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Document 02011R0305-20210716
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)Text with EEA relevance
Consolidated text: 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)Text with EEA relevance
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)Text with EEA relevance
02011R0305 — EN — 16.07.2021 — 002.001
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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 088 4.4.2011, p. 5) |
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COMMISSION DELEGATED REGULATION (EU) No 568/2014 of 18 February 2014 |
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COMMISSION DELEGATED REGULATION (EU) No 574/2014 of 21 February 2014 |
L 159 |
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REGULATION (EU) 2019/1020 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 June 2019 |
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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)
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter
This Regulation lays down conditions for the placing or making available on the market of construction products by establishing harmonised rules on how to express the performance of construction products in relation to their essential characteristics and on the use of CE marking on those products.
Article 2
Definitions
For the purposes of this Regulation the following definitions shall apply:
‘construction product’ means any product or kit which is produced and placed on the market for incorporation in a permanent manner in construction works or parts thereof and the performance of which has an effect on the performance of the construction works with respect to the basic requirements for construction works;
‘kit’ means a construction product placed on the market by a single manufacturer as a set of at least two separate components that need to be put together to be incorporated in the construction works;
‘construction works’ means buildings and civil engineering works;
‘essential characteristics’ means those characteristics of the construction product which relate to the basic requirements for construction works;
‘performance of a construction product’ means the performance related to the relevant essential characteristics, expressed by level or class, or in a description;
‘level’ means the result of the assessment of the performance of a construction product in relation to its essential characteristics, expressed as a numerical value;
‘class’ means a range of levels, delimited by a minimum and a maximum value, of performance of a construction product;
‘threshold level’ means a minimum or maximum performance level of an essential characteristic of a construction product;
‘product-type’ means the set of representative performance levels or classes of a construction product, in relation to its essential characteristics, produced using a given combination of raw materials or other elements in a specific production process;
‘harmonised technical specifications’ means harmonised standards and European Assessment Documents;
‘harmonised standard’ means a standard adopted by one of the European standardisation bodies listed in Annex I to Directive 98/34/EC, on the basis of a request issued by the Commission, in accordance with Article 6 of that Directive;
‘European Assessment Document’ means a document adopted by the organisation of TABs for the purposes of issuing European Technical Assessments;
‘European Technical Assessment’ means the documented assessment of the performance of a construction product, in relation to its essential characteristics, in accordance with the respective European Assessment Document;
‘intended use’ means the intended use of the construction product as defined in the applicable harmonised technical specification;
‘Specific Technical Documentation’ means documentation demonstrating that methods within the applicable system for assessment and verification of constancy of performance have been replaced by other methods, provided that the results obtained by those other methods are equivalent to the results obtained by the test methods of the corresponding harmonised standard;
‘making available on the market’ means any supply of a construction 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;
‘placing on the market’ means the first making available of a construction product on the Union market;
‘economic operator’ means the manufacturer, importer, distributor or authorised representative;
‘manufacturer’ means any natural or legal person who manufactures a construction product or who has such a product designed or manufactured, and markets that product under his name or trademark;
‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a construction product available on the market;
‘importer’ means any natural or legal person established within the Union, who places a construction product from a third country on the Union market;
‘authorised representative’ means any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on his behalf in relation to specified tasks;
‘withdrawal’ means any measure aimed at preventing a construction product in the supply chain from being made available on the market;
‘recall’ means any measure aimed at achieving the return of a construction product that has already been made available to the end-user;
‘accreditation’ has the meaning assigned to it by Regulation (EC) No 765/2008;
‘factory production control’ means the documented, permanent and internal control of production in a factory, in accordance with the relevant harmonised technical specifications;
‘micro-enterprise’ means a micro-enterprise as defined in the Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises ( 1 );
‘life cycle’ means the consecutive and interlinked stages of a construction product’s life, from raw material acquisition or generation from natural resources to final disposal.
Article 3
Basic requirements for construction works and essential characteristics of construction products
Where appropriate, the Commission shall also determine, by means of delegated acts in accordance with Article 60, the threshold levels for the performance in relation to the essential characteristics to be declared.
CHAPTER II
DECLARATION OF PERFORMANCE AND CE MARKING
Article 4
Declaration of performance
Article 5
Derogations from drawing up a declaration of performance
By way of derogation from Article 4(1) and in the absence of Union or national provisions requiring the declaration of essential characteristics where the construction products are intended to be used, a manufacturer may refrain from drawing up a declaration of performance when placing a construction product covered by a harmonised standard on the market where:
the construction product is 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 responsible for the safe incorporation of the product into the construction works, in compliance with the applicable national rules and under the responsibility of those responsible for the safe execution of the construction works designated under the applicable national rules;
the construction product is manufactured on the construction site for its incorporation in the respective construction works in compliance with the applicable national rules and under the responsibility of those responsible for the safe execution of the construction works designated under the applicable national rules; or
the construction product is manufactured in a traditional manner or in a manner appropriate to heritage conservation and in a non-industrial process for adequately renovating construction works officially protected as part of a designated environment or because of their special architectural or historic merit, in compliance with the applicable national rules.
Article 6
Content of the declaration of performance
The declaration of performance shall contain, in particular, the following information:
the reference of the product-type for which the declaration of performance has been drawn up;
the system or systems of assessment and verification of constancy of performance of the construction product, as set out in Annex V;
the reference number and date of issue of the harmonised standard or the European Technical Assessment which has been used for the assessment of each essential characteristic;
where applicable, the reference number of the Specific Technical Documentation used and the requirements with which the manufacturer claims the product complies.
The declaration of performance shall in addition contain:
the intended use or uses for the construction product, in accordance with the applicable harmonised technical specification;
the list of essential characteristics, as determined in the harmonised technical specification for the declared intended use or uses;
the performance of at least one of the essential characteristics of the construction product, relevant for the declared intended use or uses;
where applicable, the performance of the construction product, by levels or classes, or in a description, if necessary based on a calculation in relation to its essential characteristics determined in accordance with Article 3(3);
the performance of those essential characteristics of the construction product which are related to the intended use or uses, taking into consideration the provisions in relation to the intended use or uses where the manufacturer intends the product to be made available on the market;
for the listed essential characteristics for which no performance is declared, the letters ‘NPD’ (No Performance Determined);
when a European Technical Assessment has been issued for that product, the performance, by levels or classes, or in a description, of the construction product in relation to all essential characteristics contained in the corresponding European Technical Assessment.
Article 7
Supply of the declaration of performance
However, where a batch of the same product is supplied to a single user, it may be accompanied by a single copy of the declaration of performance either in paper form or by electronic means.
Article 8
General principles and use of CE marking
If a declaration of performance has not been drawn up by the manufacturer in accordance with Articles 4 and 6, the CE marking shall not be affixed.
By affixing or having affixed the CE marking, manufacturers indicate that they take responsibility for the conformity of the construction product with the declared performance as well as the compliance with all applicable requirements laid down in this Regulation and in other relevant Union harmonisation legislation providing for its affixing.
The rules for affixing the CE marking provided for in other relevant Union harmonisation legislation shall apply without prejudice to this paragraph.
In this respect, Member States shall not introduce any references or shall withdraw any references in national measures to a marking attesting conformity with the declared performance in relation to the essential characteristics covered by a harmonised standard other than the CE marking.
Article 9
Rules and conditions for the affixing of CE marking
Article 10
Product Contact Points for Construction
CHAPTER III
OBLIGATIONS OF ECONOMIC OPERATORS
Article 11
Obligations of manufacturers
Manufacturers shall, as the basis for the declaration of performance, draw up technical documentation describing all the relevant elements related to the required system of assessment and verification of constancy of performance.
Where appropriate, the Commission may, by means of delegated acts in accordance with Article 60, amend that period for families of construction products on the basis of the expected life or part played by the construction product in the construction works.
Manufacturers shall, where deemed appropriate with regard to ensuring the accuracy, reliability and stability of the declared performance of a construction product, carry out sample testing of construction products placed or made available on the market, investigate, and, if necessary, keep a register of complaints, of non-conforming products and of product recalls, and keep distributors informed of any such monitoring.
Article 12
Authorised representatives
The drawing up of technical documentation shall not form part of the authorised representative’s mandate.
An 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:
keep the declaration of performance and the technical documentation at the disposal of national surveillance authorities for the period referred to in Article 11(2);
further to a reasoned request from a competent national authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of the construction product with the declaration of performance and compliance with other applicable requirements in this Regulation;
cooperate with the competent national authorities, at their request, on any action taken to eliminate the risks posed by construction products covered by the mandate of the authorised representative.
Article 13
Obligations of importers
Where an importer considers or has reason to believe that the construction 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 construction 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 construction product presents a risk, the importer shall inform the manufacturer and the market surveillance authorities thereof.
Article 14
Obligations of distributors
Where a distributor considers or has reason to believe that a construction product is not in conformity with the declaration of performance or not in compliance with other applicable requirements in this Regulation, the distributor shall not make the product available 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 distributor shall inform the manufacturer or the importer thereof, and the market surveillance authorities.
Article 15
Cases in which obligations of manufacturers apply to importers and distributors
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 Article 11, where he places a product on the market under his name or trademark or modifies a construction product already placed on the market in such a way that conformity with the declaration of performance may be affected.
Article 16
Identification of economic operators
For the period referred to in Article 11(2), economic operators shall, on request, identify the following to market surveillance authorities:
any economic operator who has supplied them with a product;
any economic operator to whom they have supplied a product.
CHAPTER IV
HARMONISED TECHNICAL SPECIFICATIONS
Article 17
Harmonised standards
When provided for in the relevant mandate, a harmonised standard shall refer to an intended use of products to be covered by it.
Harmonised 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 construction products in relation to their essential characteristics.
The harmonised standard shall include technical details necessary for the implementation of the system of assessment and verification of constancy of performance.
The Commission shall publish in the Official Journal of the European Union the list of references of harmonised standards which are in conformity with the relevant mandates.
The following shall be indicated for each harmonised standard in the list:
references of superseded harmonised technical specifications, if any;
date of the beginning of the coexistence period;
date of the end of the coexistence period.
The Commission shall publish any updates to that list.
From the date of the beginning of the coexistence period it shall be possible to use a harmonised standard to make a declaration of performance for a construction product covered by it. National standardisation bodies are under the obligation to transpose the harmonised standards in conformity with Directive 98/34/EC.
Without prejudice to Articles 36 to 38, from the date of the end of the coexistence period, the harmonised standard shall be the only means used for drawing up a declaration of performance for a construction product covered by it.
At the end of the coexistence period, conflicting national standards shall be withdrawn and Member States shall terminate the validity of all conflicting national provisions.
Article 18
Formal objection against harmonised standards
Article 19
European Assessment Document
Following a request for a European Technical Assessment by a manufacturer, a European Assessment Document shall be drawn up and adopted by the organisation of TABs for any construction product not covered or not fully covered by a harmonised standard, for which the performance in relation to its essential characteristics cannot be entirely assessed according to an existing harmonised standard, because, inter alia:
the product does not fall within the scope of any existing harmonised standard;
for at least one essential characteristic of that product, the assessment method provided for in the harmonised standard is not appropriate; or
the harmonised standard does not provide for any assessment method in relation to at least one essential characteristic of that product.
Article 20
Principles for the development and adoption of European Assessment Documents
The procedure for developing and adopting European Assessment Documents shall:
be transparent to the manufacturer concerned;
define appropriate mandatory time limits in order to avoid unjustified delay;
take appropriately into account the protection of commercial secrecy and confidentiality;
allow for adequate participation by the Commission;
be cost-effective for the manufacturer; and
ensure sufficient collegiality and coordination amongst TABs designated for the product in question.
Article 21
Obligations of the TAB receiving a request for a European Technical Assessment
The TAB receiving a request for a European Technical Assessment shall inform the manufacturer if the construction product is covered, fully or partially, by a harmonised technical specification as follows:
where the product is fully covered by a harmonised standard, the TAB shall inform the manufacturer that, in accordance with Article 19(1), a European Technical Assessment cannot be issued;
where the product is fully covered by a European Assessment Document, the TAB shall inform the manufacturer that such a document will be used as the basis for the European Technical Assessment to be issued;
where the product is not covered, or not fully covered, by any harmonised technical specification, the TAB shall apply the procedures set out in Annex II or those established in accordance with Article 19(3).
Article 22
Publication
European Assessment Documents adopted by the organisation of TABs shall be sent to the Commission, which shall publish a list of references of the final European Assessment Documents in the Official Journal of the European Union.
The Commission shall publish any updates to that list.
Article 23
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.
Article 24
Content of the European Assessment Document
Article 25
Formal objections against European Assessment Documents
Article 26
European Technical Assessment
Provided that there is a European Assessment Document, a European Technical Assessment may be issued even in the case where a mandate for a harmonised standard has been issued. Such issuing shall be possible until the beginning of the coexistence period as determined by the Commission in accordance with Article 17(5).
Article 27
Levels or classes of performance
Where classes of performance in relation to the essential characteristics of construction products are not established by the Commission, they may be established by the European standardisation bodies in harmonised standards, on the basis of a revised mandate.
When deemed appropriate, the organisation of TABs may, with the agreement of the Commission and after consulting the Standing Committee on Construction, establish in the European Assessment Document classes of performance and threshold levels in relation to the essential characteristics of a construction product within its intended use as foreseen by the manufacturer.
Where such conditions are not established by the Commission, they may be established by the European standardisation bodies in harmonised standards, on the basis of a revised mandate.
Article 28
Assessment and verification of constancy of performance
The Commission shall choose the least onerous system or systems consistent with the fulfilment of all basic requirements for construction works.
CHAPTER V
TECHNICAL ASSESSMENT BODIES
Article 29
Designation, monitoring and evaluation of TABs
Member States which have designated a TAB shall communicate to the other Member States and the Commission its name and address and the product areas for which that TAB is designated.
The Commission shall make any updates to that list publicly available.
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.
Article 30
Requirements for TABs
The TAB shall satisfy the requirements set out in Table 2 of Annex IV within the scope of its designation.
Article 31
Coordination of TABs
The organisation of TABs shall at least carry out the following tasks:
organise the coordination of the TABs and, if necessary, ensure cooperation and consultation with other stakeholders;
ensure that examples of best practice are shared between TABs to promote greater efficiency and provide a better service to industry;
coordinate the application of the procedures set out in Article 21 and in Annex II, as well as provide the support needed to that end;
develop and adopt European Assessment Documents;
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 21 and in Annex II and suggest improvements to the Commission based on experience gained;
communicate any observations concerning a TAB not fulfilling its tasks in accordance with the procedures set out in Article 21 and in Annex II to the Commission and the Member State which designated the TAB;
ensure that adopted European Assessment Documents and references to European Technical Assessments are kept publicly available.
The organisation of TABs shall have a Secretariat in order to carry out these tasks.
Article 32
Union financing
Article 33
Financing arrangements
Article 34
Management and monitoring
Article 35
Protection of the Union’s financial interests
CHAPTER VI
SIMPLIFIED PROCEDURES
Article 36
Use of Appropriate Technical Documentation
In determining the product-type, a manufacturer may replace type-testing or type-calculation by Appropriate Technical Documentation demonstrating that:
for one or several essential characteristics of the construction 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 in the relevant harmonised technical specification or a Commission decision;
the construction product, covered by a harmonised standard, which the manufacturer places on the market corresponds to the product-type of another construction product, manufactured by another manufacturer and already tested in accordance with the relevant harmonised standard. When these conditions are fulfilled, the manufacturer is entitled to declare performance corresponding to all or part of the test results of this other product. The manufacturer may use the test results obtained by another manufacturer only after having obtained an authorisation of that manufacturer, who remains responsible for the accuracy, reliability and stability of those test results; or
the construction product, covered by a harmonised technical specification, which the manufacturer places on the market is a system made of components, which the manufacturer assembles duly following precise instructions given by the provider of such a system or of a component thereof, who has already tested that system or that component for one or several of its essential characteristics in accordance with the relevant harmonised technical specification. When these conditions are fulfilled, the manufacturer is entitled to declare performance corresponding to all or part of the test results for the system or the component provided to him. The manufacturer may use the test results obtained by another manufacturer or system provider only after having obtained an authorisation of that manufacturer or system provider, who remains responsible for the accuracy, reliability and stability of those test results.
Article 37
Use of simplified procedures by micro-enterprises
Micro-enterprises manufacturing construction products covered by a harmonised standard may replace the determination of the product-type on the basis of type-testing for the applicable systems 3 and 4 as set out in Annex V by using methods differing from those contained in the applicable harmonised standard. Those manufacturers may also treat construction products to which system 3 applies in accordance with provisions for system 4. When a manufacturer uses these simplified procedures, the manufacturer shall demonstrate compliance of the construction product with the applicable requirements by means of a Specific Technical Documentation and shall demonstrate the equivalence of the procedures used to the procedures laid down in the harmonised standards.
Article 38
Other simplified procedures
CHAPTER VII
NOTIFYING AUTHORITIES AND NOTIFIED BODIES
Article 39
Notification
Member States shall notify the Commission and the other Member States of bodies authorised to carry out third-party tasks in the process of assessment and verification of constancy of performance under this Regulation (hereinafter referred to as ‘notified bodies’).
Article 40
Notifying authorities
Article 41
Requirements relating to notifying authorities
Article 42
Information obligation for Member States
Member States shall inform the Commission of their national procedures for the assessment and notification of bodies to be authorised to carry out third party tasks in the process of assessment and verification of constancy of performance and the monitoring of notified bodies, and of any changes thereto.
The Commission shall make that information publicly available.
Article 43
Requirements for notified bodies
A body belonging to a business association or professional federation representing undertakings involved in the design, manufacturing, provision, assembly, use or maintenance of construction products which it assesses, can on condition that its independence and the absence of any conflict of interest are demonstrated, be considered to be such a body.
A notified body, its top-level management and the personnel responsible for carrying out the third party tasks in the process of assessment and verification of constancy of performance shall not become directly involved in the design, manufacture or construction, marketing, installation, use or maintenance of those construction 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. This shall, in particular, apply to consultancy services.
A notified body shall ensure that activities of its subsidiaries or subcontractors do not affect the confidentiality, objectivity and impartiality of its assessment and/or verification activities.
At all times and for each system of assessment and verification of constancy of performance and for each kind or category of construction products, essential characteristics and tasks in relation to which it has been notified, the notified body shall have the following at its disposal:
the necessary personnel with technical knowledge and sufficient and appropriate experience to perform the third party tasks in the process of assessment and verification of constancy of performance;
the necessary description of procedures according to which the assessment of performance is carried out, ensuring the transparency and the ability of reproduction of these procedures; it shall have appropriate policies and procedures in place that distinguish between the tasks it carries out as a notified body and other activities;
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 is notified in an appropriate manner and shall have access to all necessary equipment or facilities.
The personnel responsible for carrying out the activities in relation to which the body has been notified, shall have the following:
sound technical and vocational training covering all the third party tasks in the process of assessment and verification of constancy of performance within the relevant scope for which the body has been notified;
satisfactory knowledge of the requirements of the assessments and verifications they carry out and adequate authority to carry out such operations;
appropriate knowledge and understanding of the applicable harmonised standards and of the relevant provisions of the Regulation;
the ability required to draw up the certificates, records and reports to demonstrate that the assessments and the verifications have been carried out.
The remuneration of the notified 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.
Article 44
Presumption of conformity
A notified body to be authorised to carry out third party tasks in the process of assessment and verification of constancy of performance 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 43 in so far as the applicable harmonised standards cover those requirements.
Article 45
Subsidiaries and subcontractors of notified bodies
Article 46
Use of facilities outside the testing laboratory of the notified body
Notified bodies carrying out such tests shall be specifically designated as competent to work away from their own accredited test facilities.
Before carrying out those tests, the notified body shall verify whether the requirements of the test method are satisfied and shall evaluate whether:
test equipment has an appropriate calibration system and the traceability of the measurements is guaranteed;
the quality of the test results is ensured.
Article 47
Application for notification
Article 48
Notification procedure
Exceptionally, for cases set out in point 3 of Annex V, for which the appropriate electronic tool is not available, a hard copy of the notification shall be accepted.
However, reference to the relevant harmonised technical specification is not required in the cases set out in point 3 of Annex V.
Only such a body shall be considered as a notified body for the purpose of this Regulation.
Article 49
Identification numbers and lists of notified bodies
It shall assign a single such number even where the body is notified under several Union acts.
The Commission shall ensure that this list is kept up-to-date.
Article 50
Changes to the notification
Article 51
Challenge of the competence of notified bodies
Article 52
Operational obligations for notified bodies
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.
Article 53
Information obligations for notified bodies
Notified bodies shall inform the notifying authority of the following:
any refusal, restriction, suspension or withdrawal of certificates;
any circumstances affecting the scope of, and conditions for, notification;
any request for information on assessment and/or verification of constancy of performance activities carried out which they have received from market surveillance authorities;
on request, third party tasks in accordance with the systems of assessment and verification of constancy of performance carried out within the scope of their notification and any other activity performed, including cross-border activities and subcontracting.
Article 54
Exchange of experience
The Commission shall provide for the organisation of exchange of experience between the Member States’ national authorities responsible for policy on notification.
Article 55
Coordination of notified bodies
The Commission shall ensure that appropriate coordination and cooperation between bodies notified pursuant to Article 39 are put into place and properly operated in the form of a group of notified bodies.
Member States shall ensure that the bodies notified by them participate in the work of that group, directly or by means of designated representatives, or shall ensure that the representatives of notified bodies are informed thereof.
CHAPTER VIII
MARKET SURVEILLANCE AND SAFEGUARD PROCEDURES
Article 56
Procedure to deal at national level with construction products presenting a risk
Where, in the course of that evaluation, the market surveillance authorities find that the construction product does not comply with the requirements laid down in this Regulation, they shall without delay require the relevant economic operator to take all appropriate corrective actions to bring the product into compliance with those requirements, notably with the declared performance, or to withdraw the product from the market, or recall it within a reasonable period, commensurate with the nature of the risk, as they may prescribe.
The market surveillance authorities shall inform the notified body accordingly, if a notified body is involved.
Article 21 of Regulation (EC) No 765/2008 shall apply to the measures referred to in the second subparagraph of this paragraph.
The market surveillance authorities shall inform the Commission and the other Member States, without delay, of those measures.
The information referred to in paragraph 4 shall include all available details, in particular the data necessary for the identification of the non-compliant construction product, the origin of the construction product, 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:
failure of the product 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;
shortcomings in the harmonised technical specifications or in the Specific Technical Documentation.
Article 57
Union safeguard procedure
The Commission shall address its decision to all Member States and shall immediately communicate it to them and to the relevant economic operator(s).
Where the national measure is considered to be justified and the non-compliance of the construction product is attributed to shortcomings in the European Assessment Document or in the Specific Technical Documentation as referred to in Article 56(5)(b), the Commission shall bring the matter before the Standing Committee on Construction and subsequently adopt the appropriate measures.
Article 58
Complying construction products which nevertheless present a risk to health and safety
Article 59
Formal non-compliance
Without prejudice to Article 56, where a Member State makes one of the following findings, it shall require the relevant economic operator to put an end to the non-compliance concerned:
the CE marking has been affixed in breach of Article 8 or 9;
the CE marking has not been affixed, when required, in accordance with Article 8(2);
without prejudice to Article 5, the declaration of performance has not been drawn up, when required, in accordance with Article 4;
the declaration of performance has not been drawn up in accordance with Articles 4, 6 and 7;
the technical documentation is either not available or not complete.
CHAPTER IX
FINAL PROVISIONS
Article 60
Delegated acts
For the purposes of achieving the objectives of this Regulation, in particular removing and avoiding restrictions on making construction products available on the market, the following matters shall be delegated to the Commission in accordance with Article 61, and subject to the conditions laid down in Articles 62 and 63:
the determination, where appropriate, of the essential characteristics or threshold levels within specific families of construction products, in relation to which, in accordance with Articles 3 to 6, the manufacturer shall declare, in relation to their intended use, by levels or classes, or in a description, the performance of the manufacturer’s product when it is placed on the market;
the conditions on which a declaration of performance may be electronically processed, in order to make it available on a web site in accordance with Article 7;
the amendment of the period for which the manufacturer shall keep the technical documentation and the declaration of performance after the construction product has been placed on the market, in accordance with Article 11, based on the expected life or the part played by the construction product in the construction works;
the amendment of Annex II and where necessary the adoption of supplementary procedural rules in accordance with Article 19(3) in order to ensure compliance with the principles in Article 20, or the application in practice of the procedures set out in Article 21;
the adaptation of Annex III, table 1 of Annex IV, and Annex V in response to technical progress;
the establishment and adaptation of classes of performance in response to technical progress in accordance with Article 27(1);
the conditions on which a construction product shall be deemed to satisfy a certain level or class of performance without testing or without further testing in accordance with Article 27(5), provided that the fulfilment of the basic requirements for construction works is not thereby jeopardised;
the adaptation, establishment and revision of the systems of assessment and verification of constancy of performance in accordance with Article 28, relating to a given product, a given product family or a given essential characteristic, and in accordance with:
the importance of the part played by the product or those essential characteristics with respect to the basic requirements for construction works;
the nature of the product;
the effect of the variability of the essential characteristics of the construction product during the expected life of the product; and
the susceptibility to defects in the product’s manufacture.
Article 61
Exercise of the delegation
Article 62
Revocation of the delegation
Article 63
Objections to delegated acts
At the initiative of the European Parliament or the Council, that period shall be extended by 3 months.
The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.
Article 64
Committee
Article 65
Repeal
Article 66
Transitional provisions
Article 67
Reporting by the Commission
If appropriate, the report shall, within 2 years of its submission to the European Parliament and to the Council, be followed up by appropriate legislative proposals.
Article 68
Entry into force
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
However, Articles 3 to 28, Articles 36 to 38, Articles 56 to 63, Articles 65 and 66, as well as Annexes I, II, III and V shall apply from 1 July 2013.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
BASIC REQUIREMENTS FOR CONSTRUCTION WORKS
Construction works as a whole and in their separate parts must be fit for their intended use, taking into account in particular the health and safety of persons involved throughout the life cycle of the works. Subject to normal maintenance, construction works must satisfy these basic requirements for construction works for an economically reasonable working life.
1. Mechanical resistance and stability
The construction works must be designed and built in such a way that the loadings that are liable to act on them during their constructions and use will not lead to any of the following:
collapse of the whole or part of the work;
major deformations to an inadmissible degree;
damage to other parts of the construction works or to fittings or installed equipment as a result of major deformation of the load-bearing construction;
damage by an event to an extent disproportionate to the original cause.
2. Safety in case of fire
The construction works must be designed and built in such a way that in the event of an outbreak of fire:
the load-bearing capacity of the construction can be assumed for a specific period of time;
the generation and spread of fire and smoke within the construction works are limited;
the spread of fire to neighbouring construction works is limited;
occupants can leave the construction works or be rescued by other means;
the safety of rescue teams is taken into consideration.
3. Hygiene, health and the environment
The construction works must be designed and built in such a way that they will, throughout their life cycle, not be a threat to the hygiene or health and safety of workers, occupants or neighbours, nor have an exceedingly high impact, over their entire life cycle, on the environmental quality or on the climate during their construction, use and demolition, in particular as a result of any of the following:
the giving-off of toxic gas;
the emissions of dangerous substances, volatile organic compounds (VOC), greenhouse gases or dangerous particles into indoor or outdoor air;
the emission of dangerous radiation;
the release of dangerous substances into ground water, marine waters, surface waters or soil;
the release of dangerous substances into drinking water or substances which have an otherwise negative impact on drinking water;
faulty discharge of waste water, emission of flue gases or faulty disposal of solid or liquid waste;
dampness in parts of the construction works or on surfaces within the construction works.
4. Safety and accessibility in use
The construction works must be designed and built in such a way that they do not present unacceptable risks of accidents or damage in service or in operation such as slipping, falling, collision, burns, electrocution, injury from explosion and burglaries. In particular, construction works must be designed and built taking into consideration accessibility and use for disabled persons.
5. Protection against noise
The construction works must be designed and built in such a way that noise perceived by the occupants or people nearby is kept to a level that will not threaten their health and will allow them to sleep, rest and work in satisfactory conditions.
6. Energy economy and heat retention
The construction works and their heating, cooling, lighting and ventilation installations must be designed and built in such a way that the amount of energy they require in use shall be low, when account is taken of the occupants and of the climatic conditions of the location. Construction works must also be energy-efficient, using as little energy as possible during their construction and dismantling.
7. Sustainable use of natural resources
The construction works must be designed, built and demolished in such a way that the use of natural resources is sustainable and in particular ensure the following:
reuse or recyclability of the construction works, their materials and parts after demolition;
durability of the construction works;
use of environmentally compatible raw and secondary materials in the construction works.
ANNEX II
PROCEDURE FOR ADOPTING A EUROPEAN ASSESSMENT DOCUMENT
1. Request for a European Technical Assessment
When a manufacturer makes a request for a European Technical Assessment to any TAB for a construction 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.
2. Contract
For construction products referred to in Article 21(1)(c), within 1 month from the reception of the technical file, a contract shall be concluded between the manufacturer and the responsible TAB for the production of the European Technical Assessment, defining the work programme for drawing up the European Assessment Document, including:
3. Work programme
After the conclusion of the contract with the manufacturer, the organisation of TABs shall inform the Commission of the work programme for drawing up the European Assessment Document, the schedule for its execution and indicating the assessment programme. This communication shall take place within 3 months of 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.
5. Commission Participation
A Commission representative may participate, as observer, to all the parts of the execution of the work programme.
6. Extension and delay
Any delay in relation to the time limits set in Sections 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 system of assessment and verification of constancy of performance for the construction product or by the need to develop a new test method, an extended time limit shall be set by the Commission.
7. Amendments and adoption of a European Assessment Document
The responsible TAB shall communicate the draft European Assessment Document to the manufacturer, who shall have 15 working days to react thereto. Thereafter, the organisation of TABs shall:
if applicable, inform the manufacturer as to how his reactions have been taken into account;
adopt the draft European Assessment Document; and
send a copy to the Commission.
If, within 15 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 to the manufacturer and to the Commission.
8. Final European Assessment Document to be published
As soon as the first European Technical Assessment is issued by the responsible TAB on the basis of the adopted European Assessment Document, that European Assessment Document shall be adjusted, if appropriate, based on experiences gained. 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 publication of its reference. The organisation of TABs shall keep the European Assessment Document available by electronic means as soon as the product has been CE-marked.
ANNEX III
DECLARATION OF PERFORMANCE
No
1. Unique identification code of the product-type:
2. Intended use/es:
3. Manufacturer:
4. Authorised representative:
5. System/s of AVCP:
6a. Harmonised standard:
Notified body/ies:
6b. European Assessment Document:
European Technical Assessment:
Technical Assessment Body:
Notified body/ies:
7. Declared performance/s:
8. Appropriate Technical Documentation and/or Specific Technical Documentation:
The performance of the product identified above is in conformity with the set of declared performance/s. This declaration of performance is issued, in accordance with Regulation (EU) No 305/2011, under the sole responsibility of the manufacturer identified above.
Signed for and on behalf of the manufacturer by:
Instructions for drawing up the declaration of performance
1. GENERAL
These instructions aim at guiding the manufacturers when drawing up a declaration of performance compliant with Regulation (EU) No 305/2011, following the model of this Annex (hereinafter referred to as ‘the model’).
These instructions are not part of the declarations of performance to be issued by manufacturers and should not be enclosed to these declarations of performance.
When drawing up a declaration of performance, the manufacturer shall:
reproduce the texts and the headlines of the model which are not indicated between square brackets;
replace the blank spaces and square brackets by inserting the necessary information.
Manufacturers may also include in the declaration of performance the reference to the website where the copy of the declaration of performance is made available in accordance with Article 7(3) of Regulation (EU) No 305/2011. This may be included after point 8 or in another place where it does not affect the readability and clarity of the mandatory information.
2. FLEXIBILITY
Providing that the mandatory information required by Article 6 of Regulation (EU) No 305/2011 is provided in a clear, complete and coherent manner, when drawing up a declaration of performance, it is possible to:
use a different layout as in the model;
combine the points of the model by presenting some of them together;
present the points of the model in a different order or using one or more tables;
omit some points of the model which are not relevant for the product for which a declaration of performance is drawn up. For example, this is the case since the declaration of performance may be based either on a harmonised standard or on a European Technical Assessment issued for the product, rendering the other alternative not applicable. These omissions could also concern the points on the authorised representative or on the use of Appropriate Technical Documentation and the Specific Technical Documentation;
present the points without numbering them.
If a manufacturer wishes to issue a single declaration of performance covering different variations of a product-type, at least the following elements need to be listed separately and clearly for every product variation: the number of the declaration of performance, the identification code under point 1 and the declared performances/s under point 7.
3. INSTRUCTION FOR THE COMPLETION OF THE FORM
|
Point of the model |
Instruction |
|
Number of the declaration of performance |
This is the reference number of the declaration of performance foreseen in Article 9(2) of Regulation (EU) No 305/2011. The choice of the number is left to the manufacturer. This number may be the same as the unique identification code of the product-type indicated under point 1 of the model. |
|
Point 1 |
Indicate the unique identification code of the product-type referred to in Article 6(2)(a) of Regulation (EU) No 305/2011. In Article 9(2) of Regulation (EU) No 305/2011, the unique identification code determined by the manufacturer to follow the CE marking is linked to the product-type and thus to the set of performance levels or classes of a construction product, as brought forward in the declaration of performance drawn up for it. Moreover, for the recipients of construction products, in particular for their final end users, it is necessary to be able to unequivocally identify this set of performance levels or classes for any given product. Therefore, every construction product, for which a declaration of performance has been drawn up, should be linked by its manufacturer to the respective product-type and a given set of performance levels or classes by the unique identification code, which acts also as the reference mentioned in Article 6(2)(a) of Regulation (EU) No 305/2011. |
|
Point 2 |
Indicate the intended use, or list the intended uses, as appropriate, of the construction product as foreseen by the manufacturer, in accordance with the applicable harmonised technical specification. |
|
Point 3 |
Indicate the name, the registered trade name or registered trade mark and the contact address of the manufacturer, as required pursuant to Article 11(5) of Regulation (EU) No 305/2011. |
|
Point 4 |
This point shall be included and filled in only in case an authorised representative has been designated. In such case, indicate the name and the contact address of the authorised representative whose mandate covers the tasks specified in Article 12(2) of Regulation (EU) No 305/2011. |
|
Point 5 |
Indicate the number of the applicable system or systems of assessment and verification of constancy of performance (AVCP) of the construction product as set out in Annex V to Regulation (EU) No 305/2011. If there are multiple systems, each of them shall be declared. |
|
Points 6a and 6b |
Since a manufacturer can draw up a declaration of performance based on either a harmonised standard or a European Technical Assessment issued for the product, these two different situations presented under points 6a and 6b should be treated as alternative, with only one of them to be applied and filled in in a declaration of performance. In case of point 6a, i.e. when a declaration of performance is based on a harmonised standard, indicate all the following: (a) the reference number of the harmonised standard and its date of issue (dated reference); and (b) the identification number of the notified body/ies. When providing the name of the notified body/ies, it is essential that the name is provided in its original language, without translation to other languages. In case of point 6b, i.e. when a declaration of performance is based on a European Technical Assessment issued for the product, indicate all the following: (a) the number of the European Assessment Document and its date of issue; (b) the number of the European Technical Assessment and its date of issue; (c) the name of the Technical Assessment Body; and (d) the identification number of the notified body/ies. |
|
Point 7 |
Under this point, the declaration of performance shall indicate: (a) the list of essential characteristics, as determined in the harmonised technical specifications for the intended use or uses indicated under point 2; and (b) for each essential characteristic, the declared performance, by level or class, or in a description, in relation to this characteristic or, for characteristics for which no performance is declared, the letters ‘NPD’ (No Performance Determined). This point may be filled up with the use of a table which brings forward the links between the harmonised technical specifications and the systems of assessment and verification of constancy of performance applied respectively to each essential characteristic of the product, as well as the performance in relation to each essential characteristic. The performance shall be declared in a clear and explicit manner. Therefore, the performance cannot be described in the declaration of performance solely by inserting a calculation formula to be applied by the recipients. Furthermore, the levels or classes of performance presented in reference documents shall be reproduced in the declaration of performance itself and thus cannot be expressed solely by inserting references to these documents into the declaration of performance. However, the performance notably of structural behaviour of a construction product may be expressed by referring to the respective production documentation or structural design calculations. In this case, the relevant documents shall be attached to the declaration of performance. |
|
Point 8 |
This point shall only be included and filled in in a declaration of performance if Appropriate Technical Documentation and/or Specific Technical Documentation has been used, in accordance with Articles 36 to 38 of Regulation (EU) No 305/2011, in order to indicate the requirements with which the product complies. In such a case, under this point the declaration of performance shall indicate: (a) the reference number of the Specific and/or Appropriate Technical Documentation used, and (b) the requirements with which the product complies. |
|
Signature |
Replace the spaces indicated between square brackets by the information indicated and the signature. |
ANNEX IV
PRODUCT AREAS AND REQUIREMENTS FOR TABS
Table 1 — Product areas
|
AREA CODE |
PRODUCT AREA |
|
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 |
SANITARY APPLIANCES. |
|
12 |
CIRCULATION FIXTURES: ROAD EQUIPMENT. |
|
13 |
STRUCTURAL TIMBER PRODUCTS/ELEMENTS AND ANCILLARIES. |
|
14 |
WOOD BASED PANELS AND ELEMENTS. |
|
15 |
CEMENT, BUILDING LIMES AND OTHER HYDRAULIC BINDERS. |
|
16 |
REINFORCING AND PRESTRESSING STEEL FOR CONCRETE (AND ANCILLARIES). POST TENSIONING KITS. |
|
17 |
MASONRY AND RELATED PRODUCTS. MASONRY UNITS, MORTARS, AND ANCILLARIES. |
|
18 |
WASTE WATER ENGINEERING PRODUCTS. |
|
19 |
FLOORINGS. |
|
20 |
STRUCTURAL METALLIC PRODUCTS AND ANCILLARIES. |
|
21 |
INTERNAL & EXTERNAL WALL AND CEILING FINISHES. INTERNAL PARTITION KITS. |
|
22 |
ROOF COVERINGS, ROOF LIGHTS, ROOF WINDOWS, AND ANCILLARY PRODUCTS. ROOF KITS. |
|
23 |
ROAD CONSTRUCTION PRODUCTS. |
|
24 |
AGGREGATES. |
|
25 |
CONSTRUCTION ADHESIVES. |
|
26 |
PRODUCTS RELATED TO CONCRETE, MORTAR AND GROUT. |
|
27 |
SPACE HEATING APPLIANCES. |
|
28 |
PIPES-TANKS AND ANCILLARIES NOT IN CONTACT WITH WATER INTENDED FOR HUMAN CONSUMPTION. |
|
29 |
CONSTRUCTION PRODUCTS IN CONTACT WITH WATER INTENDED FOR HUMAN CONSUMPTION. |
|
30 |
FLAT GLASS, PROFILED GLASS AND GLASS BLOCK PRODUCTS. |
|
31 |
POWER, CONTROL AND COMMUNICATION CABLES. |
|
32 |
SEALANTS FOR JOINTS. |
|
33 |
FIXINGS. |
|
34 |
BUILDING KITS, UNITS, AND PREFABRICATED ELEMENTS. |
|
35 |
FIRE STOPPING, FIRE SEALING AND FIRE PROTECTIVE PRODUCTS. FIRE RETARDANT PRODUCTS. |
Table 2 — Requirements for TABs
|
Competence |
Description of competence |
Requirement |
|
1. Analysing risks |
Identify the possible risks and benefits for the use of innovative construction products in the absence of established/consolidated technical information regarding their performance when installed in construction works. |
A TAB shall be established under national law and have legal personality. It shall be independent from the stakeholders and from any particular interests. In addition, a TAB shall have staff with: (a) objectivity and sound technical judgement; (b) detailed knowledge of the regulatory provisions and other requirements in force in the Member States where it is designated, concerning product areas for which it is to be designated; (c) general understanding of construction practice and detailed technical knowledge, concerning product areas for which it is to be designated; (d) detailed knowledge of specific risks involved and the technical 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) 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. |
|
2. Setting technical criteria |
Transform the outcome of the risk analysis into technical criteria for evaluating behaviour and performance of the construction products regarding the fulfilment of applicable national requirements; provide the technical information needed by those participating in the building process as potential users of the construction products (manufacturers, designers, contractors, installers). |
|
|
3. Setting assessment methods |
Design and validate appropriate methods (tests or calculations) to assess performance for essential characteristics of construction products, taking into account the current state of the article. |
|
|
4. Determining the specific factory production control |
Understand and evaluate the manufacturing process of the specific product in order to identify appropriate measures ensuring product constancy through the given manufacturing process. |
A TAB shall have staff with appropriate knowledge of the relationship between the manufacturing processes and product characteristics related to factory production control. |
|
5. Assessing the product |
Assess the performance for essential characteristics of construction products on the basis of harmonised methods against harmonised criteria. |
In addition to the requirements listed in points 1, 2 and 3, a TAB shall have access to the necessary means and equipment for the assessment of the performance for essential characteristics of construction products within the product areas for which it is to be designated. |
|
6. General management |
Ensure consistency, reliability, objectivity and traceability through the constant application of appropriate management methods. |
A TAB shall have: (a) a proven record of respect of good administrative behaviour; (b) a policy and the supporting procedures to ensure confidentiality of sensitive information within the TAB and all its partners; (c) a document control system to ensure registration, traceability, maintenance and archiving of all relevant documents; (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 deal objectively with appeals and complaints. |
ANNEX V
ASSESSMENT AND VERIFICATION OF CONSTANCY OF PERFORMANCE
1. SYSTEMS OF ASSESSMENT AND VERIFICATION OF CONSTANCY OF PERFORMANCE
The manufacturer shall draw up the declaration of performance and determine the product-type on the basis of the assessments and verifications of constancy of performance carried out under the following systems:
1.1. System 1+
The manufacturer shall carry out:
factory production control;
further testing of samples taken at the manufacturing plant by the manufacturer in accordance with the prescribed test plan.
The notified product certification body shall decide on the issuing, restriction, suspension or withdrawal of the certificate of constancy of performance of the construction product on the basis of the outcome of the following assessments and verifications carried out by that body:
an assessment of the performance of the construction product carried out on the basis of testing (including sampling), calculation, tabulated values or descriptive documentation of the product;
initial inspection of the manufacturing plant and of factory production control;
continuing surveillance, assessment and evaluation of factory production control;
audit — testing of samples taken by the notified product certification body at the manufacturing plant or at the manufacturer's storage facilities.
1.2. System 1
The manufacturer shall carry out:
factory production control;
further testing of samples taken at the manufacturing plant by the manufacturer in accordance with the prescribed test plan.
The notified product certification body shall decide on the issuing, restriction, suspension or withdrawal of the certificate of constancy of performance of the construction product on the basis of the outcome of the following assessments and verifications carried out by that body:
an assessment of the performance of the construction product carried out on the basis of testing (including sampling), calculation, tabulated values or descriptive documentation of the product;
initial inspection of the manufacturing plant and of factory production control;
continuing surveillance, assessment and evaluation of factory production control.
1.3. System 2+
The manufacturer shall carry out:
an assessment of the performance of the construction product on the basis of testing (including sampling), calculation, tabulated values or descriptive documentation of that product;
factory production control;
testing of samples taken at the manufacturing plant by the manufacturer in accordance with the prescribed test plan.
The notified factory production control certification body shall decide on the issuing, restriction, suspension or withdrawal of the certificate of conformity of the factory production control on the basis of the outcome of the following assessments and verifications carried out by that body:
initial inspection of the manufacturing plant and of factory production control;
continuing surveillance, assessment and evaluation of factory production control.
1.4. System 3
The manufacturer shall carry out factory production control.
The notified laboratory shall assess the performance on the basis of testing (based on sampling carried out by the manufacturer), calculation, tabulated values or descriptive documentation of the construction product.
1.5. System 4
The manufacturer shall carry out:
an assessment of the performance of the construction product on the basis of testing, calculation, tabulated values or descriptive documentation of that product;
factory production control.
No tasks require the intervention of notified bodies.
1.6. Construction products for which a European Technical Assessment has been issued
Notified bodies undertaking tasks under Systems 1+, 1 and 3 as well as manufacturers undertaking tasks under Systems 2+ and 4 shall consider the European Technical Assessment issued for the construction product in question as the assessment of the performance of that product. Notified bodies and manufacturers shall therefore not undertake the tasks referred to in points 1.1.(b)(i), 1.2.(b)(i), 1.3.(a)(i), 1.4.(b) and 1.5.(a)(i) respectively.
2. BODIES INVOLVED IN THE ASSESSMENT AND VERIFICATION OF CONSTANCY OF PERFORMANCE
With respect to the function of notified bodies involved in the assessment and verification of constancy of performance for construction products, distinction shall be made between:
product certification body: a body notified, in accordance with Chapter VII, to carry out constancy of performance certification;
factory production control certification body: a body notified, in accordance with Chapter VII, to carry out factory production control certification;
laboratory: a body notified, in accordance with Chapter VII, to measure, examine, test, calculate or otherwise assess the performance of construction products.
3. HORIZONTAL NOTIFICATIONS: CASES OF ESSENTIAL CHARACTERISTICS WHERE REFERENCE TO A RELEVANT HARMONISED TECHNICAL SPECIFICATION IS NOT REQUIRED
Reaction to fire
Resistance to fire
External fire performance
Acoustic performance
Emissions of dangerous substances.
( 1 ) OJ L 124, 20.5.2003, p. 36.
( 2 ) OJ L 357, 31.12.2002, p. 1.
( 3 ) OJ L 248, 16.9.2002, p. 1.
( 4 ) OJ L 312, 23.12.1995, p. 1.
( 5 ) OJ L 292, 15.11.1996, p. 2.
( 6 ) OJ L 136, 31.5.1999, p. 1.