EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2023) 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 the resistance to fire of 
construction products   
 
(Text with EEA relevance)  
This draft has not been adopted or endorsed by the European Commission. Any 
views expressed are the preliminary views of the Commission services and may not 
in any circumstances be regarded as stating an official position of the Commission.    
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 establish 
classes of performance in relation to the essential characteristics of  construction products. 
According to Articles 27(1) and 60(f), this can be done by delegated acts of the Commission, 
whereas Article 27(2) allows for the use of harmonised standards for this purpose.  
Commission Decision 2000/367/EC2 established a European classification system regarding 
resistance to fire performance of construction products based upon European test methods. 
The subsequent amendments of this Decision have enlarged and clarified the scope of its 
practical application for different families o f construction products.  
The experience from the application of Commission Decision 2000/367/EC has demonstrated 
that the classification system has otherwise functioned well and served its purpose. However, 
no consolidated version of the Decision has been  formally adopted and it needs to be updated 
to the latest technological developments in this field.  
In general, the definition of the symbols used should be improved. Numbers should be 
included in every table. Reference to standards should be removed to m aintain the 
classification as a self -standing document. Classes should be added to complete the full range 
of the classification and facilitate a more detailed definition of the performance.  
As regards novelties  to specific classes,  
– The obsolete classific ation R for load -bearing elements with a fire -separating 
function applicable to floors and roofs should be removed.  
– Roof windows, rooflights and shutters should be added to the classification for load -
bearing elements with a fire -separating function applicable until now to floors and 
roofs only.  
– The classification for load -bearing elements with a fire -separating function is 
applicable to raised floors because these products cannot be considered as non -
loadbearing (in the previous legal act it was incl uded in the classification for load 
non-loadbearing elements or products with a fire -separating function).  
– Improvements to the text describing the classification should be introduced in the 
classification for products and systems for protecting load -bearin g elements 
applicable to ceilings with no independent fire resistance.  
– Clarifications in brackets, improvement to the text describing the classification and a 
new note should be added to the classification for products and systems for 
protecting load -beari ng elements applicable to fire protective coatings, boards, 
renderings, claddings and screens.  
– Fixed windows should be added to the classification for non -loadbearing elements or 
products with a fire -separating function applicable until now to partitions only 
because these products can be used in partitions.  
                                                 
1 OJ L 88, 4.4.2011, p. 5.  
2 OJ 133, 6.6. 2000 , p. 26.  Decision as amended by Decision 2003/6 29/EC of 27 August 2003  (L 218,  
30.8.2003 , p. 51) and by Decision 20 11/232/EC of 11 April 2011  (L 97, 12.4.2011, p. 49).   
EN 2  EN – The classification for non -loadbearing elements or products with a fire -separating 
function applicable to cavity barriers should be separated because EI -M and EW is 
not applicable.  
– A new classification  for non -loadbearing elements or products with a fire -separating 
function applicable to unloaded roofs should be added to complement the 
classification for load -bearing elements with a fire -separating function applicable to 
roofs.  
– The note related to the c lassification for non -loadbearing elements or products with a 
fire-separating function applicable to facades and external walls should be revised to 
replace the reference to falling parts by a reference related to the test according to the 
assessment metho d. 
– A new classification for non -loadbearing elements or products with a fire -separating 
function applicable to non -mechanical fire barriers for ventilation ductwork should 
be included.  
– The classification for penetration seals and linear gap seals should be  replaced by 
three different classifications.  
– A new classification for non -loadbearing elements or products with a fire -separating 
function applicable to penetration seals should be included.  
– A new classification for non -loadbearing elements or products wi th a fire -separating 
function applicable to combined penetration seals should be included. The note refers 
to the need for completion with the classification of the elements used but it is 
restricted to the classification applicable to the products.  
– A new classification for non -loadbearing elements or products with a fire -separating 
function applicable to linear joint seals should be included.  
– The classification for non -loadbearing elements or products with a fire -separating 
function applicable to fire door s and shutters should be redefined to fire resisting 
doorsets, openable windows, openable rooflights and shutters and the reference to C 
should be improved and revised. This classification should not be applicable to non -
openable products because it includ es the possibility to be complemented by C and a 
digit if a self -closing device is fitted.  
– The classification for non -loadbearing elements or products with a fire -separating 
function applicable to smoke control doors should be redefined to smoke control 
doorsets, openable windows, openable rooflights and shutters and the reference to C 
should be improved and revised.  
– The reference to C included for the classification for non -loadbearing elements or 
products with a fire -separating function applicable to clos ures for conveyers and 
track -bound transportation systems should be improved and revised.  
– A new classification for non -loadbearing elements or products with a fire -separating 
function applicable to air transfer grilles should be included. The classificatio n 
should be completed by the addition of “resist flame” when the relevant test is 
passed. The declaration of the failure of the test was considered but rejected in favour 
of a positive declaration. This point should be considered when referring to this 
classification.   
EN 3  EN – The classification for non -loadbearing elements or products with a fire -separating 
function applicable to chimneys should be revised including the operating 
temperature.  
– The classification for products for use in ventilation systems applicabl e to ventilation 
ducts should be improved and refer to fire resisting ventilation ducts.  
– The classification for products for use in ventilation systems applicable to fire 
dampers should be revised to include classification S in a clearer way and to provide  
additional information as regards the testing regime.  
– The classifications for products to be used within services should be revised to refer 
to products to be used within electrical building service installations and the 
applications should be revised to refer to ire protective systems for cable systems and 
associated components, unprotected electrical cables with intrinsic fire resistance and 
unprotected small electrical cables with intrinsic fire resistance.  
– The classification for products to be used wit hin electrical building service 
installations applicable to cable management system and applicable to cables 
together with cable management system should not be included because a European 
test method is not available. This classification is expected to be  revised when the 
test method is available. In the meantime, references to classification of the 
management system and references to the combination of cable and management 
system should not be used in the context of the European regulation.  
– The classifica tion for products to be used in smoke and heat control systems 
applicable to single compartment smoke control ducts should be revised by removing 
class E300 because the temperature limit of 300ºC is not compatible with the testing 
method. Reference to this  class is obsolete.  
– The reference to C and the note related to the classification for products to be used in 
smoke and heat control systems applicable to multi -compartment fire resistant smoke 
control ducts should be improved and revised.  
– The reference to  S and the note related to the classification for products to be used in 
smoke and heat control systems applicable to single compartment fire resistant 
smoke control ducts should be improved and revised.  
– The reference to S and the note related to the class ification for products to be used in 
smoke and heat control systems applicable to multi -compartment fire resistant smoke 
control dampers should be improved and revised.  
– The classification for products to be used in smoke and heat control systems 
applicable  to smoke barriers should be revised by removing the note because an 
undefined time limit is not applicable as a class.  
– The note related to the classification for products to be used in smoke and heat 
control systems applicable to natural smoke and heat ex haust ventilators should be 
revised by to include certain clarifications.  
For these reasons, Commission Decision 2000/367/EC should thus be repealed, and this 
Commission Regulation should be applied instead. The resulting situation will be simpler and 
clearer for the whole construction sector.   
EN 4  EN 2. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE  ACT  
The draft Regulation was firstly discussed in the meeting of the Advisory Group for 
Construction3 (the AG) on 19 January 2016 and submitted for a written consultation between 
19 January and 19 February 2016. Moreover, the technical contents of this act had been the 
topic of preceding consultations of experts from March 2015 onwards. 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.  
Based on the comments received, the draft Regulation was presented to the AG on 15  March 
2017 and submitted for a written consultation between 15 March 2017 and 31 March 2017. 
Then, a revised draft was presented to the Subgroup Fire of the AG on 16 June 2017 and 
submitted for a written consultation between 16 June 2017 and 30 June 2017.  Preparation 
continued with bilateral contacts to CEN Technical Committee 127, so as to coordinate the 
process with the drafting of the respective classification standards, and additionally with 
further contacts with external stakeholders.  
A new version o f the draft Regulation was submitted for a written consultation to the 
Subgroup Fire of the AG between 25 February 2021 and 31 March 2021 and then presented to 
the AG on 15 March 2021 and submitted for a written consultation between 15 March and 31 
March 2 021.  
The draft final version was presented to the AG on 21 November 2022 and submitted for a 
written consultation after the meeting within one week. The comments received in the 
meeting and after the meeting in writing have been considered in the current version which 
was presented for information to the AG meeting on 15 February 2023.  
The documents discussed in the AG, relevant to the written consultation, were transmitted 
simultaneously to the European Parliament and to the Council, as foreseen in the C ommon 
Understanding on delegated acts. The observations presented in these contexts have been 
taken into account when preparing the final draft version of this act for the inter -service 
consultation.   
3. LEGAL  ELEMENTS  OF THE  DELEGATED  ACT  
Pursuant to Arti cle 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), this can be done by delegated acts of the Commission.  
According t o the definition comprised in 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 in Regulation (EU) No 305/2011 are thus 
always express ing a given range of determined performance of the product.  
The European classification system has been established by Commission Decision 
2000/367/EC, regarding the resistance to fire of construction products. That Decision as 
amended contains thirty four  classification tables for different products and applications.  
The revised tables contained in this Regulation reflect the latest technological developments 
and provide a comprehensive classification system in relation to the resistance to fire of 
constru ction products  
                                                 
3 Code E01329 in the Register o f Commission Expert Groups and Other Similar E ntities   
EN 5  EN The draft Regulation conforms to the principle of proportionality. It results in alleviating 
certain inconsistencies caused by the impact of Regulation (EU) 305/2011 on the existing 
classification system under Commission Decision 2000/367/E C.  
EN 6  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 t he resistance to fire of 
construction products   
 
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union , 
Having regard to 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/EEC4, and in particular Article 
27(1) thereof,  
Whereas:  
(1) Commission Decision 2000/367/EC5 establishes a  system for classifying the 
performance of construction products  with regard to their resistance to fire . That 
system is based on a harmonised solution for assessing th at performance and for 
classifying the results of th ose assessments.  
(2) Decision 2000/367/E C does not cover  certain  classes  of performance  and thus limits 
the possibility to declare a more detailed performance . It is therefore necessary to 
establish classes of performance that are up -to-date to the latest technological and 
market developments.   
(3) New classifications for non -loadbearing elements or products with a fire -separating 
function applicable to unloaded roofs, non -mechanical fire barriers for ventilation 
ductwork, penetration seals, combined penetration seals, linear joint seals and air 
transfer grilles should be added  
(4) The obsolete classification R for load -bearing elements with a fire -separating function 
applicable to floors and roofs should be removed.  
(5) The technical progress in the assessment methods also require s more detailed 
explanatio ns and points of reference as regards the products, including revised 
information in notes .  
(6) In order to enable manufacturers to declare sufficiently detailed classes  of performance 
of construction products  with regard to their resistance  to fire in line w ith the latest 
                                                 
4 OJ L 79, 16.3.2006, p. 27  
5 Commission Decision of 3 May 2000 implementing Council Directive 89/106/EEC as regards the 
classification of the resistance to fire performanc e of construction products, construction works and 
parts thereof (OJ 133, 6.6.2000, p. 26 ).   
EN 7  EN technological and market developments, and in the interest of legal clarity, Decision 
2000/367/EC should be repealed .  
(7) In accordance with Article 27 of Regulation (EU) No 305/2011 , classes of 
performance in relation to the essential characte ristics of construction products need to 
be established by the Commission. In accordance with Article 27(2) of that 
Regulation, those classes are to be used in harmonised standards .  
HAS ADOPTED THIS REGULATION:  
Article 1  
Classes of performance in relation  to the resistance to fire  of construction products, as set out 
in the Annex , are established . 
Article 2  
Decision 2000/367/EC is repealed.  
References to Decision 2000/367/EC shall be construed as references to this Regulation.  
Article 3  
This Regulation sha ll 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 President  
 Ursula VON DER LEYEN