ELEMENTS AND ANCILLARIES.
12 WOOD BASED PANELS AND ELEMENTS.
13 CEMENT, BUILDING LIMES AND OTHER HYDRAULIC BINDERS.
14 REINFORCING AND PRESTRESSING STEEL FOR CONCRETE (AND
ANCILLARIES).
POST TENSIONING KITS.
15 MASONRY AND RELATED PRODUCTS.
MASONRY UNITS, MORTARS, AND ANCILLARIES.
16 WASTE WATER ENGINEERING PRODUCTS.
17 FLOORINGS.
18 STRUCTURAL METALLIC PRODUCTS AND ANCILLARIES.
19 INTERNAL & EXTERNAL WALL AND CEILING FINISHES. INTERNAL
PARTITION KITS.
20 ROOF COVERINGS, ROOF LIGHTS, ROOF WINDOWS, AND ANCILLARY
PRODUCTS.
ROOF KITS.
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21 ROAD CONSTRUCTION PRODUCTS.
22 AGGREGATES.
23 CONSTRUCTION ADHESIVES.
24 PRODUCTS RELATED TO CONCRETE, MORTAR AND GROUT.
25 SPACE HEATING APPLIANCES.
26 PIPES-TANKS AND ANCILLARIES NOT IN CONTACT WITH WATER
INTENDED FOR HUMAN CONSUMPTION.
27 FLAT GLASS, PROFILED GLASS AND GLASS BLOCK PRODUCTS.
28 POWER, CONTROL AND COMMUNICATION CABLES.
29 SEALANTS FOR JOINTS.
30 FIXINGS.
31 BUILDING KITS, UNITS, AND PREFABRICATED ELEMENTS.
32 FIRE STOPPING, FIRE SEALING AND FIRE PROTECTIVE PRODUCTS.
FIRE RETARDANT PRODUCTS.
33 CONSTRUCTION PRODUCTS NOT INCLUDED IN THE PRODUCT AREAS
ABOVE.
Table 2 - Requirements for TABs
TABs shall be able to fulfil the following tasks and requirements:
Competence Description of tasks Requirement
1. Analysing Identify the possible risks and A TAB shall be established under
risks benefits for the use of innovative national law and have legal
products in the absence of personality. It shall be independent
established/consolidated technical from the stakeholders and from any
information regarding their particular interests.
performance when installed in A TAB shall have staff with:
construction works.
(a)objectivity and sound technical
2 Setting Transform the outcome of the risk judgement;
technical analysis into technical criteria for
criteria evaluating behaviour and (b)detailed knowledge of the
performance of the products regulatory provisions and other
regarding the fulfilment of applicable requirements in force in the
national requirements; Member States where it is
provide the technical information designated, concerning product
needed by those participating in the areas for which it is to be
building process as potential users of designated;
the products (manufacturers, (c)general understanding of
designers, contractors, installers). construction practice and detailed
technical knowledge, concerning
3.Setting Design and validate appropriate
EN 17 EN
assessment methods (tests or calculations) to product areas for which it is to be
methods assess performance for essential designated;
characteristics of products, taking (d)detailed knowledge of specific
into account the current state of the risks involved and the technical
article. aspects of the construction
process;
(e)detailed knowledge of the existing
harmonised standards and test
methods within the product areas
for which it is to be designated;
(f) detailed knowledge of this
Regulation;
(g) appropriate linguistic skills.
The remuneration of the TAB
personnel shall not depend on the
number of the assessments carried
out or on the results of such
assessments.
4.Determining the Understand and evaluate the A TAB shall have staff with
specific factory manufacturing process of the specific appropriate knowledge of the
production product in order to identify relationship between the
control appropriate measures ensuring manufacturing processes and product
product constancy through the given characteristics related to factory
manufacturing process. production control.
5.Assessing the Assess the performance for essential In addition to the requirements listed
product characteristics of products on the in points 1, 2 and 3, a TAB shall have
basis of harmonised methods against access to the necessary means and
harmonised criteria. equipment for the assessment of the
performance for essential
characteristics of products within the
product areas for which it is to be
designated.
6.General Ensure consistency, reliability, A TAB shall have:
management objectivity and traceability through
the constant application of (a) a proven record of respect of good
appropriate management methods. administrative behaviour;
(b) a policy and the supporting
procedures to ensure
confidentiality and protection of
sensitive information within the
TAB and all its partners;
(c) a document control system to
ensure registration, traceability,
maintenance, protection and
archiving of all relevant
documents;
EN 18 EN
(d) a mechanism for internal audit
and management review to ensure
the regular monitoring of the
compliance with appropriate
management methods;
(e) a procedure to manage objectively
appeals and complaints.
EN 19 EN
ANNEX V
Assessment and verification systems (AVS)
The manufacturer shall correctly determine the product type pursuant to Article 3, point 31,
and the corresponding product category on the basis of the applicable harmonised technical
specification. Where a notified body is involved in assessment and verification, the notified
body shall verify these determinations, including the verification that no identical items are
declared to be of a different type.
1. System 1+ – Full notified body control including audit sample testing
(a) The manufacturer shall carry out:
(i) factory production control;
(ii) further testing of samples taken at the manufacturing plant in accordance with
the prescribed test plan;
(iii) verification whether the technical documentation contains full proof of the
correct application of this Regulation with regard to the assessment of
performance;
(iv) verification whether the technical documentation contains full proof of
conformity with product requirements under this Regulation.
(b) The notified body shall issue the certificate of performance and of conformity on the
basis of:
(i) confirmation of the correct determination of the product type and of the
product category;
(ii) an assessment of the performance of the product on the basis of type testing
(including sampling of the item(s) to be taken as representative of the type),
type calculation or tabulated values and, in all these cases, review of the
documentation of the product;
(iii) initial inspection of the manufacturing plant and of factory production control;
(iv) audit-testing of samples taken before placing the product on the market;
(v) full verification of the tasks under paragraphs (a) (iii) and (iv).
(c) The notified body shall provide continuous surveillance, assessment and evaluation
of factory production control. On this occasion, it shall undertake a check of 50
random points falling under the paragraphs (a) (ii) to (iv) and withdraw the certificate
in case it detects more than 2 non-compliances or one particularly grave non-
compliance, amongst these 50 points and the other verifications to be made in
accordance with this paragraph.
2. System 1 – Full notified body control without audit sample testing
(a) The manufacturer shall carry out:
(i) factory production control;
(ii) further testing of samples taken at the manufacturing plant by the manufacturer
in accordance with the prescribed test plan;
(iii) verification whether the technical documentation contains full proof of the
correct application of this Regulation with regard to the assessment of
performance;
EN 20 EN
(iv) verification whether the technical documentation contains full proof of
conformity with product requirements of this Regulation.
(b) The notified body shall issue the certificate of performance and of conformity on the
basis of:
(a) confirmation of the correct determination of the product type and of the
product category:
(ii) an assessment of the performance of the product on the basis of type testing
(including sampling of the item(s) to be taken as representative of the type),
type calculation or tabulated values and, in all these cases, review of the
documentation of the product;
(iii) initial inspection of the manufacturing plant and of factory production control;
(iv) full verification of the tasks under paragraphs (a) (iii) and (iv).
(c) The notified body shall provide continuous surveillance, assessment and evaluation
of factory production control. On this occasion, it shall undertake a check of 40
random points falling under the items (a) (ii) to (iv) and withdraw the report or
certificate in case it detects more than 2 non-compliances or one particularly grave
non-compliance, amongst these 40 points and the other verifications to be made in
accordance with this paragraph.
3. System 2+ – Notified body focusing on the factory production control
(a) The manufacturer shall carry out:
(i) an assessment of the performance of the product on the basis of testing
(including sampling of the item(s) to be taken as representative of the type),
type calculation, tabulated values or descriptive documentation of that product;
(ii) factory production control;
(iii) testing of samples taken at the factory in accordance with the prescribed test
plan;
(iv) verification whether the technical documentation contains full proof of the
correct application of this Regulation with regard to the assessment of performance;
(v) verification whether the technical documentation contains full proof of
conformity with product requirements of this Regulation.
(b) The notified body shall issue the certificate of conformity of the factory production
control on the basis of:
(i) confirmation of the correct determination of the product type and of the
product category and confirmation of the correct assessment of the
performance of the product on the basis of the review of the documentation of
the product;
(ii) initial inspection of the manufacturing plant and of factory production control;
(iii) full verification of the tasks under paragraphs (a) (iv) and (v).
(c) The notified body shall provide continuous surveillance, assessment and evaluation
of factory production control. On this occasion, it shall undertake a check of 30
random points falling under the paragraphs (a) (iii) to (v) and withdraw the certificate
in case it detects more than 2 non-compliances or one particularly grave non-
EN 21 EN
compliance, amongst these 30 points and the other verifications to be made in
accordance with this paragraph.
4. System 3+ – Notified body’s control of environmental sustainability assessment
(a) The manufacturer shall carry out the assessment of the performance of the product in
relation to essential characteristics or product requirements related to environmental
sustainability and keep it updated.
(b) The notified body shall, in particular in view of input values, assumptions made and
compliance with applicable generic or product category specific rules:
(i) verify the manufacturer’s initial and updated assessment;
(ii) validate the process applied to generate that assessment.
5. System 3 – Notified body focusing on the product type determination
(a) The manufacturer shall carry out:
(i) an assessment of the performance of the product on the basis of testing
(including sampling of the item(s) to be taken as representative of the type),
type calculation, tabulated values or descriptive documentation of that product;
(ii) factory production control;
(iii) verification whether the technical documentation contains full proof of the
correct application of this Regulation with regard to the assessment of
performance;
(iv) verification whether the technical documentation contains full proof of
conformity with product requirements of this Regulation.
(b) The notified body shall issue the certificate of performance and of conformity on the
basis of:
(i) confirmation of the correct determination of the product type and of the
product category and confirmation of the correct assessment of the
performance of the product on the basis of type testing (based on sampling
carried out by the manufacturer), type calculation or tabulated values and, in all
these cases, review of the documentation of the product;
(ii) undertaking a check of 20 random points falling under the paragraphs (a) (iii)
and (iv) and refuse the issuing of a certificate in case it detects more than 2
non-compliance or one particularly grave non-compliance, amongst these 20
points and the other verifications to be made in accordance with this paragraph.
6. System 4 – Manufacturer’s self-verification and self-certification
(a) The manufacturer shall carry out:
(i) an assessment of the performance of the product on the basis of testing
(including sampling of the item(s) to be taken as representative of the type),
type calculation, tabulated values or descriptive documentation of that product;
(ii) confirmation of the correct determination of the product type and of the
product category on the basis of type testing, type calculation or tabulated
values and, in all these cases, review of the documentation of the product;
(iii) factory production control;
EN 22 EN
(iv) verification whether the technical documentation contains full proof of the
correct application of this Regulation with regard to the assessment of performance;
(v) verification whether the technical documentation contains full proof of
conformity with product requirements of this Regulation.
(b) There is no task for the notified body.
7. For all the systems above the following shall apply:
(a) Inspection of the manufacturing plant shall cover the entire technical part of the
plant, at least with regard to the following elements, which shall ensure a continuous
orderly manufacturing process:
(i) appropriate competence of the personnel;
(ii) appropriateness of the technical equipment;
(iii) appropriateness of the facilities and other conditions influencing the
manufacturing;
(iv) outline of the intended factory production control.
(b) Factory production control shall cover the process from receipt of the raw materials
and components to the dispatch of the product once the production has started (‘gate
to gate’ approach). It shall assess whether this process is designed and optimised in
view of the goal that the products conform with the product type and therefore reach
the performances declared in the declaration of performance and are compliant with
the requirements set out in or under this Regulation.
(c) Further testing of samples shall constitute of testing of an adequate number of
products, as defined in harmonised technical specifications, with regard to
conformity with the product type, with zero tolerance for non-conformity, unless
another tolerance is defined in the harmonised technical specifications.
(d) Verification of items shall, to 50 %, target items which are most likely to contain
deficiencies and, to another 50 %, target items chosen at random.
(e) Verification of environmental sustainability shall constitute of the verification of all
calculations and verification of 10 samples of company-specific or secondary data
factored in, with zero tolerance for incorrectness. In that context, the notified body
shall verify whether the applicable rules on modelling and calculation laid down in
the applicable harmonised technical specification or methodology provided by the
Commission are followed.
In case an IT tool provided by the Commission is used, the verification focuses on
the correct use of the tool. Where secondary data is used, the notified body shall
check whether the correct data sets, prescribed by applicable product-specific
calculation rules contained in the applicable harmonised technical specification or
methodology provided by the Commission, are used. Where company-specific data
is used, the reliability of that data needs to be verified. To that end, the notified body
shall undertake an audit of the manufacturing plant to which they refer and shall
examine all data relating to suppliers and service providers. Notified bodies may
extend their audit to suppliers and service providers who are obliged to cooperate in
accordance with Article 30.
(f) Where the above mentioned failure rates have been trespassed or where a grave error
or the intention to cheat has been detected, the notified body shall refuse issuing a
EN 23 EN
certificate for at least one year or withdraw the certificate whilst permitting issuing a
new one only after one year.
(g) Notified bodies that are undertaking tasks under Systems 1+, 1, and 3 as well as
manufacturers that are undertaking tasks under Systems 2+ and 4 shall consider the
European Technical Assessment issued for the product in question as the assessment
of the performance of that product. Notified bodies and manufacturers shall therefore
undertake the tasks referred to in points 1.(b)(ii), 2.(b)(ii), 3.(a)(i), 5.(a)(i) and 6(a)(i),
respectively, only where there is evidence that these have not or not appropriately
been executed by the TAB.
EN 24 EN
ANNEX VI
Essential characteristics for which a reference to a relevant harmonised technical
specification is not required in the context of notification of notified bodies
1. Reaction to fire.
2. Resistance to fire.
3. External fire performance.
4. Noise absorption.
5. Emissions of dangerous substances.
6. Environmental sustainability.
EN 25 EN
ANNEX VII
Correlation tables
Table 1: Regulation (EU) 305/2011 > this Regulation
Regulation (EU) 305/2011 This Regulation
Article 1 Article 1
Article 2 Article 3
Article 3 Article 4
Article 4 Article 9
Article 5 Article 10
Article 6 Article 11
Article 7 Article 15
Article 8 Article 16
Article 9 Article 17
Article 10 Article 79
Article 11 Article 22
Article 12 Article 23
Article 13 Article 24
Article 14 Article 25
Article 15 Article 26
Article 16 Article 30
Article 17 Article 34
Article 18 Article 34
Article 19 Article 35
Article 20 Article 36
Article 21 Article 37
EN 26 EN
Article 22 Article 38
Article 23 Article 39
Article 24 Article 40
Article 25 Article 41
Article 26 Article 42
Article 27
Article 28 Article 6
Article 29 Article 44
Article 30 Article 45
Article 31 Article 46
Article 32
Article 33
Article 34
Article 35
Article 36 Article 64
Article 37 Article 65 and 67
Article 38 Article 66
Article 39 Article 47
Article 40 Article 48
Article 41 Article 49
Article 42 Article 47
Article 43 Article 50
Article 44 Article 51
Article 45 Article 53
Article 46 Article 54
Article 47 Article 55
EN 27 EN
Article 48 Article 56
Article 49 Article 57
Article 50 Article 58
Article 51 Article 59
Article 52 Article 60
Article 53 Article 61
Article 54 Article 48
Article 55 Article 63
Article 56 Article 70
Article 57 Article 71
Article 58 Article 72
Article 59 Article 70
Article 60 Article 86
Article 61 Article 86
Article 62 Article 86
Article 63 Article 86
Article 64 Article 88
Article 65 Article 92
Article 66 Article 93
Article 67
Article 68 Article 94
Table 2: this Regulation > Regulation (EU) 305/2011
This Regulation Regulation (EU) 305/2011
Article 1 Article 1
Article 2
EN 28 EN
Article 3 Article 2
Article 4 Article 3
Article 5
Article 6 Article 28
Article 7
Article 8
Article 9 Article 4
Article 10 Article 5
Article 11 Article 6
Article 12
Article 13
Article 14
Article 15 Article 7
Article 16 Article 8
Article 17 Article 9
Article 18
Article 19
Article 20
Article 21
Article 22 Article 11
Article 23 Article 12
Article 24 Article 13
Article 25 Article 14
Article 26 Article 15
Article 27
Article 28
EN 29 EN
Article 29
Article 30 Article 16
Article 31
Article 32
Article 33
Article 34 Article 17 and 18
Article 35 Article 19
Article 36 Article 20
Article 37 Article 21
Article 38 Article 22
Article 39 Article 23
Article 40 Article 24
Article 41 Article 25
Article 42 Article 26
Article 43
Article 44 Article 29
Article 45 Article 30
Article 46 Article 31
Article 47 Article 39 and 42
Article 48 Article 40 and 54
Article 49 Article 41
Article 50 Article 43
Article 51 Article 44
Article 52
Article 53 Article 45
Article 54 Article 46
EN 30 EN
Article 55 Article 47
Article 56 Article 48
Article 57 Article 49
Article 58 Article 50
Article 59 Article 51
Article 60 Article 52
Article 61 Article 53
Article 62
Article 63 Article 55
Article 64 Article 36
Article 65 Article 37
Article 66 Article 38
Article 67 Article 37
Article 68
Article 69
Article 70 Article 56 and 59
Article 71 Article 57
Article 72 Article 58
Article 73
Article 74
Article 75
Article 76
Article 77
Article 78
Article 79 Article 10
Article 80
EN 31 EN
Article 81
Article 82
Article 83
Article 84
Article 85
Article 86 Article 60, 61, 62 and 63
Article 87
Article 88 Article 64
Article 89
Article 90
Article 91
Article 92 Article 65
Article 93 Article 66
Article 94 Article 68
EN 32 EN
Saatja: Ketli Lindus <
[email protected]>
Saadetud: 12.04.2022 17:46
Adressaat: Ketli Lindus <
[email protected]>
Teema: Euroopa Komisjoni ehitustoodete määruse muutmise ettepanek - palume tagasisidet
Manused: image001.png; image002.jpg; Seletuskiri - Ehitustoodete määruse läbivaatamine 2020-
11-16.docx; COM_2022_144_1_EN_ACT_part1_v10.pdf;
COM_2022_144_1_EN_annexe_proposition_part1_v8.pdf
Lugupeetud turuosalised!
Euroopa Komisjon on algatanud ehitustoodete määruse (305/2011) muutmise ettepaneku arutelu ja
esitanud tutvumiseks määruse täielikult uuendatud sisuga eelnõu. Määruse muutmisega soovitakse
tugevdada ja ajakohastada õigusnorme, mis on kehtinud alates 2011. aastast. Komisjoni hinnangul ei
toimi kehtiv standarditel põhinev lähenemine parimal viisil ning ehitustoodete regulatsioon vajab
uuendamist. Esitatud ettepanekute kohaselt luuakse ühtlustatud raamistik ehitustoodete keskkonna- ja
kliimamõju hindamiseks ja sellest teavitamiseks. Uued tootenõuded peavad tagama, et ehitustoodete
kavandamine ja tootmine põhineb parimal tehnika tasemel, turule lubatud ehitustooted vastavad
nõuetele, on vastupidavad ja lihtsalt parandatavad. Ettepanekute kohaselt lihtsustatakse
keskkonnaeesmärkide saavutamiseks ehitustoodete taaskasutamist ning hõlbustatakse nende
ümbertöötamist. Tõhusam turujärelevalve ja selgemad normid ettevõtjatele kogu tarneahelas peavad
aitavad kõrvaldada siseturul ehitustoodete vaba liikumise takistused. Muudatuste eesmärgiks on
vähendada VKE-de halduskoormust, võttes kasutusele kaasaegsed digilahendused, sealhulgas
ehitustoodete andmebaas ja digitaalne tootepass.
Uue regulatsiooni kehtestamise menetluse raames ootab Euroopa Komisjon turuosalistelt sisendit, mis
aitaks komisjonil vajadusel muuta ning täiendavalt analüüsida vastava eelnõu täpsemaid sätteid ning
Eesti riigil kujundada seisukohad eelnõu osas.
Kahjuks meil hetkel eestikeelseid dokumente pole teile võimalik saata, anname teile märku kui need on
avaldatud Euroopa Komisjoni poolt. Saadame teile info, et saaksite juba varakult hakata materjalidega
tutvuma. Ametlik sisendikorje toimub varsti ka läbi Keskkonnaministeeriumi, kes on ringmajanduse
paketi raames endale ministeeriumite-ülese juhtrolli võtnud.
Palun vaadake kirjaga kaasas olevaid dokumente ja avaldage oma arvamust. Manusest leiate ka Eesti
seisukohad avaliku konsultatsiooni raames Euroopa Komisjonile antud tagasiside osas.
Palume kõigil turuosalistel esitada oma mõtted ja ettepanekud saata aadressile
[email protected].
Selleks, et jõuaksime läbida seisukohtade ametlikuks esitamiseks vajalikud Vabariigi Valitsuse ja Riigikogu
kooskõlastused, palume ettepanekud esitada mitte hiljem kui 13.05.2022.
Lugupidamisega
Ketli Lindus
Nõunik
EL ja rahvusvahelise koostöö osakond
www.mkm.ee | Suur-Ameerika 1, Tallinn 10122
Majandus- ja Kommunikatsiooniministeerium
SELETUSKIRI Eesti seisukohad Euroopa Komisjoni a valik ule konsultatsioon ile „ Ehitustooted – ELi eeskirjade läbivaatamine “ Ülevaade ja eesmärk 2019. aasta lõpus esitas Euroopa K omisjon (edaspidi komisjon) teatise Euroopa roheline kokkulepe , milles on määratletud Euroopa Liidu (edaspidi EL) eesmärk saavutada ressursitõhusa ja konkurentsivõimelise majandusega Euroopa ühiskond, kus aastaks 2050 on saavutatud kliimaneutraalsus ja ressursside jätkusuutlik kasutus ning tagatud piisav majanduskasv. Ehitustoodete määruse (edaspidi CPR) läbivaatus on üks Euroopa rohelise kokkuleppe alla kuuluvatest algatustest. See peaks tagama, et uute ja renoveeritud hoonete projekteerimise kõik etapid vastavad ringmajanduse vajadustele, ning suurendama hoonefondi digiteerimist ja vastupanuvõimet kliimamuutuste suhtes. Hetkel keht i v e hitustoodete määrus võeti vastu 2011. aastal ning jõustus 2013. aasta juulis. Määrusega asendati 198 8 . aastal vastu võetud ehitustoodete direktiiv , mille sätteid peeti ebaefektiivseks turutõrgete kõrvaldamisel. CPR - is on sätestatud kogu ELis kehtivad ehitustoodete turule laskmise või turul kättesaadavaks tegemise tingimused, ühine tehniline keel ehitustoodete toimi vuse väljendamiseks ja hindamiseks ning ühtsed tingimused ehitustoodetel CE-märgise kasutamiseks . Kui tootja otsustab e hitustoote turule last a ja se e toode on kaetud harmoneeritud tootestandardi või Euroopa tehnilise hinnangu ga, peab tootja selle kohta koostama toimivusdeklaratsiooni . Need tooted, mille kohta puuduvad harmoneeritud tootestandardid või Euroopa tehnilised hinnangud, jäävad siseriiklike normide poolt kaetuks. Toimivusdeklaratsioonis esitatakse teave ehitustoote toimivuse kohta – see on standarddokument, mis peab sisaldama ei rohkem ega vähem kui toote eelmääratletud omadusi. CE-märgis näitab, et ehitustoode vastab deklareeritud toimivusele ja et seda on hinnatud Euroopa standardi kohaselt või tootele on väljastatud Euroopa tehniline hinnang. Toimivusdeklaratsioon on tihedalt seotud CE-märgisega. Kõik ehitustooted, mille puhul tuleb koostada toimivusdeklaratsioon, tuleb varustada ka CE-märgisega. CE-märgis võimaldab ühtlustatud standardi põhjal katsetatud ja hinnatud ehitustoote kõigis EL liikmesriikides seaduslikult turule lasta ja sellega ühtsel turul kaubelda. Määruse üldeesmärgiks ongi parandada EL ühtse turu toimimist ning võimaldada ehitustoodete vaba liikumist ELis. CPR - i läbivaatamise käigus vaadatakse määrusega kehtestatud eeskirjad läbi , võttes muuhulgas arvesse ka komisjoni poolt 2019. aasta l läbi viidud hindamise käigus väljaselgitatud probleeme, eesmärgiga p aranda da ehitustoodete ühtse turu toimimist. Hindamise käigus tuvastati mitmed süsteemsed väljakutsed , näiteks harmoneeritu d standardite ebapiisav kvaliteet ning jätkuv riiklike märgiste olemasolu koos eba tõhusa ja ebaühtlase turujärelevalvega. Samuti tuuakse hindamise lõpparuandes välja vajadus parandada e bakõlasid ja kattuvusi teiste EL õigusaktidega , selgitada CE-märgise tähendust ehitustoodetele ning käsitleda teabe kordamist CE-märgise ja toimivusdeklaratsiooni vahel. Leiti ka, et üleüldine protsess – komisjoni standardiseerimisetaotlus, millele järgneb Euroopa standardiorganisatsioonide poolt standardite välja töötamine ja pärast seda delegeeritud aktid – on liiga aeglane . Probleemina toodi ka välja, et CPR ei käsitle piisavalt keskkonnaalaseid ja turvalisusega seotud aspekte ning inn ovatsiooni. Käesoleva avaliku konsultatsiooniga soovib komisjon koguda arvamusi ehitustoodete määruse võimaliku läbivaatamise kohta, et teha kindlaks lähteolukord, hinnata eelnevalt välja toodud viit poliitika variant i ja leida edasiliikumiseks kõige sobivam viis. Komisjon plaanib ehitustoodete määruse muutmise ettepaneku avaldada 202 1 . aasta kolmandas kvartalis. Avalik konsultatsioon on kättesaadav leheküljelt https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12458-Review-of-the-Construction-Products-Regulation/public-consultation (vastamise tähtaeg 25.12.2020). Täpsed vastused avaliku konsultatsiooni küsimustele on lisatud seletuskirjale eraldi failina (Lisa 1). Koostajad Seletuskirja koostasid Majandus- ja Kommunikatsiooniministeeriumi ehitus- ja elamuosakonna juhataja Ivo Jaanisoo (
[email protected] ), ehitustegevuse valdkonnajuht Teet Kukk (
[email protected] ) ning EL ja rahvusvahelise koostöö osakonna nõunik Kadi Avingo (
[email protected] ). Valdkonna eest vastutab Majandus- ja Kommunikatsiooniministeeriumi e hituse asekantsler Jüri Rass (
[email protected] ). Avalikule konsultatsioonile vastamise üldpõhimõtted K üsimustikule vastamisel lähtume järgmistest Eesti seisukohtadest : Eesti seisukohad Euroopa Komisjoni teatise „Uus ringmajanduse tegevuskava puhtama ja konkurentsivõimelisema Euroopa nimel“ kohta ( heaks kiidetud Vabariigi Valitsuse 18. juuni 20 20 . a istungil ja kinnitatud 16. juulil 2020. a Euroopa Liidu asjade komisjoni istungil); Eesti seisukohad Euroopa Komisjoni teatise „Euroopa roheline kokkulepe“ ja „Euroopa kliimaseadus“ kohta ( heaks kiidetud Vabariigi Valitsuse 4. juuni 20 20 . a istungil ja kinnitatud 1 9 . juunil 20 20. a Euroopa Liidu asjade komisjoni istungil) . Eesti seisukohad ja nende põhjendused Eesti toetab ehitustoodete määruse läbivaatamist, et parandada Euroopa Liidu ühtse turu toimimist ning edendada ehitustoodete vaba liikumist Euroopa Liidus. Leiame, et määruse peamised põhimõtted, eelkõige ühtne tehniline keel ning ehitustoodete toimivuse hindamine, tuleb säilitada ning uute seadusandlike muudatuste asemel tuleks pigem selgitada määrusest tulenevaid nõudeid ja eeskirju ja tõhustada nende rakendamist . Selgitus : Leiame, et CPR - is sätestatud põhiprintsiibid on jätkuval t asjakohased, kuid nende rakendamine vaja b selgita mist ning ühtlustamist , mitte määruses sätestatud ehitustoodete toimivuse hindamise põhiprintsiipide muutmist. Ehitustoodete valdkonnas ühtlustatud standardite kasutamine määrab kindlaks nn ühtse tehnilise keele, mille põhjal saavad tootjad tõendada toodete vastavust standardist tulenevatele nõuetele, mis kajastub toimivusdeklaratsioonil ning CE-märgisel. Teisest küljest saavad ehitustoodete kasutajad tugineda siseriiklike nõuete täitmisel tootele väljastatud CE-märgisele ning puudub vajadus täiendavaid katseid või tõendamisi läbi viia. CPR kehtestab põhimõtte, et kui vastavas valdkonnas on harmoneeritud standard, siis on lubatud turule tuua ehitustooteid, mille toimivust on hinnatud vastava standardi alusel ning vähe m al t ühe toote põhiomaduse kohta on koostatud toimivusdeklaratsioon ning tootele kinnitatud CE - märgis. Ehitustoodete üht s e d eeskirjad on oluliseks eelduseks kaupade vaba liikumise toimimiseks ehitustoodete valdkonnas. Määruses sätestatud ühtse tehnilise keele kasutamine võimaldab paindlikult arvestada tehnoloogia ja teaduse arengutega ning seeläbi pakkuda turunõudlusele vastavaid ehitustooteid. Õigusruumi stabiilsus on eelduseks ka innovatsioonile, sh digiinnovatsioonile. CPR- i s sätestatud p õhiprintsiipide muutmise korral kaob aastateks õiguslik stabiilsus ja seega takistab see digitaliseerimise investeeringuid sektori digihüppele kõige sobivamal ajal. Samuti vajavad v äike-ja keskmise suurusega ettevõtted rohkem juhendmaterjale ja kindlust, et olemasolev süsteem on järjepidev, sest uute regulatsioonide ja nõuete kehtestamine takistab olemasolevate ja uute innovatiivsete ehitustoodete turule toomist. CPR määruses on sätesatud mitmeid olulisi põhimõtteid, nagu menetluse lihtsustamine, Euroopa hindamisdokumentide põhjal uute standardite koostamine, väike - ja keskmise suurusega ettevõtete halduskoormuse vähendamine ning keskkonnadeklaratsioonide koostamine, mille tõhus rakendamine parandaks oluliselt määruse toimivust ning looks soodsad tingimused sektori arenguks. Komisjonil on antud pädevus kehtestada toimivustasemed või klassid ning CPR lisas 1 nimetatud ehitistele esitatavad põhinõuded. Kahetsusväärselt ei ole CPR -i kehtivuse aja kestel kokku lepitud ja kehtestatud lisa 1 punktis 3 sätestatud põhinõuded (hügieen, tervis ja keskkond). Nimetatud põhinõuete kehtestamine ei vaja CPR muutmist, volitused nõuete sätestamise ks tulenevad kehtivast õigusest. Leiame, et olemasolev standarditel põhinev ehitustoodete nõuete määramine ja toote nõuetele vastavuse tõendamine tuleb säilitada, kuna see on märksa paindlikum ning kiirem viis muutuvatele turuvajadustele reageerimiseks , sh innovatiivsete lahenduste kasutuselevõtmise võimaldamiseks. Oluline on tõhustada standardite kaasajastamise ja uute standardite välja töötamise protsessi ning ühtlustada standardite kehtivus Euroopa Komisjoni ja Euroopa standardiorganisatsioonide andmebaasides . Selgitus : Ehitustoodetele tehniliste nõuete kehtestamine E Li õigusaktiga oleks naasmine vana ehitustoodete direktiivi lähenemise juurde, mille puhul on tõdetud , et see praktikas ei tööta ning lõpeb ülereguleerimisega. Siseturu toimimiseks on harmoneeritud standardite kohaldamisel määrav roll. Euroopa ühiste standardite olemasolu takistab liikmesriikidel oma standardite ja nõuete väljatöötamist ja võimaldab CE-märgisega ehitustooteid turustada kõikides liikmesriikides. Kehtiv ehitustoodete määrus lähtub põhimõttest, et standardid töötatakse välja komisjoni poolt antud tellimuse ( direktiivis mandaat) alusel ning peavad enne ametlikes väljaannetes (Euroopa Liidu Teataja) avaldamist olema komisjoni poolt heakskiidetud. Euroopa standardite koostamist korraldavad valdavalt Euroopa Standardikomitee (CEN) ja Euroopa Elektrotehnika Standardikomitee (CENELEC) ning standardite koostamisel osalevad liikmesriikide standardiorganisatsioonid, mis moodustavad tehnilised komiteed, kuhu on kaasatud valdkonna tunnustatud eksperte. Ehitustoodete valdkonnas on aga uute standardite väljatöötamine takerdunud, mis on vähendanud EL ehitustoodete turu efektiivsust ja takistab siseturu sujuvat toimimist. Kehtivad standardid on koostatud valdavalt ehitustoodete direktiivi alusel antud mandaadi kohaselt ning ei pruugi enam vastata kaasaja nõuetele. Harmoneeritud standardite uuendatud versioonid on standardiorganisatsioonide poolt välja töötatud, kuid komisjon ei ole mitmeid uusi või täiendatud standardeid heaks kiitnud ja Euroopa Liidu Teatajas avaldanud. Seega standardite kaasajastamine ja uute standardite väljatöötamine ja rakendamine on takerdunud komisjoni ja standardiorganisatsioonide vaheliste vastuolude tõttu. Alternatiivina harmoneeritud standarditel põhineva ehitustoodete toimivuse hindamise meetodile on ehitustoodete toimivust võimalik tõendada Euroopa Tehniliste Hindamisasutuste Organisatsiooni poolt välja töötatud Euroopa hindamisdokumentide alusel. Tehnilise hindamise asutustel on õigus väljastada Euroopa hindamisdokumentide alusel Euroopa tehnilisi hinnanguid (ETA). Tegemist on ettevõtetele väga kuluka võimalusega oma toodete toimivuse tõendamiseks, mis tähendab, et väike- ja keskmise suurusega ettevõtted ei pruugi omada võimekust hindamist läbida ja seetõttu peaksid olulisemad valdkonnad olema kaetud harmoneeritud standarditega. Ehitustoodetega tegelevate ettevõtete jaoks on suureks probleemiks standardite väljatöötamise venimine, standardite harmoneerimine ja k omisjoni poolt ametlikus väljaandes avaldamine. Samuti on probleemiks erinevad standardite kehtivusperiood id , mis määratud k omisjon i ja standardiorganisatsiooni poolt. Selguse huvides peaks standardite kehtivus komisjoni ja standardiorganisatsiooni de andmebaasides olema ühtlustatud. Esialgse CE-märgise väljastamise võimaldamine ei muuda olukorda paremaks, sest tekib ebaselgust toimivusdekl ar atsiooni koostamisel arvestatavate standardite kehtivuses ja nõuete asjakohasuses. Eelistatud oleks standardite väljatöötamise taotluste kiirem ja sisulisem menetlemine ja koostatud standardite harmoneerimine ja avaldamine. harmoneeritud standardite väljatöötamise aluseks on komisjoni poolne standardi väljatöötamise tellimuse esitamine. Valdav enamus standardeid on aga välja töötatud CPR- le eelnenud direktiivis ette nähtud mandaadi alusel. Harmoneeritud standardite väljatöötamise kiirendamiseks tuleb hinnata, kas on vajalik teha muudatusi Komisjoni töökorralduses. 4.3. Toetame loodusvarade säästva kasutuse ja ringmajanduse põhimõtete ga arvestamist ehitustoodete toimivuse ja keskkonnamõju hindamisel ning e hitustoodete turule laskmise l . Oluline on tagada , et täiendavad nõuded ehitustoodete määruses ei kahjustaks ettevõtete vahelist konkurentsi ühtsel turul ega E uroopa Liidu ehitustoodete ülemaailmse t konkurentsi võimet , tugineksid põhjalikul mõjuanalüüsil ning ei suurendaks oluliselt avaliku- ega erasektori halduskoormust ja –kulu. Selgitus : CPR ei sisalda ehitustoote keskkonna aspektide hindamise ja sellest teavitamise ühtlustatud meetodit ega ka konkreetseid eeskirju ehitustoodete kohta, mida on kasutatud või ümbertöödeldud (st mingil viisil muudetud, nt toodete puhastamise, kahjustatud o sade äralõikamise või uue katte pealekandmise teel ). Võttes arvesse ELi ambitsioonikaid keskkonna - ja ringmajanduse eesmärke , on oluline analüüsida ja käsitleda ehitustoodete kestlikkuse küsimusi ning nende keskkonnajalajälge . Leiame, et võimalike meetmete arendamise käigus tuleb põhjalikult analüüsida ehitustoodete valmistamisega kaasnevat keskkonnamõju ning hinnata ehituses kasutatud materjalide ringmajanduse võimalusi. Oluline on suurendada ehitusmaterjalide taaskasutust. Ringmajanduses on mõistlik kasutada neid ehitustooteid, mille pikaajalised omadused on teada ja mille omadusi on võimalik tõendada vastava tootestandardi alusel. S elleks oleks vaja vastavasisuliste tooterühmade põhiste standardite väljatöötamise kiirendamist. Ehitamisel ja renoveerimisel tuleb eelistada keskkonnasõbralikke ning minimaalse kliimamõjuga materjale ja praktikaid, näiteks kasutada kohalikku ja taastuvat ressursi. Täiendavate nõuete kaalumisel on oluline analüüsida põhjalikult võimaliku meetme mõjusid, sh on o luline , et mõjude hindamisel võetaks arvesse liikmesriikide halduskorralduste eripärasid ja et avaliku sektori ega erasektori jaoks ei suureneks oluliselt halduskoormus ning -kulu. Komisjoni hinnangul on ehitustoodete valmistamisega kaasneva keskkonnamõju hindamine jõukohane üksnes vähestele teadusasutustele. ELi ühtse turu toimimiseks tuleb tagada, et ehitustoote keskkonnamõjude hindamine ja ehitustoo de te keskkonnadeklaratsioonide koostamine on võrdsetel alustel kättesaadav kõikidele liikmesriikide ettevõtetele, olenemata nende asukohast. Arvamuse saamine Käesolevale konsultatsioonile vastamiseks küsiti sisendit Keskkonnaministeeriumilt , Sisem inisteeriumilt, Tarbijakaitse ja Tehnilise Järelevalve Amet ilt, Eesti Ehitusmaterjalide Tootjate Lii dult, Eest i Ehitusettevõtjate Lii dult, Eesti Puitmajalii dult, Ee sti Ehituskonsultatsiooniettevõtete Lii dult, Eesti Arhitektide Liidult, Eesti Ehitusinseneride Lii dult, Eesti Kaubandus-Tööstuskojalt, Tööandjate Keskliidult ning Eesti Väike- ja Keskmiste Ettevõtjate Assotsiatsioon ilt. Saabunud sisendid ja nendega arvestamine on välja toodud kaasamise tabelis (Lisa 2) . Suuliselt konsulteeriti ka Tarbijakaitse ja Tehnilise Järelevalve Ameti ga .