This document is an excerpt from the EUR-Lex website
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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 EU, by laying down uniform rules for the marketing of these products and by providing a common technical language to assess the performance of construction products.
In this way the regulation also enables EU countries to ensure the safety of construction works*.
It repeals Directive 89/106/EEC.
The regulation sets out the conditions for the marketing of construction products.
EU countries, on the other hand, are responsible for fire safety, mechanical resistance and stability, environmental, energy and other requirements applicable to construction works.
Declaration of Performance and CE marking
Where a manufacturer decides to place a construction product on the market and that product is covered by a harmonised standard or a European Technical Assessment has been issued for it, the manufacturer must draw up a Declaration of Performance which contains, among other things, the following information:
Once the Declaration of Performance has been drawn up, the manufacturer must affix a CE marking to the product.
The CE marking indicates that the performance of the product has been assessed and that it remains constant.
CE marking enables a construction product to be placed legally on the market in any EU country and then be traded on the EU’s single market.
EU countries must establish Product Contact Points for Construction to provide information on the requirements for construction products.
Obligations of manufacturers, importers and distributors
Obligations of distributors include:
Harmonised technical specifications
Harmonised technical specifications include harmonised standards and European Assessment Documents. Harmonised standards are drawn up by European standardisation bodies (European Committee for Standardization or European Committee for Electrotechnical Standardization) on the basis of requests issued by the European Commission. Harmonised standards define the methods and the criteria for assessing the performance of construction products.
If a construction product is not covered or not fully covered by a harmonised standard, manufacturers may request a European Technical Assessment, issued by one of the Technical Assessment Bodies on the basis of a European Assessment Document developed by the European Organisation for Technical Assessment.The European Technical Assessment is a documented assessment of the performance of a construction product, in relation to its essential characteristics.
Harmonised standards and European Technical Assessments create a common technical language used by all players in the construction sector and enable manufacturers to draw up the Declaration of Performance and affix the CE marking. References of harmonised standards and of European Assessment Documents are published in the Official Journal of the European Union.
EU countries’ market surveillance authorities, established under to Regulation (EC) No 765/2008, must ensure that the regulation is complied with in their countries.
Where these authorities find that a product does not comply with the requirements of the regulation (e.g., the product does not achieve its declared performance and presents a risk), they must without delay require the relevant economic operator to bring the product into compliance with the declared performance, or to withdraw the product from the market, or recall it within a reasonable period, appropriate to the nature of the risk.
Implementing and delegated acts
A list of implementing and delegated acts adopted by the Commission in accordance with the Construction Products Regulation is available on the Commission’s website.
FROM WHEN DOES THE REGULATION APPLY?
It has applied since 1 July 2013.
The approach of the Construction Products Regulation for a better functioning single market for construction products is different from the general principles originally set in the New Legislative Framework. The main differences are:
Following the publication of the July 2016 Implementation Report, the Commission's Communication ‘Clean Energy for all Europeans’ announced a possible revision of the Construction Products Regulation in November 2016.
For more information, see:
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.
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) 445 final, 7.7.2016)
Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, pp. 12-33)
See consolidated version.
Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC (OJ L 218, 3.8.2008, pp. 82-128)
Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, pp. 30-47)
Regulation (EC) No 764/2008 of the European Parliament and of the Council of 9 July 2008 laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another Member State and repealing Decision No 3052/95/EC (OJ L 218, 13.8.2008, pp. 21-29)
last update 09.02.2018