EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2019) XXX  draft  
 
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
supplementing Regulation (EU) No 305/2011 of the European Parliament and of the 
Council by establishing classes of performance in relation to luminance, luminance ratio 
and ingress protection for variable message traffic signs  
(Text with EEA relevance)   EN 1  EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  DELEGATED  ACT  
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/EEC1 acknowledges two main alternatives to establi sh 
classes of performance in relation to the essential characteristics of construction products. 
According to Articles 27(1) and 60(f)  of that Regulation , this can be done by delegated acts of 
the Commission, whereas its Article 27(2) allows for the use of  harmonised standards for this 
purpose, on the basis of a revised mandate. In accordance with Article 27(2), first 
subparagraph, where the Commission has established such classes, the European 
standardisation bodies shall use those classes in harmonised st andards.  
The reference to the European product standard EN 12966 -1:2005 on variable message traffic 
signs  was first published under Directive 89/106/EEC in the Official Journal of the European 
Union  in December 2005 .2 The version of this standard, currentl y cited in the Official Journal 
of the European Union , is EN 12966 -1:2005+A1:2009. This harmonised standard contained 
already a classification for the performance of the products covered by it in relation to the 
essential characteristics luminance , luminan ce ratio  and ingress protection . 
Recently, the European Committee for Standardisation (CEN) submitted to the Commission a 
revised  version of this standard, EN 12966:2014.  This version comprises a new classification 
for the performance of the products cover ed by it in relation to the essential characteristics 
luminance , luminance ratio  and ingress protection . More recently , CEN has approved an 
amendment to this version of the standard, consolidated in EN 12966:2014 +A1:2018 , which 
comprise s the same classification for the performance of the products covered by it in relation 
to the essential characteristic s luminance , luminance ratio  and ingress protection  as introduced 
in EN 12966:2014 . 
According to the amended revised  version of the standa rd in question  (EN 
12966:2014 +A1:2018 ), the assessment of performance in relation to luminance  is to be 
carried out by using new limits for the respective classes, when it comes to maximum 
luminance levels for them, corresponding to the real use of these i ntensities. The new limits 
have now been set to three times of the minimum intensities.  Moreover, a new luminance 
classification has been added for the new colour orange, included in the new version of the 
standard.  
The same addition of the colour orange h as been carried out also for the classifications 
concerning the minimum luminance ratios , where the previous colour white/yellow has been 
deleted, since it had not been used any longer.  
For ingress protection , the amended revised  version of the standard co ntains two new classes, 
for ingress protection levels IP45 and IP55 , in addition  to the previously existing three ones. 
They provide for better (more detailed) diversification of the declared performance.  
Since under the application of Regulation (EU) No 3 05/2011 the introduction of a new 
classification into harmonised standards by the European standardisation bodies themselves 
require s the issuing of new revised mandates, which has not taken place  and which would 
take longer , it has been considered more op portune to proceed with this draft Delegated 
Regulation.  
                                                 
1 OJ L 88, 4.4.2011, p. 5.  
2 OJ C 319, 14.12.2005, p. 1.  EN 2  EN It has not been considered appropriate to include other performance classifications contained 
in the standards at hand within the scope of the draft Delegated Regulation, because pursuant 
to Regulati on (EU) No 305/2011 such classifications comprised in harmonised standards, the 
reference to which has been published under Directive 89/106/EEC in the Official Journal of 
the European Union, are to be deemed applicable under Regulation (EU) No 305/2011 
without any further actions being necessary.  
2. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE  ACT  
The draft Delegated Regulation was discussed in the meeting of the Advisory Group on 
Construction Products (the AG) on 26 June 201 8 and also submitted for a writte n consultation 
of experts between 26 June and 31 July 2018 . Before these steps, all Member States were 
presented an opportunity to nominate experts to participate in them. In addition to these 
experts, also other external stakeholders were consulted. The documents discussed in the AG 
and relevant to the written consultation were transmitted simultaneously to the European 
Parliament and to the Council, as foreseen in the Common Understanding on Delegated Acts. 
The observations presented in these contexts an d the inputs received afterwards by the 
Commission have been taken into account when preparing the final draft version of this act 
for the inter -service consultation.  
It was published for public feedback on the Better Regulation Portal from … to …; [ wordin g 
on feedback and any follow -up to be included subsequently ]. 
3. LEGAL  ELEMENTS  OF THE  DELEGATED  ACT  
Pursuant to Article 27 of Regulation (EU) No 305/2011, classes of performance may be 
established in relation to the essential characteristics of construction products. According to 
Articles 27(1) and 60(f)  thereof , this can be done by delegated acts of the Commission. In 
accordance with Article 27(2), first subparagraph, of that Regulation where the Commission 
has established such classes, the Euro pean standardisation bodies shall use those classes in 
harmonised standards.  
According to Article 2(7) of Regulation (EU) No 305/2011, “class” means a range of levels, 
delimited by a minimum and a maximum value, of performance of a construction product.  
Classes for the purposes of Regulation (EU) No 305/2011 are thus always expressing a given 
range of determined performance of the product. Moreover,  Regulation (EU) No 305/2011 
does not distinguish , unlike its predecessor Council Directive 89/106/EEC3, diffe rent kinds of 
classes , depending on their origin . Classes of performance established by the Commission and 
such classes established by the European standardisation bodies are thus to be acknowledged 
and respected in the same manner.  
Since under Regulation (EU) No 305/2011 the introduction of a new classification of 
performance into harmonised standards by the European standardisation bodies themselves 
require s the issuing of new revised mandates, which has not taken place  and which would 
take longer , it has  been considered more opportune to proceed with this draft Delegated 
Regulation. For these reasons, this draft Delegated Regulation should be adopted to establish 
new classes of performance for product families mentioned above.  
The draft Delegated Regulati on conforms to the principle of proportionality. As the 
introduction of new classifications facilitates the placing on the market of the concerned 
                                                 
3 Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and 
administrative provisions of the Member States relating to construction products (OJ L  40, 11.2.1989, 
p. 12).  EN 3  EN construction products, the adoption of this draft Delegated Regulation  can be assessed to 
benefit the whole E uropean construction sector.  EN 4  EN COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
supplementing Regulation (EU) No 305/2011 of the European Parliament and of the 
Council by establishing classes of performance in relation to luminance, luminance ratio 
and ingress protection for variable message traffic signs  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union , 
Having regard to Regula tion (EU) No 305/2011 of the European Parliament and of the 
Council of 9 March 2011 laying down harmonized conditions for the marketing of 
construction products and repealing Council Directive 89/106/EEC1, and in particular Article 
27(1) thereof,  
Whereas:  
(1) The European standard EN 12966 -1:2005+A1:2009  on road vertical signs  contains a 
classification for the performance of the products covered by it in relation to the 
essential characteristics ‘luminance, luminance ratio and ingress protection ’.  
(2) The European  Committee for Standardisation has adopted  a revised version of 
standard EN 12966 . 
(3) In order to  better serve the needs of the market a nd to introduce maximum luminance  
intensity levels corresponding to the real use of these intensities,  it is necessary to 
include in the revised version of standard EN 12966 a new classification for the 
performance of the products covered by it in relation to the essential characteristics  
‘luminance , luminance ratio  and ingress protection ’. 
(4) In accordance wi th Article 27 of Regulation (EU) No 305/2011, classes of 
performance in relation to essential characteristic of construction products  may be 
established either by the Commission or by a European standardisation body on the 
basis of  a revised mandate issued  by the Commission . Given the need to establish the  
new classification  of performance as soon as possible, it should be established by the 
Commission . In accordance with Article 27(2) of that Regulation, those classes are to 
be used in harmonised standard s,  
 
HAS ADOPTED THIS REGULATION:  
Article 1  
Classes of performance in relation to luminance, luminance ratio and ingress protection for 
variable message traffic signs , as set out in the Annex, are hereby established.  
                                                 
1 OJ L 88, 4.4.2011, p. 5.  EN 5  EN Article  2 
This Regulatio n shall enter into force on the twentieth  day following that of its publication in 
the Official Journal of the European Union . 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The Presi dent 
 Jean -Claude Juncker