Construction products

SUMMARY OF:

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

WHAT IS THE AIM OF THE REGULATION?

It aims to make the single market work better and improve the free movement of construction products* in the European Union (EU), by laying down uniform rules for the marketing of these products and providing a common technical language to assess the performance of construction products*.
In this way, the regulation also enables EU Member States to ensure the safety of construction works*.
Amending Regulation (EU) 2019/1020 further strengthens market surveillance to ensure that products placed on the market are safe and compliant with EU legislation.

KEY POINTS

The regulation sets out the conditions for the marketing of construction products.
It sets out methods and criteria for assessing and expressing the performance of construction products and the conditions for the use of CE marking.
Member States remain responsible for fire safety, mechanical resistance and stability, environmental, energy and other requirements applicable to buildings and other construction works.

Declaration of performance and CE marking

Where a manufacturer decides to place a construction product on the market and that product is covered by a harmonised standard or a European technical assessment has been issued for it, the manufacturer must draw up a declaration of performance which contains, among other things, the following information:
- product type reference;
- systems of assessment and verification of the consistency of performance of the product;
- reference of the applicable harmonised standard or European technical assessment;
- intended use or uses for the product;
- declared performance based on the assessment according to the applicable harmonised standard or European technical assessment.
Once the declaration of performance has been drawn up, the manufacturer must affix a CE marking to the product.
The CE marking indicates that the performance of the product has been assessed and that it remains constant.
The CE marking enables a construction product to be placed legally on the market in any Member State and then traded on the EU’s single market.
Member States must establish product contact points for construction to provide information on the requirements for construction products.

Obligations of manufacturers, importers and distributors

Manufacturers must do the following.
- Prepare technical documentation and, on its basis, draw up a declaration of performance and affix a CE marking to the product.
- Ensure that the product maintains its conformity with the declaration of performance. Where manufacturers consider that the product no longer conforms with the declaration of performance, they must immediately take the necessary corrective measures or withdraw or recall the product from the market.
Importers must do the following.
- Ensure that the product bears the CE marking and is accompanied by the required documentation.
- Avoid placing the product on the market if they consider it not in conformity with the declaration of performance.
- Ensure that the product maintains its conformity with the declaration of performance and that its transport or storage does not jeopardise its performance. Where a product does not conform with the declaration of performance, importers must immediately take the necessary corrective measures or withdraw or recall the product from the market.
Obligations of distributors include the following.
- Ensuring that the product bears the CE marking and that it is accompanied by the required documentation.
- Not making the product available on the market if they consider it not in conformity with the declaration of performance, until it is brought into conformity or until the declaration of performance is corrected.
- Ensuring that the product’s transport or storage does not jeopardise its performance. Where a product does not conform with its declaration of performance, distributors must ensure the necessary corrective measures are taken or that the product is withdrawn or recalled from the market.

Harmonised technical specifications

Harmonised technical specifications include harmonised standards and European assessment documents. Harmonised standards are drawn up by European standardisation bodies (the European Committee for Standardization or the European Committee for Electrotechnical Standardization) on the basis of requests issued by the European Commission. Harmonised standards define the methods and criteria for assessing the performance of construction products.
If a construction product is not covered, or not fully covered, by a harmonised standard, manufacturers may request a European technical assessment, issued by one of the technical assessment bodies on the basis of a European assessment document developed by the European Organisation for Technical Assessment. The European technical assessment is a documented assessment of the performance of a construction product in relation to its essential characteristics.
Harmonised standards and European technical assessments create a common technical language used throughout the construction sector and enable manufacturers to draw up the declaration of performance and affix the CE marking. References of harmonised standards and of European assessment documents are published in the Official Journal of the European Union.

Market surveillance

Member States’ market surveillance authorities must ensure that the regulation is complied with in their countries.
Where market surveillance authorities find that a product does not comply with the requirements of the regulation (e.g. does not achieve its declared performance and/or presents a risk) they must, without delay, require the relevant economic operator to bring the product into compliance, withdraw it from the market or recall it within a reasonable period, according to the nature of the risk. The relevant economic operators must cooperate as necessary with the market surveillance authorities.

Implementing and delegated acts

The Commission has adopted a series of implementing and delegated acts in relation to the regulation. A list of these is available on the Commission’s website.

Repeal

The regulation repeals Directive 89/106/EEC.

FROM WHEN DOES THE REGULATION APPLY?

It has fully applied since 1 July 2013.

BACKGROUND

The approach of Regulation (EU) No 305/2011 (also known as the construction products regulation) for a better functioning of the single market for construction products is different from the general principles originally set in the new legislative framework. The main differences are the following.

Division of powers between the EU and the Member States. The EU deals only with the single market access rules and not with requirements for products’ performance as such. As mentioned above, the Member States are responsible for fire safety, environmental, energy and other requirements applicable to buildings and other construction works.
Harmonised marketing conditions. Instead of harmonising construction products or the requirements for them, the Construction Products Regulation limits itself to creating harmonised conditions for marketing such products.
Harmonised standards. The use of harmonised standards is obligatory for manufacturers when placing the construction products on the market and for Member States when setting requirements for their performance.

The Commission’s proposal for a new construction products regulation was published in March 2022. The main objectives of the proposal are to improve the functioning of the internal market for construction products, respond to Member States’ regulatory needs, introduce requirements for greener and safer construction products, enable easier delivery of harmonised standards and improve digital product information.

For further information, see:

Construction Products Regulation (CPR) (European Commission)
Review of the Construction Products Regulation (European Commission).

KEY TERMS

Construction product. Any product or kit that is produced and placed on the market for permanent incorporation in construction works or parts thereof, whose performance has an effect on the performance of the construction works with respect to the basic requirements for construction works.

Performance of a construction product. The performance related to the relevant essential characteristics, expressed by level or class or in a description.

Construction works. Buildings and civil engineering works.

MAIN DOCUMENT

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

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