Construction products

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.