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Construction products are subject to the rules on the free movement of goods in the European Union (EU) and the rules relating to the safety of buildings, health, durability, energy economy and the protection of the environment. This Regulation aims at simplifying the legal framework applicable to construction products.
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 (Text with EEA relevance).
This Regulation sets out the conditions for the marketing of construction products *. It also defines criteria for assessing the performance * of such products, and the conditions of use for CE marking.
Declaration of performance and CE marking
Where a manufacturer decides to place a construction product on the market and that product is covered by a harmonised standard, it must complete a declaration of performance which contains, in particular, the following information:
- the product reference;
- the systems of assessment and verification of constancy of performance of the product;
- the intended use or uses for the product;
- declared performance.
Once the declaration of performance has been drawn up, the manufacturer must affix CE marking to the product.
Member States are to designate Product Contact Points for Construction pursuant to Regulation (EC) No 764/2008. These Contact Points have the task of providing information on the requirements for construction products and avoiding conflicts of interest.
Obligations of economic operators
Certain obligations are imposed upon economic operators:
- Obligations of manufacturers: they must provide the declaration of performance and technical documentation, and affix CE marking to the product. They must also ensure that their construction products bear a type number to facilitate identification. Furthermore, manufacturers must withdraw their products from the market if they consider that they are not in conformity with the declaration of performance, or change the declaration.
- Obligations of importers: they must check that technical documentation accompanies the product and that it bears CE marking. They must indicate their name, registered trade name or registered trade mark, and their contact address. They must ensure that the product is accompanied by instructions and safety information and that transport has not jeopardised performance.
- Obligations of distributors: they must ensure that the product bears CE marking and that it is accompanied by the documents described above. If they consider that the product is not compliant, they must not place it on the market. They must ensure that the product is stored in optimal conditions so as not to jeopardise performance.
Harmonised technical specifications
Harmonised technical specifications include harmonised standards. These shall be drawn up by European standardisation bodies pursuant to Directive 98/34/EC. Harmonised standards serve the purpose of defining methods and assessment criteria for construction product performance. They refer to an intended use for the products covered by the standard and include the technical details necessary for the implementation of the system of assessment and verification of the constancy of performance. References to harmonised standards are published in the Official Journal of the European Union.
If a product is not covered by a harmonised standard, manufacturers may request European Technical Assessments in order to obtain European Assessment Documents issued by Technical Assessment Bodies (TABs).
Technical Assessment Bodies (TABs)
Member States shall designate one or more TABs on their territory, for one or more product areas. The list of TABs shall be communicated to the European Commission which will then publish it.
TABs shall carry out the European Technical Assessment in the product area for which they have been designated.
Notifying authorities and notified bodies
Notified bodies perform tasks in the process of assessment and verification of constancy of performance of construction products, acting as a third party. They are independent bodies with legal personality.
Notifying authorities are put in place by Member States. They are responsible for setting up and carrying out the necessary procedures for the assessment and notification of notified bodies.
Market surveillance authorities, pursuant to Regulation (EC) No 765/2008, must assess the product to determine whether it should be withdrawn from the market.
This Regulation repeals Directive 89/106/EEC.
|Act||Entry into force||Deadline for transposition in the Member States||Official Journal|
Regulation (EU) No 305/2011
OJ L 88, 4.4.2011
- Directorate-General Enterprise and Industry, Construction products