EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, 30.3.2022  
COM(2022) 144 final  
2022/0094 (COD)  
 
Proposal for a  
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  
laying down harmonised conditions for the marketing of construction products, 
amending Regulation (EU) 2019/1020 and repealing Regulation (EU) 305/2011  
(Text with EEA relevance)  
{SEC(2022)  167 final}  - {SWD(2022)  87 final}  - {SWD(2022)  88 final}  -
 {SWD(2022)  89 final}   EN 1  EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  PROPOSAL  
• Reasons for and objectives of the proposal  
Regulation (EU) No 305/2011 of the European Parliament and of the Council (the 
‘Construction Products Regulation’ or CPR) lays down harmonised conditions for the 
marketing of construction products.1 The CPR ensures the smooth functioning of the single 
market and the free movement of construction products in th e EU. It does so through 
harmonised technical specifications, which provide for a common technical language on how 
to test and communicate the performance of construction products (e.g. reaction to fire, 
thermal conductivity or sound insulation). The use o f standards is mandatory when they are 
cited in the Official Journal of the European Union (OJEU). Construction products covered by 
such standards must bear the CE marking which indicates that they comply with their 
declared performance. Such products can then freely circulate within the single market. EU 
Member States are not allowed to require any additional marks, certificates or testing.  The 
CPR does not set product requirements. EU Member States are responsible for the safety, 
environmental and energy requirements applicable to buildings and civil engineering works.  
The Commission’s 2016 implementation report on the CPR2 identified certain shortcomings 
in its implementation and a significant number of challenges linked among others to 
standardisation, s implification for micro -enterprises, market surveillance and enforcement, 
deserving further examination and discussion. The evaluation of the CPR3, opinions of the 
REFIT platform as well as Member States’ and stakeholders’ feedback pointed clearly to the 
shortcomings of the framework , hindering the functioning of the single market for the 
construction products, and therefore failing to achieve the CPR’s objectives.  
The November 2016 Clean Energy for all Europeans Communication4 stressed the need to 
unlock t he growth and jobs potential by improving the functioning of the still fragmented 
single market for construction products. The European Green Deal Communication,5 the 
Circular Economy action plan6 and the Renovation Wave Communication7 highlighted the 
role of the CPR as part of efforts towards energy - and resource -efficient buildings and 
renovations, and in addressing the sustainability of construction products. The proposal for a 
                                                 
1 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 8 8, 4.4.2011, p. 5 -43. 
2 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 marke ting of construction products and repealing Council Directive 89/106/EEC, 
COM/2016/0445 final.  
3 Commission Staff Working Document SWD(2019)1770 - Evaluation of Regulation (EU) No 305/2011 
laying down harmonised conditions for the marketing of construction  products and repealing Council Directive 
89/106/EEC.  
4 Communication from the Commission to the European Parliament, Council,  the European Economic 
and Social  Committee, the Committee of the Regions and the European  Investment Bank, Clean Energy For All 
Europeans , COM(2016) 860. 
5 Communication from the Commission to the European Parliament, the European Council, the Council, 
the European Economic and Social Committee and the Committee of the Regions, the European Green Deal, 
COM(2019) 640.  
6 Communicatio n from the Commission to the European Parliament, the Council, the European 
Economic and Social Committee and the Committee of the Regions, A new Circular Economy Action.  
7 COM(2020) 662 final.  EN 2  EN revised Energy Performance of buildings Directive8 highlighted the importance  of the life 
cycle GHG emissions of buildings and building materials to calculate the Global Warming 
Potential of new buildings as of 2030. The EU Forest Strategy9 and the Sustainable Carbon 
Cycle10 Communication announced, in the context of the revision of  the Construction 
Products Regulation, the development of a standard, robust and transparent methodology to 
quantify the climate benefits of construction products and carbon capture and utilisation . 
Also, both the European Parliament and the Council have c alled for actions to promote 
circularity of construction products, to address barriers in the single market for construction 
products and contribute to the objectives of the European Green Deal and the Circular 
Economy action plan.11 
Therefore, the two gene ral objectives of the CPR revision are to (1) achieve a well -
functioning single market for construction products and to (2) contribute to the objectives of 
the green and digital transition, particularly the modern, resource -efficient and competitive 
econom y.  
This is an initiative within the Regulatory Fitness Programme (REFIT)  as the proposal aligns 
with the aims of the REFIT programme, which are to make the EU laws simpler, more 
targeted and easier to comply with.12  
This proposal aims to tackle the following problems:  
Problem 1: Single market for construction products not achieved.  
The standardisation process at the core of the CPR has been underperforming. In the recent 
years, draft harmonised standards developed by the European Standardisation Orga nisations 
(ESOs) could rarely be cited in the Official Journal (OJEU) mainly due to legal deficiencies. 
The lack of citation of up -to-date harmonised standards for construction products is a key 
factor undermining the smooth functioning of the single marke t, creating trade barriers and 
additional costs and administrative burden on economic operators . Outdated harmonised 
standards also mean that they are not always market -relevant, as the process cannot keep pace 
with the developments in the sector. Moreover , the current situation does not allow to fulfil 
the regulatory needs of the Member States.  Due to these deficiencies, Member States apply 
national marks, certifications and approvals. This is in breach of the CPR and not in line with 
the jurisprudence of the European Court of Justice. In addition, given the underperformance 
of the conventional standardisation route, the workload has progressively increased on the 
alternative route to obtaining the CE marking via the European assessment documents 
                                                 
8 Proposal for a Directive of the European Parliament and of  the Council  on the energy performance of 
buildings (recast), COM(2021) 802 final  
9 Communication from the Commission to the European Parliament, the Council, the European 
Economic and Social Committee and the Committee of the Regions: New EU Forest Strategy  for 2030, 
COM (2021) 572 final . 
10 Communication from the Commission to the European Parliament, the Council, the European 
Economic and Social Committee and the Committee of the Regions: Sustainable Carbo n Cycles, COM 
(2021) 800 final.  
11 Implementation of Regulation (EU) No 305/2011 laying down harmonised conditions for the marketing 
of construction products (the Construction Products Regulation), 2020/2028(INI) and 
https://www.con silium.europa.eu/media/41508/st14523 -en19.pdf  
12 With the aim to demonstrate the simplification and reduction of unnecessary regulatory costs, while 
achieving the underlying policy objectives, a table illustrating the REFIT cost savings of the preferred opt ion 
was elaborated in the impact assessment. Moreover, the new ‘one -in, one -out’ approach is applied, strengthening 
the REFIT programme.  EN 3  EN (EADs). Th is increase in workload has therefore led to the Commission needing more time to 
carry out its assessments and it may even risk to paralysing the system.  
Problem 2: Implementation challenges at national level.  
These issues also add to the complexity of the legal framework and contribute to the fact that 
market surveillance activities widely vary (in quality and effectiveness) from one Member 
State to another . Ineffective market surveillance and enforcement in ge neral limits the trust in 
the regulatory framework and is th erefore  a disincentive for companies to comply with the 
legislation.  
Drawbacks linked to the functioning of the Notified Bodies were identified in the 
implementation report indicating that relevant CPR provisions would benefit from more 
accuracy, e.g. on requirements for them (Article 43 of the CPR), on operational obligati ons 
for them (Article 52) and on coordination of them (Article 55).   
Problem 3: Complexity of the legal framework /simplification not achieved.  
Harmonised technical specifications provide for a common technical language on how to test 
and communicate the performance of construction products (e.g. reaction to fire, thermal 
conductivity or sound insulation). The CE marking under the CPR is linked to the assessment 
of the performance of a construction product, and not to its conformity with product 
requiremen ts, as these  are not set by the CPR . Given that this is a rather exceptional situation 
compared to other NLF legislation, the meaning of the CE marking is often misunderstood 
and misinterpreted.  
Other provisions of the CPR are insufficiently clear or crea te overlaps either within the 
framework itself (e.g. the overlap between the information required for the declaration of 
performance and for the CE marking) , or between the CPR and other EU legislation 
(potentially parallel routes to CE marking for some co nstruction products under the CPR and 
the Ecodesign Directive13). Moreover, the uptake of the simplification provisions of the CPR 
aimed mainly at SMEs14 has been limited, due to lack of awareness and lack of clarity of the 
provisions. The smallest companies  bear the largest administrative burden. Overlaps and 
inconsistencies create inefficiencies.  
In addition, there are no specific provisions on providing information in the digital format. 
This will become a challenge particularly as reliable product inform ation, from manufacturing 
to the installation in the building and demolition, will be necessary in the context of the digital 
building logbooks15, Level(s)16 or other tools for assessing and reporting on the sustainability 
performance of buildings.  
                                                 
13 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing 
a framework for t he setting of ecodesign requirements for energy -related products . 
14 I.e. Article 5 (derogations from drawing up a declaration of performance - DoP), Article 36 (intended to 
avoid unnecessary repetition of testing), Article 37 (simplified procedures for mic ro-enterprises) and Article 38 
(simplified procedures for products individually manufactured or custom -made in a non -series process).  
15 A digital building logbook is a dynamic tool that allows a variety of data, information and documents to 
be recorded, ac cessed, enriched and organised under specific categories. It represents a record of major events 
and changes over a building’s life  cycle, such as change of ownership, tenure or use, maintenance, refurbishment 
and other interventions. Definition of the digital building logbook - Publications Office of the EU (europa.eu) . 
16 Level(s) is an assessment and reporting tool, developed by the European Commission, for sustainability 
performance of buildings, firmly base d on circularity: Level(s) (europa.eu)   EN 4  EN Problem 4: The CPR is unable to deliver on broader policy priorities, such as the green 
and digital transition, and product safety.  
The available harmonised assessment methods for the performance of construction products 
cover only some elements linked to the envi ronmental impacts such as pollution but have not 
been established with regards to sustainable use of natural resources. Furthermore, the CPR 
does not allow to establish environmental, functional and safety product requirements for 
construction products, th erefore  hampering the possibility to address non -performance based 
issues.  However, to stimulate the incentives and demand for low -carbon and carbon -storing 
construction products, coherent and transparent information on the climate, environmental 
and susta inability performance of the construction products is needed as well as the possibility 
to govern inherent product characteristics such as durability or reparability. Enhancing the 
circularity of construction products will also strengthen the EU’s resilien ce regarding access 
to construction materials17. Moreover, digital information on construction products is not 
sufficiently available to address the goals of circularity and sustainability and to provide 
information required by other related legislation (e. g. the Energy Performance of Buildings 
Directive or the Ecodesign for Sustainable Products Regulation).  
The CPR significantly limits the possibilities  for the sector to declare , in a consistent and 
harmonised way, the performance of their products and to differentiate the products with 
regard to climate, environment and sustainability performances . It also significantly limits the 
possibilities for Member States to define national requirements for buildings or to include 
criteria in public procurement on s ustainability objectives without putting at risk the 
functioning of the single market.  
• Consistency with existing policy provisions in the policy area  
The initiative is consistent with the do not significant harm principle, as it contributes to the 
objectives of the green transition of the European Green Deal (in particular the Renovation 
Wave) and the Circular Economy action plan. It promotes a greener manufacturing , re-use, 
remanufacturing and recycling of construction products. It ensures climate adaptation. It 
supports the revision of the Energy Performance of Buildings Directive by providing 
information on the environmental performance of constructio n products and thereby 
facilitating the calculation of energy performance of buildings, of their Global Warming 
Potential and of carbon removals associated to carbon storage.  
The Circular Economy action plan announced the Sustainable Products Initiative (S PI) aiming 
to make products fit for a climate -neutral, resource -efficient and circular economy, in 
particular with the adoption of the Ecodesign for Sustainable Products Regulation (ESPR). 
Where product -specific EU legislation, like this proposal, regulate s the environmental and 
climate sustainability aspects of products, further policy and legislative development should 
remain in the dedicated instrument, with the same level of stringency as the ESPR. This 
contributes to better coherence of EU rules on spe cific products and avoids administrative 
burden on economic actors who would otherwise have to comply with requirements laid down 
in different EU legislations.  
Therefore, given the strong interlinkages between the environmental and structural 
performance o f construction products, including health and safety aspects, this proposal lays 
down sustainability requirements for construction products. However, specific circumstances 
may justify targeted intervention on construction products under the ESPR. This wil l be the 
                                                 
17 [placeholder: 2nd in-depth review]  EN 5  EN case for example for energy related construction products, which are already regulated under 
the existing Ecodesign Directive , such as solid fuel stoves . 
‘A New Industrial strategy for Europe’ Communication18 of March 2020 sets out a plan for 
EU in dustry to lead the twin green and digital transitions, drawing on the strength of its 
traditions, its businesses and its people to enhance competitiveness. To deliver on these goals, 
an industrial ecosystem -based approach was defined in order to better con nect the needs and 
support the key players in each value chain. The Communication updating the 2020 New 
Industrial strategy19 identified construction as one of the priority ecosystems that face the 
most important challenges meeting climate and sustainabilit y goals and embracing the digital 
transformation, and whose competitiveness depends on this. The Commission has been 
developing a transition pathway for the construction industry ecosystem, in a process of co -
creation with industry, stakeholders and Member  States, as part of the updated Industrial 
Strategy. As part of this work, the Commission published on 15 December 2021 a staff 
working document20 that proposes scenarios for construction to become more green, digital 
and resilient. An enabling and regulato ry framework fit for the future, that fosters investments 
and the building of trust is key to the ecosystem's resilience and a prerequisite for the twin 
transition.  
The SME Strategy for a sustainable and digital Europe21 stressed the important role of the 
SMEs in driving the green transition and reiterated the need to equip them with instruments to 
understand and mitigate environmental risks, including in the construction sector.  
‘An EU strategy on Standardisation: Setting global standards in support of a re silient, green 
and digital EU single market’22 identified construction as one of the most pertinent areas 
where harmonised standards could improve competitiveness and reduce market barriers.  
2. LEGAL  BASIS,  SUBSIDIARITY  AND  PROPORTIONALITY  
• Legal  basis  
The proposal is based on Article 114 of the Treaty on the Functioning of the European 
Union  (TFEU) because the main purpose of the Regulation is to remove obstacles to the 
circulation of construction products within the single market.  
• Subsidiarity  (for non-exclusive  competence)  
Without an EU regulation, the shortcomings  of the CPR cannot be remedied by national laws,  
as the Member States have no powers to amend the CPR framework nor for correcting its 
failures through national measures. Currently, i n the absence of appropriate standardisation at 
the EU, environmental and safety performances of construction products are addressed in 
different ways at the national level, leading to a divergence in the requirements for economic 
operators.  EU action is therefo re justified and necessary.  Only at the EU level can the 
conditions to ensure the free circulation of construction products be set while  ensuring a level 
playing field and pursuing sustainability goals.  
                                                 
18 COM(2020) 102 final, ‘The 2020 Industrial  Policy package’ includes also a dedicated Strategy for 
small and medium -sized enterprises (SMEs; COM(2020) 103 final) and Specific actions to address barriers to a 
well-functioning the Single Market and improve enforcement of commonly agreed rules, COM(20 20) 93 final 
and COM(2020) 94 final  
19 COM(202 1) 350 final, Updating the 2020 New Industrial Strategy: Building a stronger Single Market 
for Europe’s recovery.  
20 SWD(2021) 419 final , https://ec.europa.eu/docsroom/documents/47996  
21 COM(2020) 103 final.  
22 COM(2022) 31 final.  EN 6  EN As for the added value of action at the EU level , the  proposal will contribute to the 
improvement of the overall functioning of the single market for construction products by 
increasing legal certainty as well as predictability, improving the level playing field for the 
construction ecosystem and addressing the aspects of climate and environmental performance 
and circularity of construction products, which can only be tackled at the EU level.  
• Proportionality  
The proposal is consistent with the principle of proportionality because it does not go beyond 
what is necessary to achieve a well -functioning single market for construction products and is 
proportionate in achieving the intended objective.  
The proposal aims at addressing the identified shortcomings of the CPR and the objectives of 
the European Green Dea l and the Circular Economy action plan  in relation to construction 
products, while building on the core principles of the CPR (including the harmonised 
standards developed by the European Standardisation Organisations). Addressing and 
improving the core fu nctioning of the CPR framework, in particular the standardisation 
process, is imperative in delivering of the policy objectives. Some of the new features such as 
product requirements or Commission acts containing technical specifications will be applied 
only when needed for specific products.  
The proposal addresses all the problems that have been identified in the most effective 
and efficient way . It proposes a future proof and comprehensive regulatory framework, 
integrates fall -back solutions and new regul atory tools that can be activated, if a specific 
product category or group, based on a detailed analysis needs it. Given the broad variety of 
construction products, only this approach can ensure that the goals of the proposal are 
effectively pursued withou t creating unnecessary burdens for economic operators.  
• Choice  of the instrument   
The proposal takes the form of Regulation , repealing the CPR currently in force. It ensures a 
common implementation of the proposed legislation across  the EU.  
3. RESULTS  OF EX-POST  EVALUATIONS,  STAKEHOLDER  
CONSULTATIONS  AND  IMPACT  ASSESSMENTS  
• Ex-post evaluations/fitness  checks  of existing  legislation  
In 2016, the Commission published a supporting study for the Fitness Check on the 
construction sector.23 The study assessed th e coherence of selected EU acts applying to the 
construction sector and considered the legal overlaps between the CPR and Ecodesign 
Directive (2009), and Energy Labelling Directive. It also confirmed the inconsistencies in 
definitions, lack of cross -refere nces and overlaps between the three pieces of legislation.  
In 2019, the Commission published the evaluation24 of the CPR. The overarching issues 
identified in this evaluation, in order of importance, were (i) underperforming standardisation 
system at the core of the CPR, (ii) ineffective and widely varying (from one Member State to 
another)  market surveillance an d (iii) less simplification achieved by the CPR than expected.  
The conclusions of both documents have been taken into account in the proposal.  
                                                 
23 Economisti Associati, Milieu & CEPS (2016). Supporting study for the Fitness Check on the 
construction sector: EU internal market and energy efficiency legislation.  
24 Evaluation of Regulation (EU) No 305/2011 laying down harmonised co nditions for the marketing of 
construction products and repealing Council Directive 89/106/EEC, SWD(2019)1770.  EN 7  EN • Stakeholder  consultations  
Throughout the preparation of the proposal, various stakeholders were consulted: Memb er 
States, European technical bodies and associations, national authorities, 
companies/manufacturers, importers and distributors, consumer associations, market 
surveillance authorities, European/international organisations (industry associations), notified  
bodies, workers/professionals’ associations and others, such as individuals and other NGOs.  
In line with the EU better regulation guidelines, several consultation activities took place. A 
brief description is set out in the bullet points below.  
 Horizontal  online survey (survey on horizontal issues)25 
The horizontal survey targeted selected experts and aimed at identifying how to address the 
various horizontal issues identified during the evaluation of the CPR in order to collect input 
to be used to further refine of the policy options.  
 Two dedicated meetings with Member States’ experts  on the CPR review took 
place in March and September 2020  
The purpose of the meetings was to discuss about the process and the refined indicative 
options paper26, as well as to collect Member States’ views on the following topics: scope and 
relationship with other EU law, harmonised sphere, national law and information needs, 
Annex I (basic requirements for construction works) and environmental requirements.  
 Company survey27 
The p urpose of the company survey was to assess how the refined indicative policy options 
were expected to impact companies  in the European construction products sector. The survey 
targeted economic operators in the sector.  
 Public  consultation28 
The public consultation showed that all stakeholder groups strongly rejected a repeal of the 
CPR (policy option E). In most stakeholder groups, the largest groups were in favour of 
maintaining the current CPR (i.e. baseline policy option A). A substantial part of the 
stakeholder groups preferred a revision of the CPR (i.e. policy options B, C or D)29.  
In addition, the company survey showed that although economic operators were broadly in 
favour of the current CPR, they highlighted a number of issues that ne eded to be addressed, 
which required a revision . Primarily, this concerned the standardisation process.  
                                                 
25 Copenhagen Economics (CE), Danish Technological Institute (DTI) and Office for Economic Policy 
and Regional Development Ltd. (EPRD) (2021). Sup porting study for the impact assessment of the CPR 
Review, Annex VI: Results of the horizontal survey (Inception report). The survey was conducted between 11 
October 2019 and 31 October 31 2019.  
26 Refined indicative options paper (2020), https://ec.europa. eu/docsroom/documents/40762.  
27 Copenhagen Economics (CE), Danish Technological Institute (DTI) and Office for Economic Policy 
and Regional Development Ltd. (EPRD) (2021). Supporting study for the impact assessment of the CPR 
Review, Annex VII: Results of t he Company Survey (Second Progress Report). The survey was conducted 
between 10 August 2020 and 25 October 2020.  
28 Copenhagen Economics (CE), Danish Technological Institute (DTI) and Office for Economic Policy 
and Regional Development Ltd. (EPRD) (2021). S upporting study for the impact assessment of the CPR 
Review, Annex VIII: Results of the open public consultation survey (First Findings Report). The survey was 
conducted between 4 September 2020 and 25 December 2020.  
29 Copenhagen Economics (CE), Danish Tec hnological Institute (DTI) and Office for Economic Policy 
and Regional Development Ltd. (EPRD) (2021). p.68.  EN 8  EN • Collection  and use of expertise  
The quantitative and qualitative analysis of the impacts of different options was supported by 
a specific technical su pport contract.30  
The study collected and complemented available evidence to analyse the policy options and 
assess their possible impacts. The policy options have been explored to assess preferences and 
impacts mainly through the survey and public consultation findings.  
Moreover, additional expertise was identified through relevant reports, studies and meetings 
with the Member State representatives, business associations, companies, technical bodies and 
testing bodies.  
• Impact  assessment  
The Commis sion carried out an impact assessment on the revision of the CPR. After 
addressing the Regulatory Scrutiny Board’s comments issued in its first negative opinion of 
26 July 2021, the impact assessment received a positive opinion with reservations on 
26 January 2022. The Board’s opinions as well as the final impact assessment and its 
executive summary are published together with this proposal.  
The impact assessment examined and compared five policy options to address the problems 
relating to the CPR:  
Option A  – Baseline (no revision)  
The baseline scenario implied no revision of the Regulation but improving implementation 
through guidance and other soft law measures. The baseline scenario meant therefore a 
continuation of the harmonisation system and its implem entation.  
Option B – Repairing the CPR  
Option B aimed at addressing the issues highlighted in the evaluation with the following 
actions:  
 Address the challenges of the technical harmonisation system, option B 
introduces an empowerment for the Commission to  rely on a ‘fall -back’  
solution in case the standardisation system is not delivering standards in time 
and of sufficient quality.  
 Continued existence of national requirements and marks will be mitigated by 
clearly defining the area regulated at the EU leve l. 
 Enable a harmonised framework to assess and communicate the 
environmental performance  of construction products.  
 Set up a digital structure compatible with the Digital Product Passport . 
 Promote the reuse  of construction products.  
 Enhance market surveilla nce by strengthening enforcement powers and 
aligning the performance of different market surveillance authorities and 
                                                 
30 “Supporting study for the Impact Assessment for the CPR review”, Contract No 575/PP/2016/FC, led 
by Civic Consulting GmbH.  EN 9  EN possibly setting a minimum number of checks and minimum level of human 
resources to be deployed in the market surveillance of construction  products.  
 Enhance common decision -making  amongst all authorities and notified bodies.  
 Mitigate overlaps with other EU legislation by introducing collision rules  and 
ensuring coherence.  
 Introduce a specific marking  for construction products (European Cons truction 
Product – ECP) to clarify that the marking refers to performance declaration and 
not to conformity . 
 Targeted provisions and  an empowerment for Member States to exempt 
conditionally certain micro -enterprises from the CPR obligations.  
Option C – Focusing the CPR  
This option builds on the elements described in option B. However, in option C, the CPR’s 
scope of application is limited to certain areas , depending on the following three sub -
options which can be combined:  
 Sub-option C1: Harmonised standards and Commission Acts containing 
technical specifications would include only assessment methods for performance 
calculation, with no performance threshold levels, classes or other requirements 
to be established at EU level.  
 Sub-option C2: The CPR’s  scope would focus on the core areas only, according 
to the Member States’ regulatory needs, the relevance for the environment or for 
product safety and the market relevance.  
 Sub-option C3: Member States would have the option to offer an alternative path 
to market access based on national regulations and not relying on harmonised 
standards and Commission Acts containing technical specifications.  
Option D – Enhancing the CPR  
Building on option B, requirements dealing with product inherent characteristics  may also 
be introduced to protect public health, safety and the environment. Such product -specific 
requirements can be formulated via three sub -options/approaches (sub -options D1 and D2 
could be combined):  
 Sub-option D1: new legislative framework approach for  products requirements 
(relying on standardisation developed by the European Standardisation 
Organisations);  
 Sub-option D2: Common technical specifications approach (developed by or 
under the supervision of the Commission);  
 Sub-option D 3: hybrid between D 1 and D2.  
Option E - Repealing the CPR  
The CPR would be repealed. Trade in construction products would rely on mutual 
recognition.  
The preferred option  EN 10  EN Option D was found to be the preferred option because it paves the way for the objectives  and 
the main shortcomings of the CPR framework  to be addressed with the highest degree of 
effectiveness and coherence. This ensures the free movement of construction products within 
the single market and fully responds to the ambitions stemming from the E uropean Green 
Deal and Circular Economy action plan . The main changes are as follows :31 
 Provide a clearer definition of the scope and inclusion of reused and 3D -printed 
construction products and pre -fabricated houses.  
 Introduce a new empowerment for the Co mmission to (1) adopt technical 
specifications via Commission acts for cases where the standardisation system is 
not delivering on time and of sufficient quality; (2) set product requirements.  
 Introduce environmental, functional and safety product requirem ents for 
construction products.  
 Establish a ‘harmonised zone’, a clearer division of Member States’ roles and a 
mechanism to gather information on to exchange proactively on Member States’ 
regulatory needs or measures and address those in the respect of th e single 
market objectives.    
 Introduce a new obligation for manufacturers to provide a declaration of 
conformity (compliance with product requirements) in addition to a declaration 
of performance; possibility to provide information via electronic means.  
 Provide a list of general sustainability requirements (to be further defined per 
product family in Commission acts/harmonised standards).  
 Introduce and improve simplification and exemption provisions for micro -
enterprises.  
 Strengthen enforcement powers of market surveillance authorities.  
 Extending the role of the product contact points for construction to support 
economic operators.  
 Establish a new Commission system allowing any natural or legal person to 
share complaints or reports related to possible breaches of the Regulation.  
 Align with the Ecodesign for Sustainable Products Regulation on climate and 
environmental sustainability and on the Digital Product Passport.  
Option D had envisaged replacing the CE marking by a ne w label (‘European Construction 
Product’ or ‘ECP’ marking). However, there is also a risk that such a change could increase 
the unclarity for economic operators instead of reducing it, especially during the transition 
period while two markings would have b een required. Therefore, the CE marking will be kept 
and manufacturers will have to affix it on products for which they have drawn up a 
declaration of performance or conformity.  
While the study supporting the impact assessment concluded that option D may l ead to 
additional costs for the economic operators, mainly due to the introduction of environmental 
performance information declaration, there were certain limitations linked to the data used. 
Because of the additional simplification implied by option D, i t may actually bring about net 
reduction of around EUR 180 million in terms of administrative burden (see Annex III to the 
impact assessment report).  
                                                 
31 See the detailed explanation of the specific provisions of the proposal for more information . EN 11  EN • Regulatory  fitness  and simplification  
The proposal will minimise compliance costs through  a well -performing standardisation 
process, by clearer provisions, incentivising re -use of products, less additional national 
requirements and creating a level playing field for all manufacturers, especially SMEs, in all 
Member States. Moreover, the planne d work sharing and the technical fine -tuning with the 
Ecodesign for Sustainable Products Regulation will avoid unnecessary costs  for businesses, 
especially SMEs.  
The proposal makes maximum use of the potential of digitalisation to reduce administrative 
burden , considering that the CPR does not provide for the application of digital tools . All of 
the proposal’s related information and documentation may be processed in digital form (e.g. 
Digital Product Passport) and stored, shared and accessed durably in an information system. 
This will lead to greater transparency along supply chains, allow construction products’ data 
to be stored in building logbooks and used for calculations required under other legislation 
(e.g. Energy Performance of Buildings Directiv e). This will also facilitate market 
surveillance.  
Further reducing the administrative burden for manufacturers will be achieved by eliminating 
the overlap between the CE marking and the declaration of performance . Member States will 
also be able to exempt  micro -enterprises not trading across borders from the obligations.  
By introducing a new empowerment for the Commission to introduce a minimum number of 
checks to be performed by market surveillance authorities, the proposal aims to improve the 
uneven appl ication of the CPR rules on the market. This may require more capacity for 
market surveillance authorities, but will allow better support for Member States in exercising 
their responsibility to ensure the safety and sustainability of construction works.  
• Fundamental  rights  
The proposal has no impact on the protection of fundamental rights.  
4. BUDGETARY  IMPLICATIONS  
The proposal will require additional resources to effectively manage the CPR framework. The 
requested increase in staff needs of 7 FTE32 is proportionate to the objectives. Commission 
staff will carry out the following main activities : 
 Develop and implement the CPR;  
 Develop secondary legislation (implementing and delegated acts);  
 Develop and manage standardisation requests and Commission acts;  
 Assess and cite harmonised technical specifications;  
 Develop common technical specifications;  
 Liaise with the European Standardisation Organisations on pre -standardisation 
work and standardisation;  
 Engage with stakeholder on technical issues;  
 Provide  support to Member State authorities;  
                                                 
32 See the legislative financial statement annexed.  EN 12  EN  Provide training to Member States authorities, notified bodies and other bodies;  
 Provide guidance to Member States and businesses.  
These activities are of a legal, technical and administrative nature and need to be ca rried out 
within (or, in some cases, under the supervision of) Commission departments. In this context, 
staff numbers in charge of managing the current CPR framework would need to be increased 
and supported by other Commission departments  (i.e. JRC) or by use of outsourcing. In 
particular, for the scientific and technical support to the preparation of delegated and 
implementing acts and to horizontal tasks. The degree to which the proposal will be able to 
respond to the objectives will largely dependent on the Commission resources available.  
5. OTHER  ELEMENTS  
• Implementation  plans  and monitoring,  evaluation  and reporting  arrangements  
The Commission will monitor the implementation, the application and compliance with these 
new provisions  to assess their effectiveness. Policy monitoring and evaluation related to the 
proposal would be centred around the core issues to be addressed by the revision: functioning 
of the standardisation process, availability of environmental and product safety i nformation, 
and environmental and product safety requirements incorporated in technical specifications, 
impacts on the functioning of the market surveillance.  
It is proposed that an evaluation of the proposal should take place no sooner than 8 years after  
the date of application , allowing the results and impacts of the new rules to take shape.  
• Explanatory  documents  (for directives)  
As the legal instrument is a Regulation, which is directly applicable in the Member States, 
there is no need for an explanatory document . 
• Detailed  explanation  of the specific  provisions  of the proposal  
Chapter I of the Regulation contains the general provisions.  
Article 1 describes the subject matter, explicitly referring to environmental, climate and safety 
performan ce of construction products in relation to their essential characteristics, as well as to 
environmental, climate, functional and safety product requirements.  
Article 2 defines the scope, including construction products, 3D -printing related products and 
services, key parts, part or materials if requested by the manufacturer, kits or assemblies 
covered harmonised technical specification or EADs, pre -fabricated one -family houses. In 
specified cases, the Regulation also applies to used products. Compared to the CPR, the scope 
is amended to avoid overlaps e.g. with the Drinking Water Directive33 and the Urban Waste 
Water Directive.34  
Article 3 lays down the definitions.  
Article 4 defines the basic work requirements and modalities to establish the essential 
characteristics (performance -based, e.g. recycled content) of construction products.  This will 
be done based on the basic requirements for construction works set out in Part A of Annex I 
and, together with assessment methods, will form part of standards render ed mandatory for 
purposes of application of this Regulation . The Commission is also empowered to adopt 
                                                 
33 Directive (EU) 2020/2184 of the European Parliament and of the Council of 16 December 2020 on the 
quality of water intended fo r human consumption, EUR -Lex - 32020L2184 - EN - EUR -Lex (europa.eu).  
34 Council Directive 91/271/EEC of 21 May 1991 concerning urban waste -water treatment, EUR -Lex - 
31991L0271 - EN - EUR -Lex (europa.eu).  EN 13  EN delegated acts defining thresholds and classes of performance in relation to the essential 
characteristics.  In addition, in case of delays or deficiencie s of the standardisation process, the 
Commission is empowered to adopt delegated acts containing technical specifications. 
Furthermore, the Commission is empowered to amend Annex I Part A, through delegated 
acts, in the light of technical progress or to co ver new risks and environmental aspects.   
Article  5 states that all products covered by the Regulation need to satisfy the generic, directly 
applicable requirements and the respective product family or category requirements, set out in 
Annex I Part D. It a lso gives the empowerment to the Commission to adopt delegated acts 
defining more precisely product requirements according to Annex I Part B, C and D. These 
delegated acts may be further complemented by voluntary harmonised standards developed 
under a stan dardisation request. In addition, the Commission is also empowered to amend 
Annex I Part B, C and D, through delegated acts, in the light of technical progress or cover 
new risks and environmental aspects.   
Article 6 provides an empowerment for the Commiss ion to determine the applicable 
assessment and verification system, including the additional steps needed to counter 
systematic non -compliances.  
Article 7 defines the ‘harmonised zone’, as opposed to the areas under the responsibility of 
Member States. In  addition, it sets up a mechanism to deal with Member States imperative 
regulatory needs on health, safety or protection of the environment, including climate.  
Article 8 provides for an empowerment to adopt delegated acts determining to avoid double 
asses sment of products under this Regulation and other Union law.  
Chapter II (Articles 9 to 18) sets out the procedure, declarations and marking.  
Articles 9 to 12 govern the declaration of performance  (DoP) and its applicable exemptions 
(including for micro -enterprises who do no trade cross -border, under certain conditions: for 
remanufactured products or for parts of construction works prepared for re -use or 
remanufactured ).  
Articles 13 and 14 lay down rules on declaration of conformity (DoC, conformity with 
product requirements pursuant to Article 5). To minimise the administrative burden, the DoC 
shall  be combined with the DoP.  
Under Article 15, a DoP and a DoC can be supplied in an electronic format or via a 
permalink. They shall  be su pplied in the languages required by the Member States where the 
manufacturer intends to make the product available.  
Articles 16 to 18 set  the general principles and conditions for the CE marking and for use of 
other markings.  
Chapter III (Articles 19 to 3 3) defines the rights and obligations of economic operators. It sets 
out general and detailed obligations for manufacturers, including  on how to use the relevant 
harmonised technical specification (harmonised standards and delegated acts) to assess and 
declare the performance of the product.  
In particular, Article 22 defines the environmental obligations for manufacturers including the 
obligation to declare the mandatory sustainability characteristics set out in  Annex I Part A 
Section 2, the global warming potential, and performance -based requirements or the minimum 
recycled content. Following the adoption of delegated acts for a given product family, the 
manufacturers are also required to  EN 14  EN – Design and manufacture products and their packaging in such a way that their 
overall  environmental and climate sustainability  reaches the state of the art 
level . 
– Give preference to recyclable materials and materials produced from recycling;  
– Respect the minimum recycled content o bligations and other limit values for 
environmental sustainability contained in harmonised technical specifications;  
– Prevent premature obsolescence of products, use reliable parts and design 
products in such a way that their durability does not fall below the average 
durability of products for their respective category;  
– Design products in such a way that they can be easily repaired, refurbished and 
upgraded.  
Further Articles define the specific obligations of authorised representatives (Article 23), 
importe rs (Article 24) such as to ensure that products remain safe while under their control, to 
check that the manufacturer has fulfilled their general obligations, distributors (Article 25), 
obligations of fulfilment service providers, brokers, online market pl aces, online sellers and 
online shops (thereby integrating them into a compliance -ensuring architecture) (Article 27) 
and 3D -printing providers (Article 28). It thus introduces provisions allowing the framework 
to address also the new business models. It a lso introduces new specific obligations of 
economic operators de -installing or dealing with used products for re -use or remanufacturing 
(Article 29) and obligations for double use and pseudo products (Article 31). It regulates 
online or distance sales of c onstruction products (Article 32).  
Chapter IV (Articles 34 to 42) contains rules on construction products standards  and European 
assessment documents (EADs). It includes mandatory application for all performance -based 
requirements and voluntary for inhere nt product requirements. It establishes rules for the 
EADs and their relationship with the DoP and DoC (Article 35), EADs development, 
adoption (Article 36) and publication (Article 38), the content requirements for the EADs 
(Article 40) and for addressing  the unjustified proliferation of EADs (Article 36). It also 
governs rules for dispute resolution in cases of disagreement among technical assessment 
bodies ( TABs) (Article 39).   
Chapter V (Articles 43 to 46) establishes requirements for designating authorities in charge of 
TABs and rules on how to designate, monitor and evaluate them. It also introduces 
empowerments to the Commission to lay down the requirements for TABs in terms of staffing 
and to set out the coordinatio n tasks of TABs.  
Chapter VI (Articles 47 to 63) describes the role of notifying authorities (Article 48) 
requirements applicable to these authorities (Article 49), including most important operational 
and information obligations. It establishes the require ments for the notified bodies (Art. 50), 
their operational obligations (Article 60) and information obligations (Article 61) and lists the 
obligations of a notified body with regard to its subcontractor or subsidiary (Article 53). It 
also lays down the rul es on the use of facilities other than the testing laboratory of the notified 
body (Article 54). A procedure for Member States and the Commission raising formal 
objections to harmonised standards for accreditation is envisaged (Article 52).  
Chapter VII (A rticles 64 to 67) provides for simplified procedures. In order to reduce the 
administrative burden, particularly for SMEs and micro -enterprises, this chapter lays down 
simplification procedures, including Article 64 on using appropriate technical documenta tion, 
Article 65 allowing micro -enterprises to use the more lenient verification system, Article 66 
reducing the requirements for custom -made non -series products installed in an identified EN 15  EN single construction work, Article 67 on the recognition of the asse ssment and verification of 
another notified body.  
Chapter VIII (Articles 68 to 76) sets out rules on market surveillance and safeguard 
procedures. Article  68 empowers the Commission to set up a system allowing any natural or 
legal person to share complain ts or reports on possible non -compliances with this Regulation.  
Article 70 provides for how to deal with non -compliance, Article 71 for the EU safeguard 
procedure for cases in which the Member States can validly refer to imperative grounds of 
health, safe ty or protection of the environment. Article 72 sets out rules to deal with 
complying products presenting a risk. Article 73 contains an empowerment for the 
Commission to lay down a minimum number of checks to be performed by market 
surveillance, as well a s to lay down minimum human resources to be deployed by the market 
surveillance authorities for construction products. Article 74 provides for market surveillance 
coordination and an administrative cooperation group (ADCO). To strengthen the capacities 
of market surveillance authorities, market surveillance authorities have the right to recoup the 
costs of inspections and testing from economic operators (Article 75). Market surveillance 
authorities are required to report annually to the Commission on their activities (Article 76).  
Chapter IX (Articles 77 to 81) defines the principles on information and administrative 
cooperation. It is introduced to strengthen the overall system and the application of the 
Regulation, to avoid diverging decisions that could create an uneven playing field.  
In line with these objectives, Article 77 establishes and maintains an information and 
communication system to ensure a harmonised interpretation and application of this 
Regulation.   
Article 78 empowers the Commission to s et up an  EU construction products database or 
system to facilitate the access to product information (especially DoP, DoC and instructions 
for use). Article 79 revises the rules on the product contact points for construction in order to 
better support the economic operators. Article 80 requires the market surveillance authorities, 
product contact points for construction , designating authorities, TABs, notifying authorities 
and notified bodies to remain up -to-date in their area of work and to receive training on the 
common interpretation and application of the rules. It also requires the Commission to 
organise the trainin g at least once a year. Article  81 allows Member States to jointly designate 
authorities to fulfil their obligations under the Regulation and to share resources and 
responsibilities.  
Chapter X (Article 82) sets the conditions for a cooperation with non -EU countries, also with 
a view of limiting the negative effects of non -compliance of economic operators based in 
these countries on the single market.  
Chapter XI (Articles 83 and 84) addresses Member States’ incentives and green public 
procurement. Article 83 sets out the approach for the Member States to incentivise the use of 
more sustainable construction products. Article 84 empowers the Commission to develop 
sustainability requirements for green public procurement of construction products.  
Chapter XII ( Article 85) empowers the Commission to determine whether a specific item is a 
construction product . 
Chapter XIII (Article 86) amends Regulation (EU) 2019/1020 so that Regulation (EU) 
2019/1020 also applies to construction products.  
Chapter XI V (Articles 87 to 94) sets out the final provisions. Article 87 lays down the 
conditions for the adoption of delegated acts in the Regulation. Article 88 mandates the role 
of the Standing Committee on Construction. Under Article 91, Member States shall  lay down EN 16  EN the rule s that apply to penalties for breaching with the Regulation. Article 91 requires an 
evaluation of the Regulation no sooner than eight years after the date of application of the 
Regulation. Article  93 provides transitional provisions, permitting the phased transfer of all 
harmonised standards from the CPR to the new Regulation and thus a smooth phasing -in for 
economic operators. Article 94 provides for the date of entry into force and the date of 
application of the Regulation.  
Similarly to the CPR, the enacting terms of the proposal are accompanied by several annexes, 
namely:  
– Annex I on the basic requirements for construction works (Part A), as in the 
CPR, and on new elements: performance -based product requirements (Part B), 
inherent product requirements, particularly related to safety and environment 
(Part C) and information requirements (Part D);  
– Annex II on the content of the declaration of performance  (DoP) and 
declaration of conformity  (DoC);  
– Annex III on the procedure for  adoption of a European assessment document 
(EAD);  
– Annex IV on the product areas and requirements for technical assessment 
bodies (TABs);  
– Annex V on the Assessment and Verification Systems;  
– Annex VI on the essential characteristics for which a reference to  a relevant 
harmonised technical specification is not required in the context of notification 
of notified bodies;  
– Annex VII on the correlation table.  EN 17  EN 2022/0094 (COD)  
Proposal for a  
REGULATION OF  THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  
laying down harmonised conditions for the marketing of construction products, 
amending Regulation (EU) 2019/1020 and repealing Regulation (EU) 305/2011  
(Text with EEA relevance)  
THE EUROPEAN PARLIAMENT AND THE CO UNCIL OF THE EUROPEAN UNION,  
Having regard to the Treaty on the Functioning of the European Union, and in particular 
Article 114 thereof,  
Having regard to the proposal from the Commission,  
After transmission of the draft legislative act to the national par liaments,  
Having regard to the opinion of the European Economic and Social Committee  (1), 
Acting in accordance with the ordinary legislative procedure  (2), 
Whereas:  
(1) Regulation (EU) No 305/2011 of the European Parliament and of the Counci l was 
adopted in the context of the internal market, in order to harmonise conditions for the 
marketing of construction products and to remove obstacles to trade in construction 
products between Member States.  
(2) In order for a construction product to be  placed on the market, the manufacturer is 
obliged to draw a declaration of performance for such product. The manufacturer 
assumes the responsibility for the conformity of the product with such declared 
performance. Certain exemptions to this obligation ar e provided.   
(3) Experience with the implementation of Regulation 305/2011, the evaluation conducted 
by the Commission in 2019  as well as the report on the European Organisation for 
Technical Assessment have shown the underperformance of the framework in various 
respects, including as regards the development of standards and the market 
surveillance. In addition, feedback received in the course of the evaluation has pointed 
to the need of reducing the overlaps, contradictions and repetitive requirements, 
including in relation to other Union legislation, in order to provide more legal clarity 
and limit the administrative burden on the economic operators.  It is therefore 
necessary to lay down more specific and detailed legal obligations for economic 
operators,  as well as new provisions including as regards technical specifications and 
market surveillance, so that legal certainty is increased and that diverging 
interpretations are avoided.  
(4) It is necessary to establish well -functioning information flows, incl uding via electronic 
means, to ensure that coherent and transparent information about construction 
products performances is available along the supply chain. This is expected to increase 
transparency and to improve efficiency in terms of information transf er. Ensuring 
digital access to comprehensive information about construction products would EN 18  EN contribute to the digitalisation of the construction sector altogether, making the 
framework fit for the digital age. Access to reliable and durable information woul d 
also mean that economic operators and other actors do not contribute to each other’s 
non-compliance . 
(5) The European Parliament resolution of 10 March 2021 on the implementation of 
Regulation (EU) No 305/201135 welcomed the Commission’s objective to make the 
construction sector more sustainable by addressing the sustainability performance of 
construction products in the revision of Regulation 305/2011, as announced in the 
Circular Economy Action Plan. The Counci l Conclusions on the Circular Economy in 
the Construction Sector from 28 November 201936 urged the Commission to facilitate 
the circularity of construction products when revising the Construction Products 
Regulation (EU) No 305/2011. The Commission Communic ation ‘ A New Industrial 
Strategy for Europe ’37 stressed the need to address the sustainability of construction 
products and highlighted a more sustainable built environment as essential for 
Europe’s transition towards climate -neutrality. The Commission Comm unication 
‘Updating the 2020 New Industrial Strategy: Building a stronger Single Market for 
Europe’s recovery’38 identified construction as one of the priority ecosystems that face 
the most important challenges meeting climate and sustainability goals and e mbracing 
the digital transformation, and on which the competitiveness of the construction sector 
depends. It is therefore appropriate to lay down rules for declaring environmental and 
sustainability performance of construction products, including the possi bility of 
establishing relevant thresholds and classes.  
(6) Similarly, the 2022 EU Strategy on Standardisation39  identified construction as one of 
the most pertinent areas where harmonised standards could improve competitiveness 
and reduce market barriers .  
(7) Pursuing the environmental goals, including  the fight against  climate change , makes it 
necessary to establish new environmental obligations and to lay the ground for the 
development and the application of an assessment method for the calculation of the 
environmental sustainability of construction products. For the same reason, it is 
necessary to extend the range of regulated economic operators, since distributors, 
suppliers and manufacturers all have a role to play in the calculation of the 
environme ntal sustainability in the construction sector. That range should therefore be 
extended into two directions, downstream from the distributors to the economic 
operators preparing re -use and remanufacturing of construction products and upstream 
from the manu facturer over the suppliers of intermediate products and/or raw 
                                                 
35 European Parliament resolution of 10 March 2021 o n the implementation of Regulation (EU) No 
305/2011 laying down harmonised conditions for the marketing of construction products (the 
Construction Products Regulation) (2020/2028(INI))  
36 Circular Economy in the Construction Sector – Council Conclusions, ad opted 28 November 2019, 
14653/19  
37 Communication from the Commission to the European Parliament, the European Council, the Council, 
the European Economic and Social Committee and the Committee of the Regions A New Industrial 
Strategy for Europe COM(2020)10 2 final.  
38 Communication from the Commission to the European Parliament, the European Council, the Council, 
the European Economic and Social Committee and the Committee of the Regions Updating the 2020 
New Industrial Strategy: Building a stronger Single Ma rket for Europe’s recovery COM(2021)350 
final.  
39 Communication from the Commission of 2 February 2022 to the European Parliament, the European 
Economic and Social Committee and the Committee of the Regions, ‘An EU Strategy on 
Standardisation Setting global  standards in support of a resilient, green and digital EU single market’, 
COM/2022/31 final  EN 19  EN materials. Moreover,  certain operators coming into play in the context of dismantling 
used products or other parts of construction works or remanufacturing and re -use 
thereof need to contribut e to a safe second life of construction products.  
(8) To ensure safety and functionality of construction products and, by extension, of 
construction works, i t is necessary to avoid that items that are not intended by their 
manufacturers to be construction products are placed on the market as construction 
products. Importers, distributors and other downstream economic operators should 
therefore ensure that those pseudo construction products are not sold as construction 
products. Moreover, certain service pro viders such as fulfilment service providers or 
3D-printing service providers should not contribute to the non -compliances of other 
economic operators. It is therefore necessary to render relevant provisions applicable 
also to these services and their provi ders.  
(9) It is possible that different economic operators provide a 3D -printing dataset, a 3D -
printing machine or mould, and the material to be used therein, leading to a situation 
where none of those operators would be responsible for the safety and appr opriate 
performance of the 3D -printed product. To avoid possible safety risks in this respect, it 
is therefore necessary to lay down provisions for 3D -printing datasets, materials 
intended to be used for 3D -printing and for 3D -printing services that permit  3D-
printing of construction products, so that, by respecting these provisions, the economic 
operators jointly reach a level of safety similar to the one ensured for ordinary 
construction products.  
(10) In order to ensure safety and protection of the envir onment and to close a regulatory 
loophole that would otherwise exist, it is necessary to clarify that construction 
products manufactured on the construction site for immediate incorporation into the 
construction works are subject to the same rules as other  construction products. Micro -
enterprises, however, often individually manufacture and install products on site. 
Subjecting those micro -enterprises under all circumstances to the same rules as other 
enterprises would disproportionally affect those micro -enterprises. It is therefore 
necessary to enable Member States to exempt micro -enterprises from drawing up a 
declaration of performance in specific situations, where the interests of other Member 
States are not affected.  
(11) Ensuring the free movement of kits or assemblies of construction products on the 
internal market will bring tangible benefits to citizens, consumers and businesses, 
particularly . However, for reasons of legal certainty, their composition should be 
precisely defined in harmonised technica l specifications or European assessment 
documents.  
(12) Creating a Union market for small prefabricated one -family houses has a potential to 
reduce the price of housing and to have positive social and economic effects. Fairness 
to consumers remains a prior ity, specifically but not limited to ensuring affordability 
of housing in the context of the green transition, in line with Proposal for Council 
Recommendation on Ensuring a fair transition towards climate neutrality40, in 
particular recommendations 7 a)-c). It is therefore necessary to lay down harmonised 
rules for such small houses. However, small houses are also construction works, for 
which the Member States are competent. As it might not be possible to integrate 
cumulatively all national requiremen ts for small prefabricated one -family houses into 
the future harmonised technical specifications, Member States should have the right to 
                                                 
40 Proposal for a Council Recommendation  on Ensuring a fair transition towards climate neutrality 
COM(2021) 801final 2021/0421 (NLE)   EN 20  EN opt out of the application of rules that are to apply to those pre -fabricated one -family 
houses.  
(13) The compliance of  construction products with Union legislation often depends on the 
compliance of their key parts with that legislation. However, because key parts are 
often integrated into various construction products, the protection of safety and of the 
environment, inc luding climate, is better achieved when those key parts are assessed 
upstream, that is when the performance and conformity of key parts will be assessed 
beforehand and independently from the assessment of the final construction product 
into which they are integrated. Similarly, market surveillance becomes more efficient 
when non -compliant key part s can be identified and targeted. Hence, it is necessary to 
lay down rules applicable to key parts of construction products.  
(14) Construction products that have a lready been assessed and are reused should not be 
subject to the rules that apply to new construction products. However, used 
construction products that have never been placed on the Union market before, should 
be subject to the same rules as new construct ion products, given that such products 
have never been assessed.  
(15) To ensure that safety and functionality of construction products is safeguarded, rules 
applicable to new construction products should also apply to used construction 
products where the i ntended use is changed, except to decoration purposes, for used 
construction products with unclear initial intended use, for used construction products 
which have undergone an important transformative process  and for used construction 
products for which an  economic operator claims additional characteristics or the 
fulfilment of product requirements.  
(16) The fact that used construction products should, in principle, not undergo a new 
assessment, should not prevent the economic operator from having those construction 
products assessed if that helps to make the use of those used construction products 
more attractive by proving that those construction products still have certain 
characteristics or fulfil the applicable product requirements.  
(17) Construction  products placed on the market in the outermost regions of the European 
Union are often imported from neighbouring countries, and are therefore not subject to 
requirements laid down in Union law. Subjecting those construction products to such 
requirements would be disproportionately costly. At the same time, construction 
products manufactured in the outermost regions hardly circulate in other Member 
States. Accordingly, Member States should have the possibility to exempt construction 
products placed on the market or directly installed in the outermost regions of the 
European Union from those requirements.  
(18) In order to strive for a maximum of regulatory coherence, t his Regulation should to 
the extent possible build on the horizontal legal framework, in th is case namely on 
Regulation (EU) No 1025/2012 of the European Parliament and of the Council. It 
follows the recent trend in product legislation to develop a fall -back solution where the 
European Standardisation Organisations do not deliver harmonised stan dards which 
can be cited in the Official Journal. As no harmonised standards for construction 
products could be cited in the Official Journal since late 2019 and only some dozen 
since Regulation (EU) No 305/2011 came into force, the new back -up empowerment s 
for the Commission should be even more comprehensive, permitting to optimise the 
overall output of technical specifications so to catch up the delay in the adaptation to 
technical progress.  EN 21  EN (19) Where harmonised standards lay down the rules for the asses sment of performances 
with regard to essential characteristics relevant for the construction codes of Member 
States, harmonised standards should be rendered mandatory  for purpose of application 
of this Regulation , as only such standards reach the goal of p ermitting the free 
circulation of products, whilst ensuring the Member States’ ability to request safety 
and environmental, including climate -related, product characteristics in view of their 
specific national situation. When pursued together, these two go als require that 
products are assessed by a single assessment method, therefore the method needs to be 
mandatory. However, voluntary standards can be used to make product requirements, 
specified for the relevant product family or category by Delegated Acts, even more 
concrete, following the path of Decision 768/2008 of the European Parliament and of 
the Council. In line with Decision 768/2008, those standards should be able to provide 
a presumption of conformity with the requirements covered by them.  
(20) In order to contribute to the objectives of the European Green Deal and the Circular 
Economy Action Plan, and to ensure safe construction products, safety being one of 
the goals to be pursued in the legislation based on Article 114 of the Treaty on the 
Func tioning of the European Union (TFEU), inherent product requirements related to 
safety, functionality and protection of environment, including climate, are necessary. 
When setting these requirements, the Commission should take into account their 
potential c ontribution to achieving Union climate, environmental and energy 
efficiency objectives. These requirements do not merely relate to the performance of 
construction products. Contrary to its predecessor Directive 89/106/EC, Regulation 
(EU) No. 305/2011 does not provide for the possibility to establish such inherent 
product requirements. However, certain harmonised standards for construction 
products contain such inherent product requirements which can relate to environment, 
to safety or simply to the good fun ctioning of the product. These standards 
demonstrate that there is a practical need for such requirements on safety, the 
environment or simply the functioning of products. Article 114 TFEU as the legal base 
of this Regulation also imposes the pursuit of a high level of protection of the 
environment, health and human safety. Thus, this Regulation should (re -)introduce or 
validate inherent product requirements. Whilst these requirements need to be laid 
down by the legislator, there is a need for specifying th em for the more than 30 
product families, each with several categories. Hence, the power to adopt acts in 
accordance with Article 290 of the Treaty on the Functioning of the European Union 
should be delegated to the Commission  to specify  the requirements for the respective  
construction  product family or category.  
(21) Manufacturing and distribution of construction products becomes ever more complex, 
leading to the emergence of new specialised operators, such as fulfilment service 
providers. For reasons of clarity, certain generic obligations, including on cooperation 
with authorities, should be applicable to all those involved in the supply chain, the 
manufacturing, the distribution, own -brand -labelling, the repackaging or secondary 
trade, installation, de -installation for re -use or remanufacturing, and the 
remanufacturing itself. Moreover, suppliers should be obliged to cooperate with 
market surveillance authorities for purposes of environmental sustainability 
assessment. For those reasons and to avoid repe tition of obligations, the term 
‘economic operator’ should be defined widely, encompassing all those actors so that 
basic generic obligations can in one strike be established for all of them.  
(22) In order to foster harmonised practices amongst Member Stat es even where a 
consensus about these practices could not be found, the Commission should be EN 22  EN empowered to adopt, with regard to a limited range of issues, implementing acts on the 
implementation of this Regulation. The respective empowerments concern the 
definitions, the obligations and rights of economic operators and the obligations and 
rights of notified bodies.  
(23) In order to improve the legal certainty and to mitigate the fragmentation of the EU 
market for construction products due to the existence o f national requirements and 
marks, it is necessary to clearly define the area regulated at the EU level, the so -called 
‘harmonised zone’, as opposed to the elements remaining within the remit of Member 
States’ national regulatory sphere.  
(24) At the same t ime, in order to strike a balance between mitigating the fragmentation of 
the market and the legitimate interests of Member States to regulate construction 
works, it is necessary to provide for a mechanism to better integrate Member States’ 
needs into the development of harmonised technical specifications. For the same 
reason, a mechanism allowing Member State to set, based on imperative grounds of 
health, safety or environmental protection, additional requirements for construction 
products should be establ ished.  
(25) A circular economy, the key element of the Circular Economy Action Plan, can be 
promoted by mandatory deposit -refund systems and the obligation to take back unused 
products. Member States should therefore be allowed to take such measures.  
(26) In order to enhance legal clarity and reduce the administrative burden for the economic 
operators, it is necessary to avoid that construction products are subject to multiple 
assessments regarding the same aspect of health, safety or protection of the 
environment, including climate, under different Union legislation. This was confirmed 
by the REFIT platform recommending that the Commission gives priority to 
addressing the problems of overlapping and repetitive requirements. The Commission 
should thus be abl e to determine the conditions under which the fulfilment of 
obligations under other Union law also fulfils certain obligations of this Regulation, 
where otherwise the same aspect of health, safety or protection of the environment, 
including climate, would be assessed in parallel under this Regulation and other Union 
law. 
(27) Moreover, in order to avoid diverging practices of Member States and economic 
operators, the power to adopt acts in accordance with Article 290 TFEU should be 
delegated to the Commissi on to determine whether certain construction products fall 
within the definition of construction product . 
(28) In particular, in the case of energy -related products included in ecodesign working 
plans which are also construction products and for intermedia ry products, with the 
exception of cement, priority for the setting of sustainability requirements will be 
given to the [ESPR]. This should be the case for instance for heaters, boilers, heat 
pumps, water and space heating appliances, fans, cooling and ven tilating systems and 
photovoltaic products , excluding building -integrated photovoltaic panels. This 
Regulation may still intervene in a complementary manner where needed, mainly in 
relation to safety aspects also taking account of other Union legislation o n products 
such as on gas appliances, low voltage, and machinery.  For other products, in order to 
avoid unnecessary burden for economic operators, the need may arise in future to 
determine the conditions under which the fulfilment of obligations under othe r Union 
law also fulfils certain obligations under this Regulation. The power to adopt acts in 
accordance with Article 290 TFEU should be delegated to the Commission to 
determine such conditions.    EN 23  EN (29) In order to create an incentive for compliance, the manufacturer of construction 
products should be liable for incorrect declarations of performance and conformity.  
(30) The increased use of re -manufactured products is part of a shift towards a more 
circu lar economy and a reduction of the environmental and carbon footprint of 
construction products. Moreover, the market of re -manufacturing is currently not very 
developed and requirements for remanufactured products vary widely amongst 
Member States. Therefo re and to respect the subsidiarity principle, Member States 
should have the possibility to exempt re -manufactured products from the obligation to 
draw up a declaration of performance. Such exemption should however not be 
possible for products that are not suitable for remanufacturing or where interests of 
other Member States are at stake.  
(31) To enhance access to easily available and comprehensive information on construction 
products, thereby contributing to their safety, functionality and sustainability, it should 
be ensured that the declaration of performance provides all information necessary for 
users and authorities. In view of its utility for users, manufacturers should be able to 
include into that declaration additional information, provided that the  declarations of 
performance remain uniform and easily readable and that they are not abused as 
advertisement.  
(32) To render the reuse and remanufacturing of construction and the use of surplus 
construction products nonetheless possible at large scale, an  alleviated procedure for 
drawing up the declaration of performance should be set out for those construction 
products. In the case of surplus construction products, where alteration by use is 
excluded, the alleviated procedure should be limited to those ca ses where the initial 
manufacturer refuses to take responsibility for the surplus construction product, as it is 
always preferable that construction products remain under responsibility of the initial, 
competent manufacturer where they have not been altere d. 
(33) In order to reduce the burden for economic operators and in particular manufacturers, 
economic operators issuing declarations of performance and declarations of 
conformity should provide those declarations by electronic means, be authorised to 
provide those declarations by permalink to an unamendable document or to include in 
those declarations permalinks to unamendable documents.  
(34) In order for the manufacturers to demonstrate that the construction products 
benefitting from the free movement of goods  fulfil relevant Union requirements,  it is 
necessary to require a declaration of conformity complementing the declaration of 
performance, thus also bringing the regulatory system for construction products closer 
to Regulation (EC) No 765/2008. However , in order to minimise the potential 
administrative burden, the declaration of conformity and the declaration of 
performance should be combined and provide d by electronic means. The 
administrative burden on SMEs should be further minimised through targeted  
simplification provisions, including on the use of appropriate technical documentation 
replacing type testing, permitting micro -enterprises to use the more lenient verification 
system  and reducing the requirements for custom -made non -series products insta lled 
in an identified single construction work. The Member States should also have the 
possibility to exempt micro -enterprises which do not trade cross -border from the 
obligation to draw a declaration of performance.  
(35) In order to reach alignment with o ther product legislation  and subject to the general 
principles of Regulation (EC) No 765/2008,  the CE marking  should be affixed to 
construction products for which the manufacturer has drawn up a declaration of EN 24  EN performance or conformity. The manufacturer th ereby takes the responsibility for the 
conformity of the product with the declared performance and applicable product 
requirements.  
(36) To ensure safety, functionality and sustainability of construction products, and by 
extension of construction works, a ll economic operators intervening in the supply and 
distribution chain should take appropriate measures to ensure that they place or make 
available on the market only construction products which are in compliance with the 
binding Union requirements. In orde r to improve the legal clarity, it is necessary to set 
explicitly the obligations of economic operators.  
(37) It is necessary for manufacturers of construction products to determine the product 
type in a precise and unequivocal manner in order to ensure a precise basis for 
assessing the compliance of such product with Union requirements. At the same time, 
in order to avoid circumvention of the applicable requirements, manufacturers should 
be prohibited from creating ever new product types where the products  in question are, 
in view of the crucial characteristics, identical.  
(38) To avoid misleading claims, any claims made by manufacturers of construction 
products should either be based on an assessment method contained in harmonised 
technical specifications or, where no such assessment method exists,  on methods 
representing the best available techniques , where no such assessment method provided 
by a harmonised technical specification exists.  
(39) Technical documentation about construction products, drawn by t he manufacturer, 
facilitates the verification of those products by authorities and notified bodies against 
the Union requirements. To enhance access to comprehensive information, t hat 
technical documentation should include an assessment of the environmenta l 
sustainability  of the construction product . 
(40) To create transparency for users of construction products and to avoid inappropriate 
use of those products, construction products and their intended use should be precisely 
identified by the manufacturer. For the same reason, the manufacturer should make 
clear whether the construction products are intended for professional use only, or also 
for use by consumers. To ensure that construction products can be traced back , 
manufacturers should be indicated on the product or, where this is not possible e.g. 
due t o the product’s size or surface, on its packaging or, where that is not possible 
either, in a document accompanying it.  
(41) To ensure that requirements of this Regulation are fulfilled, manufacturers should 
actively search, store  and evaluate information and take appropriate measures where 
non-conformity or under -performance has been confirmed or where there is a risk.  
(42) To optimise the pursuit of the goals of the European Green Deal and of the Circular 
Economy Action Plan, the manufacturers should be o bliged to reach a fair level of 
environmental sustainability, both for their products and their manufacturing. This 
obligation requires trade -off-decisions between different environmental aspects and 
between environmental and safety aspects, whilst both en vironmental and safety 
aspects can relate to the product as such or to the construction works. To give 
manufacturers certainty about how to make these trade -off decisions, this Regulation 
should set out clear trade -off rules.  
(43) With the goals of ensurin g sustainability and durability of construction products , 
manufacturers should ensure that products can be used for a very long time. Such long EN 25  EN use requires adequate design, use of reliable parts, reparability of products, availability 
of information on re pair and access to replacement parts.  
(44)  In view of enhancing the circularity of construction products , in line with the goals of 
the Circular Economy Action Plan,  manufacturers should favour re -use, 
remanufacturing and recycling of their products. The (preparation for) re -use, 
remanufacturing and recycling require certain design, namely by facilitating the 
separation of components and materials at the later stage of recycling and avoiding 
mixed, blended or intricate materials. As the usual instructions for use will not 
necessarily reach the economic operators in charge of (preparation for) re -use, 
remanufacturing and recycling, the necessary information in this regard should be 
made available in product databases or systems and on the manufacturer’s webs ites, in 
addition to the instructions for use.  
(45) To deliver safe, functional and environmentally sustainable construction products, it is 
necessary to  establish comprehensive sustainability and safety obligations for 
manufacturers. Given the importance of these obligations and achieving the right 
balance between the functionality, safety and sustainability, the Commission should be 
empowered to determine the conditions  by delegated acts  under which, for a specific 
product family or category, these obligations are fulfilled or presumed to be fulfilled.  
(46) Some construction products become waste though they were never used. To avoid this 
waste of resources, manufacturers should accept to regain, directly or via their 
importers and distributors, ownership of products that, after delivery onto a 
construction site or to the user, have not been used and are in a state equivalent to the 
one in which they were placed on the market.  
(47) In order to be able to make informed c hoices, u sers of construction products should be 
sufficiently well informed about the environmental performances of products, about 
their conformity with environmental requirements and of the degree of fulfilment of 
manufacturer’s environmental obligations  in this regard. Therefore, the Commission is 
empowered to adopt delegated acts to establish specific labelling requirements which 
might include the easily understandable traffic light labelling.  
(48) Certain manufacturer’s obligations, such as assessment of environmental sustainability 
or giving preference to recyclable materials, can hardly be fulfilled in case of used, 
remanufactured or surplus products. Economic operators enabling reuse or 
undertaking remanufacturing should thus be exempted from these o bligations, the 
more so as the reuse and remanufacturing are beneficial to the environment.  
(49) The authorised representatives are often the only reachable persons in case of imported 
products whilst manufacturers often attribute to them very limited tasks and do not 
provide them with all the necessary information to effectively represent the 
manufacturers. Hence, the role and responsibilities of authorised representatives 
should be clarified and strengthened.  
(50) An economic operator who modifies a product in such a way that its performance or 
safety might be affected should be subject to the obligations of manufacturers, to 
ensure the verification whether performance or safety of the product are still the same. 
However, this obligation should not be imposed on an economic operator who 
repackages products to make them available in another Member State, as otherwise 
secondary trade and thus free circulation of products would be hampered and 
repackaging in principle s hould not affect performance nor safety of the construction 
product. Still, and with the aim to preserve the performance and safety of products, the EN 26  EN economic operator undertaking the repackaging should be responsible for the correct 
execution of these oper ations to ensure that the product is not damaged and that the 
users are still correctly informed in the language set out by the Member State where 
the products are made available.  
(51) In order to increase compliance of manufacturers with the obligations u nder this 
Regulation and to contribute to addressing the identified shortcomings and improve 
the market surveillance, service providers, online market places and brokers should be 
empowered and requested to verify certain easily verifiable characteristics of products 
and their manufacturers, such as determination of product type and drawing up a 
comprehensive technical documentation, and should actively contribute to ensuring 
that only compliant products reach the users.  
(52) In order to avoid that 3D -print ing is used to circumvent the obligations under this 
Regulation, 3D -printing service providers should have certain information obligations.  
(53) The safe use of used and re -manufactured products often depends on precise 
information on their first use. Econ omic operator de -installing used products for re -use 
or remanufacturing should therefore take protocols on the place, conditions and 
presumed length of use of the de -installed product.  
(54) The performance and safety of products also depend on the componen ts used and on 
the services provided by calibrators or other service providers for their design and 
manufacturing. For these reasons, certain obligations should be established for 
suppliers of components and service providers involved in the manufacturing of 
products. Where a non -compliance or risk might have been caused by a supplied 
component or service of a certain economic operator, the supplier or service provider 
should inform thereof his other clients who have received the same component or 
service, so that non -compliances and risks can be effectively tackled for other products 
too. 
(55) Certain items used for construction have multiple potential purposes. Their 
manufacturers should have the freedom to decide whether these items are intended for 
const ruction or not, also in order to avoid that they have to undergo performance and 
conformity assessment where not necessary. However, if they decide that a certain 
item is not intended for construction whilst it could be used for it (“pseudo product”), 
the manufacturers and other economic operators should ensure that it is not used in 
construction works. Otherwise some of the items would end up in construction whilst 
not fulfilling the requirements of this Regulation.  
(56) For the same reason, where, howeve r, manufacturers of items which can, by nature, be 
used for construction and for other purposes (“double use products”), do not explicitly 
exclude the use for construction, they should fulfil the obligations under this 
Regulation for all the items of the r espective type.  
(57) To clarify the applicability of this Regulation to online and other distance sales, it 
should be defined under which conditions a certain product is deemed to be offered to 
clients in the Union. As online trade has a higher likelihood  of non -compliance, 
Member States should make a special effort and designate a single centralised market 
surveillance authority for detecting distance sales offers targeting clients on their 
territory, so that the responsible market surveillance authoritie s can take appropriate 
measures. As the detection of such offers requires the knowledge of research 
specialists or dedicated artificial intelligence software, the detection task should be 
centralised and entrusted to a single market surveillance authority.  EN 27  EN (58) Digital technologies, which provide a significant potential for reducing administrative 
burden and costs for economic operators and public authorities, while also fostering 
innovative and new business opportunities and models, are evolving at rapid p ace. The 
uptake of digital technologies will also contribute significantly towards achieving the 
objectives of the Renovation Wave, including energy efficiency, life -cycle 
assessments and monitoring and of the building stock. Accordingly, the Commission 
should be empowered to seize further opportunities of digitisation by implementing 
acts. 
(59) As harmonised standards developed for construction products (hereafter: construction 
products standards) are mostly mandatory , to create legal certainty, these stan dards 
should not only be in line with the relevant standardisation requests and with this 
Regulation, but also with the general principles of Union law.  
(60) In order to ensure a timely citation of references of construction products standards in 
the Offic ial Journal of the European Union, the European Commission should be 
empowered to limit in scope or overrule deficient standards for purposes of legal 
effects under this Regulation by delegating acts instead of refusing to cite their 
references in the Offi cial Journal.  
(61) To ensure the coherence of the system, this Regulation should build on the horizontal 
legal framework for standardisation. Hence, Regulation (EU) No 1025/2012 should 
also apply to the extent possible to standards rendered mandatory in ac cordance with 
this Regulation. Regulation (EU) No 1025/2012 is thus to provide, among others, for a 
procedure for objections to harmonised construction products standards where those 
standards do not entirely satisfy the requirements set out in the relevan t standardisation 
request or other requirements of this Regulation.  
(62) As they are not acts of general applicability but the first step of a two steps 
administrative procedure leading to the CE marking, European assessment documents 
should not qualify as  harmonised technical specifications. However, basic principles 
of the elaboration of harmonised standards, such as transparency for competitors, can 
and should also apply to European assessment documents. Moreover, the European 
assessment documents should  be referred to in performance and conformity 
assessment procedures in the same way as harmonised standards. Hence and to avoid 
lengthy repetition of provisions, the principal rules on harmonised standards should 
also apply to European assessment documents . To create transparency for competitors, 
European assessment documents  should be made publicly available and the references 
of all European assessment documents should be published in the Official Journal.  
(63) Currently, the increasing number of hardly d istinguishable European assessment 
documents which often have little added value when compared to others or existing 
harmonised standards, risks to slow down their publication. In order to deal with this 
risk in a cost -effective way, certain principles for  the development and adoption of 
European assessment documents should be established or be made more concrete. 
Moreover, the control by the Commission should be enhanced.  
(64) The requirements applicable to designating authorities of Technical Assessment 
Bodies (TABs) should not fall behind those applicable to notifying authorities given 
the similarities between their respective roles. For the same reason, TABs should have 
the same degree of independence and control of decision -making as notified bodies.  
(65) In order to respond to a noteworthy percentage of notifications which were based on 
incomplete or erroneous assessments, in particular where legal bodies without own in -EN 28  EN house technical competence were notified, it is necessary to strengthen the resource s 
capacity of notifying authorities, namely by setting up minimum requirements; to 
make requirements for notified bodies more precise, namely with regard to their 
independence, delegation to other legal entities and own ability to perform; to require 
adequ ate qualified staffing of notified bodies and to verify the adequacy of the 
staffing, for which the tool of a qualification matrix has proven to be most efficient; to 
ensure and verify that the notified body is effectively in control of staffing, attributi on 
of external experts, procedures, criteria and decision making, and not a subcontractor, 
subsidiary or another company belonging to the same family of companies; and to 
enlarge the documentation to be provided by bodies when applying for designation as 
notified body so as to provide a deeper and comparatively fairer basis for decision to 
notifying authorities.  
(66) To counter a common deficient practice of accreditation bodies, it is necessary to 
ensure that accreditation bodies take as a basis for accred itation this Regulation and 
not the often deviating standards. It also important to ensure that the accreditation 
bodies assess the ability of the applicant body and not of a group of companies, as it is 
the applicant body itself that must be in control of  future certification.  
(67) To reach a level playing field and to avoid legal uncertainty, the obligations of notified 
bodies should be more clearly defined and rendered explicit, and this both for their 
assessment and verification activities and the relat ed aspects.  
(68) In order to avoid involvement between notified bodies’ staff and the manufacturers, 
notified bodies should ensure rotation between the personnel carrying out different 
conformity assessment tasks.  
(69) Authorities of Member States might have questions that only a certain notified body 
can answer . Notified bodies should thus respond also to the questions authorities of 
other Member States may have.  
(70) To enable all authorities an easier identification of non -compliances of notified bodie s, 
manufacturers and products, and to ensure a level playing field, notified bodies should 
be empowered, and where the non -compliance can be clearly demonstrated even 
obliged to, proactively forward information on non -compliances to relevant market 
surveil lance authorities or notifying authorities. Notified bodies should however not 
trespass the information obligation by investigating other operators than their own 
clients or peers.  
(71) In view of creating a level playing field for notified bodies and manu facturers, the 
coordination amongst notified bodies should be enhanced. As only half of the current 
notified bodies participate on their own initiative in the activities of the already 
currently existing notified body coordination group, participation ther eto should thus 
become mandatory.  
(72) The attempts of establishing simplified procedures  for small and medium -sized 
enterprises  in Regulation (EU) No 305/2011 and thus reducing the burden and costs on 
SMEs and microenterprises have not been entirely effec tive and have often remained 
misunderstood or not used due to the lack of awareness or the lack of clarity regarding 
their application. By addressing the identified shortcomings while building on the 
previously established rules, it is necessary  to clarify  and facilitate their application 
and hence achieve the objective of supporting SMEs while ensuring performance, 
safety and environmental sustainability of construction products.  EN 29  EN (73) The recognition of test results obtained by another manufacturer, provid ed for in 
Article 36(1)(b) of Regulation (EU) No 305/2011, should be generalised, in order to 
generally reduce the burden of economic operators and namely manufacturers. Such 
recognition mechanism is particularly needed to avoid multiple assessment of 
environmental sustainability of raw materials, interim products and final products.  
(74) To ensure legal certainty in case of safety or performance problems, such recognition 
should only be permitted where both the two involved economic operators and the two 
involved notified bodies commit to cooperate and where the economic operator 
obtaining certification is in technical command of the product.  
(75) The evaluation of Regulation (EU) No 305/2011 showed that market surveillance 
activities carried out at nation al level, widely vary in quality and effectiveness. In 
addition to measures set out in this Regulation in favour of better market surveillance, 
the compliance of economic operators, bodies and products with this Regulation 
should be facilitated by also inv olving third parties such as by the possibility of any 
natural or legal person to submit information on possible non -compliances through a 
complaint portal.  
(76) To address the identified shortcomings with regards to the market surveillance under 
Regulatio n (EU) No. 305/2011, this Regulation should contain more empowerments 
for Member States authorities and for the Commission that should enable authorities to 
act under all potential problematic circumstances.  
(77) Market surveillance practice has proved tha t when evaluating products, at a certain 
point in time, there is a risk of non-compliance but no non -compliance incidence  
whereas, at a later point in time, the opposite is to be stated. Moreover, there are 
situations where there is a non -compliance other than a formal one that does not 
trigger a risk. For these reasons, Member States should be empowered to act in all 
cases of suspected non -compliance or risk, whilst the definition of ‘product presenting 
a risk’ has to be extended to include risk for the en vironment. It is necessary to offer 
Member States enough procedural flexibility to distinguish between high and low 
priority  cases of non -compliance, whilst all Member States should also be informed 
about less important cases.  
(78) To ensure effective enfo rcement of the requirements  and to strengthen market 
surveillance in Member States, as well as to ensure  align ment  with the Ecodesign for 
Sustainable Products Regulation , the power to adopt acts in accordance with Article 
290 TFEU should be delegated to th e Commission to lay down a minimum number of 
checks to be performed by the market surveillance authorities on specific product 
group or family or in relation to specific requirements and to establish minimum 
resources requirements.  
(79) In addition, to st rengthen the on average weak capacities of market surveillance 
authorities in terms of market surveillance and to further align with the Ecodesign for 
Sustainable Products Regulation, it is necessary provide more detailed administrative 
coordination suppor t and to provide them with the right to retrieve costs of inspections 
and testing from economic operators.  
(80) To create an incentive for increasing the capacities of market surveillance authorities 
in terms of market surveillance and to reach alignment w ith the Ecodesign for 
Sustainable Products Regulation, Member States should report on their market 
surveillance activities regarding products covered by this Regulation, including 
regarding the penalties imposed.  EN 30  EN (81) To better serve economic operators, product contact points for construction should 
become more effective and therefore should obtain more resources. In order to 
facilitate the work of economic operators, the tasks of product contact points for 
construction should be fine -tuned and extended s o as to include information on 
product related provisions of this Regulation and on acts adopted in accordance with 
it. 
(82) It is necessary to  establish an appropriate, efficient and cost -effective coordination 
mechanism to ensure a consistent application  of the obligations and requirements set 
and to strengthen the overall system, also taking into consideration the fact that new 
interpretative questions may arise in relation to safety and sustainability of products 
and construction works. As diverging dec isions create an uneven playing  field, 
contribute to rendering the legal framework more complex, create barriers to the free 
movement of the internal market and additional administrative burden and costs on 
economic operators, such diverging decisions shou ld be prevented by that 
coordination mechanism . 
(83) In particular, a European information system should therefore be established to collect 
interpretative questions, to find appropriate common solutions and to improve the 
sharing of information in this re gard. To facilitate information sharing, such a system 
should rely on national systems. These national systems should also identify cases of 
uneven application of this Regulation, to ensure that diverging practices do not 
become a common practice and perma nent.  
(84) The centralised registration of product information increases transparency to the 
benefit of safety of products and the protection of the environment and human health 
while also reducing administrative burden and costs for economic operators. 
Accordingly, the power to adopt acts in accordance with Article 291 TFEU should be 
delegated to the Commission to establish a centralised Union construction products 
database or system. At this point in time it is not possible to assess the advantages and 
disadvantages of possible solutions, the Commission should thus be empowered to 
pursue any of these paths, as appropriate.  
(85) To improve their level of competence, harmonise their decision making and create a 
level playing field for economic operators, t rainings should be organised for market 
surveillance authorities, product contact points for cConstruction , designating 
authorities, TABs, notifying authorities, and notified bodies. The same goals should 
also be pursued by exchanges of staff  between the m arket surveillance authorities, 
notifying authorities and notified bodies of two or more Member States . 
(86) Member States do not  always  have the technical competence to fulfil all obligations 
incumbent on them in accordance with Union legislation cumulati vely for all product 
sectors. They therefore obtain informal support, from other bigger Member States. 
Since such support is unavoidable in some cases and advisable in others, this 
Regulation should set out the basic rules for such support, namely to clari fy 
responsibilities. Moreover, Member States are challenged by  the increasing technical 
complexity of products and the legislation applicable with regard to  all aspects and 
product sectors cumulatively, which indicates a potential for better results by vir tue of 
specialisation and work -sharing amongst Member States. This Regulation should 
therefore both reflect the particular situation of the Member States and allow  exploring 
the potential added value of specialisation and work -sharing amongst any Member 
States. EN 31  EN (87) Business on construction products becomes slowly but steadily more and more 
international. Hence, situations arise where non -compliances of economic operators 
based outside the Union need to be countered as well. As third countries hardly are 
ready to support the enforcement of Union law on their territory where the Union does 
not in return provide for the possibility to assist them, some empowerments for 
international cooperation should be provided for in this Regulation.  
(88) A certain number o f third countries applies Union product legislation or at least 
recognises certificates issued in accordance with it, be it on the basis of international 
agreements or unilaterally, both being in the interest of the Union. In order to give 
these third coun tries an incentive to continue this practice and other third countries to 
do the same, certain additional possibilities should be provided to third countries 
applying Union product legislation or recognising certificates issued in accordance 
with it. For t his reason, it should be possible to support these particularly cooperative 
third countries by allowing them to participate in certain trainings and to participate in 
the EU construction products database or system, to the information system for 
harmonised  decision -making and to the information exchange amongst authorities. 
Moreover, for the same reason, it should be possible to inform these particularly 
cooperative third countries about non -compliant or risky products.  
(89) In order to incentivise the use of sustainable construction products whilst avoiding 
market distortions and to remain in line with the Ecodesign for Sustainable Products 
Regulation, incentives for the use of sustainable construction products provided by 
Member States should target the mo st sustainable products and be embedded in an 
exchange of information amongst Member States.   
(90) In order to enhance the use of sustainable construction products whilst avoiding 
market distortions and to reach alignment with the Ecodesign for Sustainabl e Products 
Regulation, Member States’ public procurement practice should target the most 
sustainable amongst the compliant products.  Requirements applicable to public 
procurement contracts   set out by implementing acts   should be established according 
to objective, transparent and non -discriminatory criteria.  
(91) Public procurement amounts to 14% of the Union’s GDP. To contribute to the 
objective of reaching climate neutrality, improving energy and resource efficiency and 
transitioning to a circular economy that protects public health and biodiversity, 
contracting authorities and entities should, where appropriate, be required to align their 
procurement with specific green public procurement criteria or targets, to be set out in 
the delegated acts ado pted pursuant to this Regulation. The criteria or targets set by 
delegated acts for specific product groups, should be complied with not only when 
directly procuring those products in public supply contracts but also in public works or 
public services cont racts where those products will be used for activities constituting 
the subject matter of those contracts. Compared to a voluntary approach, mandatory 
criteria or targets will ensure that the leverage of public spending to boost demand for 
better performin g products is maximised. The criteria should be transparent, objective 
and non -discriminatory.  
(92) In order to take into account technical progress and knowledge of new scientific 
evidence, ensure proper functioning of the internal market, facilitate acce ss to the 
information and ensure homogeneous implementation of rules, the power to adopt acts 
in accordance with Article 290 of the Treaty on the Functioning of the European 
Union should be delegated to the Commission in respect of establishing and amendin g 
product specific technical provisions and requirements; defining the applicable EN 32  EN assessment and verification systems; determining the conditions under which 
obligations under other Union law fulfil certain obligations of this Regulation; 
amending the decl aration of performance and declaration of conformity model; 
establishing additional obligations to manufacturers; revising and supplementing 
procedural rules for the development of European assessment documents; establishing 
minimum requirements to market surveillance authorities; setting up a Union 
construction products database or system; establishing green public procurement 
requirements and defining minimum penalties. It is of particular importance that the 
Commission carry out appropriate consultations  during its preparatory work, including 
at expert level, and that those consultations be conducted in accordance with the 
principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better 
Law-Making41. In particular, to ensure equal partic ipation in the preparation of 
delegated acts, the European Parliament and the Council receive all documents at the 
same time as Member States' experts, and their experts systematically have access to 
meetings of Commission expert groups dealing with the pr eparation of delegated acts.   
(93) In order to ensure uniform conditions for the implementation of this 
Regulation,  implementing powers should be conferred on the Commission 
establishing means to transmit information; providing details on how to execute 
obligations and rights of economic operators; adopting the format of the European 
technical assessment; establishing minimum resources required by notified bodies and 
giving access to authorities of third countries to the information systems for 
harmonised decision -making to the EU construction products database or system and 
to trainings in the context of this Regulation. Those powers should be exercised in 
accordance with Regulation (EU) No 182/2011 of the European Parliament and of the 
Council42.  
(94) The Commission should adopt immediately applicable implementing acts where, in 
duly justified cases relating to human health or safety or the protection of the 
environment, imperative grounds of urgency so require.  
(95) Regulation (EU) 2019/1020 of the Europ ean Parliament and of the Council lays down 
rules on a horizontal framework for market surveillance and control of products 
entering the Union market. In order to ensure that products under this Regulation, 
which are benefiting from the free movement of go ods within the Union, fulfil 
requirements providing a high level of protection of public interests, such as the 
protection of human health and safety and the protection of the environment, that 
Regulation should apply also to products covered by this Regul ation, in so far as there 
are no specific provisions with the same objective, nature or effect in this Regulation. 
Therefore, Regulation (EU) 2019/1020 should be amended accordingly.  
(96) To render the implementation of this Regulation more efficient and t o reduce the 
burden for economic operators, it should be possible to make applications and 
decisions on paper or in a commonly used electronic format. To obtain legal certainty, 
applications and decisions should only be valid where the electronic signature  fulfils 
the requirements of Regulation (EU) No 910/2014 of the European Parliament and of 
the Council and where the signing person is entrusted to represent the body or 
                                                 
41 OJ L 123, 12.5.2016, p. 1.  
42 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 
laying  down the rules and general principles concerning mechanisms for control by the Member States 
of the  Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).  EN 33  EN economic operator, according to the law of the Member States or Union law 
respectively . 
(97) To further reduce the burden on economic operators, it should be possible to provide 
documentation in a commonly used electronic format, and to fulfil information 
requirements electronically  by default.  
(98) In order to ensure a high level of compli ance with this Regulation, Member States 
should lay down rules on penalties applicable to non -compliances and ensure that 
those rules are enforced. The penalties provided for should be effective, proportionate 
and dissuasive. In order to ensure these goals  and harmonised penalties, the 
Commission should be empowered to establish minimum penalties by acts adopted in 
accordance with Article 290 of the Treaty on the Functioning of the European Union.  
(99) In order to create legal certainty, it should be specif ied whether and for how long 
designations of product contact points for construction , TABs, or notified bodies and 
harmonised standards, European assessment documents , European technical 
assessments and notified bodies certificates or test reports adopted or issued under 
Regulation (EU) 305/2011 maintain legal effects under this Regulation. The respective 
transition periods should be long enough to avoid bottlenecks in  respect of notified 
bodies and TABs designation and of the adoption or issuing of European assessment 
documents, European technical assessments , and notified body certificates or test 
reports.  
(100)  To create legal certainty, it should be clarified for ho w long products placed on the 
market on the basis of European assessment documents adopted under Regulation 
(EU) No 305/2011 may remain in the distribution chain and thus be further made 
available on the market. Similarly to the practice under other produc t legislation, the 
appropriate period is considered to be five years after the expiry of the European 
technical assessment on the basis of which they have been placed on the market. In 
this way, six years after the entry into force of a harmonised technica l specification 
adopted under this Regulation all products sold to users will comply with that 
harmonised technical specification and this Regulation.  
(101)  Both the essential characteristics of construction products and their assessment 
methods can only b e determined by harmonised technical specifications to be 
developed for the various product groups and families. Accordingly, requirements and 
obligations incumbent on economic operators with regard to a certain product group or 
family should only apply ma ndatorily as from six months  after the entry into force of 
harmonised technical specification covering the respective product group or family.  
(102)  To facilitate a smooth phasing -in of future harmonised technical specifications and 
taking into considerati on the time needed for drawing up the declaration of 
performance or conformity, economic operators should be permitted to opt for the 
voluntary application of this Regulation as from the entry into force of these 
harmonised technical specifications.  
(103)  It is necessary to avoid that economic operators can permanently circumvent the 
application of this Regulation by applying the harmonised technical specifications 
adopted under Regulation (EU) No 305/2011. For this reason, the Commission should 
withdraw fr om the Official Journal the references to harmonised standards and EADs 
published in support of Regulation (EU) No 305/2011 and covering a certain product 
group or family, by two years after the entry into force of harmonised technical EN 34  EN specification adopte d under this Regulation covering that respective product group or 
family.  
(104)  In order to fully cover the environmental assessment  of construction products  and to 
appropriately cover product requirements which exist  even  in current harmonised 
technical specifications, a more comprehensive Annex I should  be developed , 
including  also a detailed list of essential characteristics related to lifecycle assessment 
and a complete framework for the  product  requirements . On that occasion, overlaps 
between basic re quirements for construction works should be eliminated and 
clarifications should be brought forward.  
(105)  In order to reach a minimum control intensity of the assessment and verification of 
manufacturers by notified bodies and to create a level playing fi eld both for 
manufacturers and notified bodies, Annex V on assessment and verification systems  
should  more precisely and comprehensively determine the tasks of manufacturers and 
notified bodies under different possible assessment and verification systems.  
Moreover, that Annex should determine the assessment s and verification s to be 
undertaken to verify the environmental sustainability of product s, in terms of product  
performance and product requirements . 
(106)  The objectives of this Regulation, namely the free circulation of construction products 
on the internal market, the protection of human health and safety, and the protection of 
the environment, cannot be sufficiently achieved by the Member States, as Member 
States tend to establish very diverging requ irements for construction products, with an 
uneven level of protection of human health and safety and of the environment. These 
objectives can rather be better achieved at Union level by establishing a harmonised 
assessment framework for the performance of  construction products and certain 
product requirements for the protection of human health and safety and of the 
environment. Accordingly, the Union may adopt measures, in accordance with the 
principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In 
accordance with the principle of proportionality as set out in that Article, this 
Regulation does not go beyond what is necessary in order to achieve those objectives,  
HAVE ADOPTED  THIS REGULATION:  
CHAPTER  I 
GENERAL  PROVISIONS  
Article 1  
Subject matter  
This Regulation establishes harmonised rules  for the making available on the market and 
direct installation of construction products, regardless of whether undertaken in the 
framework of a service or not, by establishing:  
(a) rules on how to express the environmental, including climate, and safety 
performance of construction products in relation to their essential 
characteristics;  
(b) environmental, including climate, functional and safety product requirements 
for construction  products.  EN 35  EN This Regulation also establishes obligations incumbent on economic operators dealing with 
construction products or their components or with products that could be regarded as 
construction products whilst not being intended by their manufacturer to be construction 
products.  
Article 2  
Scope  
1. This Regulation shall apply to construction products and to the following items:  
(a) 3D-datasets placed on the market to permit the 3D -printing of construction 
products covered by this Regulation and 3D-printed construction products and 
moulds;  
(b) materials intended to be used for the 3D -printing of construction products on or 
close to the construction site or for the manufacturing using moulds on or close 
to the construction site;  
(c) construction pr oducts manufactured on the construction site for immediate 
incorporation into construction works, without separate commercial action for 
the placing on the market;  
(d) key parts of products covered by this Regulation;  
(e) parts or materials intended to be used for products covered by this Regulation, 
if the manufacturer of those parts or materials so requests;  
(f) kits or assemblies, where their composition is specified in and covered by 
harmonised technical specifications or European assessment documents 
(EADs);  
(g) prefabricated one -family -houses of less than 180 m2 surface floor space with 
one floor or of less than 100 m2 surface floor space on two floors.  
Member  States may decide not to apply this Regulation for the houses referred to in point (g) 
by notification to the Commission.  
2. This Regulation shall also apply to used construction products and to used items 
referred to in paragraph 1 in any of the following cases:  
(a) those used construction products or items are imported from third countries 
without having been placed on the Union market before;  
(b) the economic operator has changed the intended use of those used construction 
products or items from the intended use assigned to those construction products 
or items by the initial manufacturer in a nother way than by a reduction in terms 
of performance or intended uses or to mere decoration” purposes, those 
purposes being defined by the absence of any structural function for the 
construction works;  
(c) the economic operator making the used construct ion products or items 
available on the market claims for them characteristics or the fulfilment of 
product requirements set out in Annex I, additional to or different from the 
characteristics and requirements declared pursuant to this Regulation or 
Regulat ion (EU) 305/2011 when the used construction product or item was 
first placed on the market;  EN 36  EN (d) the used construction products or items have been subject to a transformative 
process going beyond repair, cleaning and regular maintenance 
(‘remanufactured p roduct’);  
(e) the economic operator making the used construction products or item available 
on the market opts for the application of this Regulation.  
3. This Regulation shall not apply to:  
(a) lifts subject to Directive 2014/33/EU of the European Parliament and of the 
Council43, escalators and their components;  
(b) boilers, pipes, tanks and ancillaries and other products intended to be in contact 
with water for human consumption;  
(c) systems treating waste water;  
(d) sanitary appliances;  
(e) traffi c signalling products.  
4. This Regulation also shall also apply to 3D -printing services of construction products 
and of items covered by this Regulation. 3D -printing services include renting out of 
3D-printing machines that could be used for construction p roducts and items covered 
by this Regulation.  
This Regulation shall also apply to services linked to:  
– the manufacturing and commercialisation of construction products and or items 
covered by this Regulation, and  
– to the de -installing, preparation for re -use, remanufacturing and dealing with 
used construction products or items covered by this Regulation.  
5. Member States may exempt from the application of this Regulation construction 
products and items covered by this Regulation that are placed on the market  or 
directly installed in the outermost regions of the European Union in the meaning of 
Article 349 of the Treaty on the Functioning of the European Union.  Member States 
shall notify to the European Commission and to the other Member States the 
regulations  providing such exemptions. They shall ensure that exempted construction 
products or items do not bear the CE marking in accordance with Article 16. 
Construction products or items placed on the market or directly installed on the basis 
of such exemption sh all not be deemed to be placed on the market or directly 
installed in the Union  in the meaning of this Regulation.  
Article 3  
Definitions  
For the purposes of this Regulation the following definitions shall apply:  
(1) ‘construction product’ means any formed or formless physical item, including its 
packaging and instructions for use, or a kit or assembly combining such items, that is 
placed on the market or produced for incorporation in a permanent manner in 
                                                 
43 Directive 2014/33/EU of the European Parliament and of the Council of 26 February 2014 on the 
harmonisation of the laws of the Member States relating to lifts and safety components for lifts (OJ 
L 96, 29.3.2014, p. 251).  EN 37  EN construction works or parts thereof within the Union , with the exception of items that 
are necessarily first integrated into an assembly, kit or other construction product 
prior to being incorporated in a permanent manner in construction works;  
(2) ‘permanent’ means for a duration of two years or longer;  
(3) ‘product’ means a construction product or other item covered by this Regulation in 
accordance with Article 2 (1) to (3) ; 
(4) ‘making available on the market’ means any supply of a product for distribution or 
use on the Union market in the course of a comm ercial activity, whether in return for 
payment or free of charge, regardless whether in the framework of providing a 
service or not;  
(5) ‘direct installation’ means the installation of a product into a construction work of a 
client without prior making available on the market or the installation of a one -family 
house covered by this Regulation, regardless whether in the framework of providing 
a service or not;  
(6) ‘performance’ means the degree to which a product has certain scalable essential 
characteri stics;  
(7) ‘essential characteristics’ means those characteristics of the product which relate to 
the basic requirements for construction works as set out in Annex I Part A Point 1 or 
which have been listed in Annex I Part A Point 2;  
(8) ‘product requireme nts’ means a threshold level or another characteristic with which a 
product has to comply before it can be placed on the market or installed directly, 
including those requirements relating to labelling and instructions for use or other 
information to be pr ovided;  
(9) ‘economic operator’ means the manufacturer, the authori sed representative, the 
importer, the distributor, the fulfilment service provider, the 3D -printing service 
provider, manufacturer, importer or distributor of materials intended for 3D -printing 
of products, online seller, the broker, the supplier, the service provider, the own -
brand -labeller or any other natural or legal person, other than authorities, notified 
bodies, technical assessment bodies and product contact points for construction w ho 
is subject to this Regulation in relation to the manufacturing, de -installation for re -
use, re -manufacturing or repackaging of products, or making those products 
available on the market or installing those products directly in accordance with this 
Regul ation, and economic operators as defined in Article 3, point  (13) of Regulation 
(EU) 2019/1020 of the European Parliament and of the Council44; 
(10) ‘3D-printing service provider’ means any natural or legal person offering, in the 
course of a commercial act ivity, one of the following services: renting or leasing out 
3D-printers, printing out 3D -printing datasets, or brokering one of these services, 
regardless of whether the printing material is provided by that person or not;  
(11) ‘materials intended for 3D-printing of products’ means any material intended or the 
3D-printing of products for which the respective economic operators have not 
explicitly and consistently excluded the use as materials for 3D -printing;  
                                                 
44 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market 
surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 
765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).  EN 38  EN (12) ‘manufacturer’ means a manufacturer as defined in Article 3, point  (8), of Regulation 
(EU) 2019/1020;  
(13) ‘3D-datasets’ means a set of numerical data describing the shape of an object by its 
outer dimensions and its cavities in view of permitting the 3D -printing of that object;  
(14) ‘construct ion works’ means buildings and civil engineering works that may both be 
over or in the ground or water, including bridges, tunnels, pylons and other facilities 
for transport of electricity, communication cables, pipelines, aqueducts, dams, 
airports, ports,  water ways, and installations which are the basis for rails of railways, 
but excluding wind mills, oil platforms or chemical plants, industry manufacturing 
installations, agricultural installations, electricity generation installations, military 
installat ions, whilst their shelters may be buildings;  
(15) ‘buildings’ means facilities, other than containers, giving shelter to humans, animals 
or objects, which either are permanently fixed to the ground or can only be 
transported by the help of special equipme nt whilst having a surface floor space of at 
least 20m2 on one or several levels;  
(16) ‘level’ means the result of the assessment of the performance of a product in relation 
to its essential characteristics, expressed as a numerical value;  
(17) ‘class’ mea ns a range of levels, delimited by a minimum and a maximum value, of 
performance of a product;  
(18) ‘threshold level’ means a mandatory minimum or maximum performance level of a 
product with regard to a certain essential characteristic;  
(19) ‘placing on th e market’ means the first making available of a product on the Union 
market or the first making available of a used product where any of the conditions of 
Article 2( 2) are fulfilled or of a remanufactured product;  
(20) ‘key part’ means a part which is inte nded by the manufacturer of a product or another 
economic operator to be used as component or spare part for a product and that has 
been specified by harmonised technical specifications as essential for the 
characterisation, safety or performance of a prod uct; 
(21) ‘kit’ means a product placed on the market by a single economic operator as a set of 
at least two separate items, none of which needs to be a product itself, intended to be 
incorporated together in construction works;  
(22) ‘assembly’ means a set of at least two separate items, one of which is a product;  
(23) ‘European assessment document’ means a document adopted by the organisation of 
technical assessment bodies for the purposes of issuing European technical 
assessments;  
(24) ‘used product’ means  a product that is not waste as defined in Article 3, point (1), of 
Directive 2008/98/EC of the European Parliament and of the Council , and which has 
been installed at least once into a construction work, and that:  
(a) has not been subject to a process go ing beyond repair, cleaning or regular 
maintenance, as specified by the original manufacturer in its instructions for 
use or acknowledged to be necessary according to common civil engineering 
knowledge;  EN 39  EN (b) has not undergone a process going beyond repair, cleaning and regular 
maintenance or ‘preparing for re -use’ in the meaning of Article 3, point (16) of 
Directive 2008/98/EC after being de -installed;  
(25) ‘intended use’ means the use intended by the manufacturer, including the conditions 
for usage, as laid  out in technical documentation, on labels, in instructions for use, or 
in publicity material, whilst usages mentioned only in one of these are already part of 
the ‘intended use’;  
(26) ‘repair’ means the process of returning a faulty product to a condition  where it can 
fulfil its intended use;  
(27) ‘maintenance’ means an action carried out to retain a product in a condition where it 
is able to function as required;  
(28) ‘remanufactured product’ means a product that is not waste as defined in Article 3, 
point (1), of Directive 2008/98/EC, but that has been installed at least once into a 
construction work, and that has been subject to a transformative process going 
beyond repair, cleaning and regular maintenance;  
(29) ‘risk’ means risk as defined in Article 3,  point (18), of Regulation (EU) 2019/1020;  
(30) ‘preparing for re -use’ means checking, cleaning or repairing retrieval operations, by 
which products or components of products are prepared so that they can be re -used 
without any other pre -processing;  
(31) ‘product type’ means the abstract model of individual products, determined by the 
intended use and a set of characteristics which exclude any variation with regard to 
performance or to the fulfilment of product requirements set -out in or in accordance 
with this Regulation, produced in a specific production process using a given 
combination of raw materials or components, whilst identical items of different 
manufacturers also belong to different product types;  
(32) ‘state of the art’ means a way to achieve a  certain goal which is either the most 
effective and advanced or close to it and thus above the average of ways which can 
be chosen;   
(33) ‘recycling’ means recycling as defined in Article 3, point (17), of Directive 
2008/98/EC;  
(34) ‘fulfilment service pr ovider’ means a fulfilment service provider as defined in Article 
3, point (11), of Regulation (EU) 2019/1020;  
(35) ‘product family’ means all product types belonging to the product areas listed in 
Annex IV, Table 1;  
(36) ‘product category’ means a subset of the product types of a certain product family 
encompassing those product types which have in common a certain intended use as 
specified in harmonised technical specifications or European assessment documents;  
(37) ‘factory production control’ means the documented, permanent and internal 
production control in a factory with regard to certain parameters or quality aspects, 
reflecting the specificities of a respective product family or a group and 
manufacturing processes, and which aim at the constancy of p erformance or of 
continuous fulfilment of product requirements, executed in accordance with Annex 
V; EN 40  EN (38) ‘harmonised zone’ means the sphere jointly covered by this Regulation, the 
harmonised technical specifications, and the Commission acts of general 
applicability adopted pursuant this Regulation;  
(39) ‘Union law’ means the TEU, the TFEU, general principles of law, acts of general 
applicability referred to in the second, third and fourth paragraph of Article 288 
TFEU and any international agreements to wh ich the Union is party or the Union and 
its Member States are parties;   
(40) ‘importer’ means an importer as defined in Article 3, point (9), of Regulation (EU) 
2019/1020;  
(41) ‘distributor’ means a distributor as defined in Article 3, point (10), of Regul ation 
(EU) 2019/1020;  
(42) ‘individually manufactured’ means that, due to the specifications of the client, there 
is a variation in terms of manufacturing method when compared with all other 
products produced for other clients by the economic operator in q uestion;  
(43) ‘micro -enterprise’ means a micro -enterprise as referred to in the Annex to 
Commission Recommendation of 6 May 2003 concerning the definition of micro, 
small and medium -sized enterprises ;  
(44) ‘custom -made’ means that, due to the specificatio ns of the client, there is a variation 
in terms of size or material when compared with all other products produced for 
other clients by the economic operator in question.  
(45) ‘permalink’ means an internet link to a website which is stable both for its con tent 
and the address (“URL”);  
(46) ‘harmonised technical specifications’ means construction products standards 
established in accordance with Article 4(2) the reference of which has been 
published in the Official Journal in accordance with Article 34 and t hereby were 
rendered mandatory for purposes of application of this Regulation, and delegated 
acts adopted in accordance with Article 4 (3) and (4), Article 5(2), or Article 22(4) 
that contain technical prescriptions;  
(47) ‘Construction products standard’ means a standard adopted by a European 
standardisation organisation on the basis of a request made by the Commission for 
the application of this Regulation the reference of which has been published in the 
Official Journal in accordance with Article 34, reg ardless of whether the use of such 
standard is rendered mandatory for purposes of application under this Regulation in 
accordance with Article 4(2) and Article 34(2) or whether they stay voluntary in 
accordance with Article 5(2), Article 22(4) and Article 34(3);  
(48) ‘double use product’ means a product that is, by its manufacturer, intended to be 
used as product and as an item with another intended use that would fall outside of 
the scope of this Regulation if it had only that other intended use;  
(49) ‘European standardisation organisation’ means a European standardisation 
organisation as defined in Article 2(8), of Regulation (EU) 1025/2012;  
(50) ‘European technical assessment’ (ETA) means the documented assessment of the 
performance of a product, in relat ion to its essential characteristics, in accordance 
with the respective European assessment document;  EN 41  EN (51) ‘full-time equivalence’ means the work -power of one person employed full -time as 
defined by the Member State concerned or the work -power of several p ersons 
employed part -time working together the same number of hours per day or week;  
(52) ‘non-series process’ means a process that is neither prevailingly automated or 
produced using assembly -line techniques, nor repeated more than 100 times per year 
by the economic operator in question or the economic operators belonging to the 
same group of companies, defined by a common controlling natural or legal person, 
or the same organisational structure;  
(53) ‘withdrawal’ means withdrawal as defined in Article 3, point (23), of Regulation 
(EU) No 2019/1020;  
(54) ‘recall’ means withdrawal as defined in Article 3, point (22), of Regulation (EU) No 
2019/1020;  
(55) ‘online marketplace’ means a provider of an intermediary service using software, 
including a website, par t of a website or an application, that allows customers to 
conclude distance contracts with economic operators for the sale of products ; 
(56) ‘online interface’ means online interface as defined in Article 3, point (15), of 
Regulation (EU) 2019/1020;  
(57) ‘broker’ means any natural or legal person providing an intermediation service for 
the placing on the market or direct installation of products;  
(58) ‘own -brand -labeller’ means any natural or legal person other than the manufacturer 
who wishes to sell a pr oduct as his own and therefore affixes his name, trade -mark or 
label in addition to the mandatory inscriptions of other economic operators;  
(59) ‘supplier’ means any natural or legal person providing raw materials or interim 
products to manufacturers or to  other persons providing raw materials or interim 
products to manufacturers;  
(60) ‘service provider’ means any natural or legal person providing a service to a 
manufacturer or to a supplier of a key part, provided that the service is relevant for 
the manufacturing of products, including their design;  
(61) ‘accreditation’ means ‘accreditation’ as defined in Article 2 (10), of Regulation (EC) 
No 765/2008;  
(62) ‘market surveillance authority’ means an authority as defined in Article 3, point (4), 
of Regula tion (EU) 2019/1020 ; 
(63) ‘life cycle’ means the consecutive and interlinked stages of a product’s life, from raw 
material acquisition or generation from natural resources over manufacturing, de -
installation, possibly reuse with or without prior remanufact uring to final disposal;  
(64) ‘reuse’ means any operation by which a product or its components, having reached 
the end of their first use, are used for the same purpose for which they were 
conceived;  
(65) ‘competent authority’ means the market surveillance  authority designated in 
accordance with Article 69(1);  
(66) ‘national competent authority’ means the market surveillance authority designated in 
accordance with Article 69(2);  
(67) ‘notifying authority’ means the single public administration in charge of the 
designation and supervision of notified bodies, designated in accordance with Article EN 42  EN 48, unless specified otherwise in the respective provision: only in the Member State 
where the respective notified body is located;  
(68) ‘designating authority’ means  the single public administration in charge of the 
designation and supervision of Technical Assessment Bodies, designated in 
accordance with Article 43, unless specified otherwise in the respective provision: 
only in the Member State where the respective technical assessment body is located;  
(69) ‘authority’ means the European Commission, its agencies, and any notifying 
authority, designating authority or market surveillance authority, unless specified 
otherwise in the respective provision: regardless of in  which Member State it is 
located;  
(70) ‘product presenting a risk’ means a product that, whenever during its entire life -cycle 
and even when created indirectly, has an inherent potential to affect adversely the 
health and safety of persons, the environmen t or the fulfilment of basic requirements 
for construction works when incorporated in those works, to a degree which, taking 
account of the state -of-the-art, goes beyond what is considered reasonable and 
acceptable in relation to its intended use and under  normal or reasonably foreseeable 
conditions of use;  
(71) ‘product presenting a serious risk’ means a product presenting a serious risk as 
defined in Article 3, point (20), of Regulation (EU) 2019/1020.  
Article 4  
Essential characteristics of products  
1. The basic requirements for construction works, set out in Annex I Part A Point 1 
shall constitute the basis for the preparation of standardisation requests and 
harmonised technical specifications.  
2. The essential characteristics specified in accordance with  paragraph 1 or listed in 
Annex I Part A Point 2 and the methods for their assessment shall be laid down in 
standards which are rendered mandatory for purposes of application of this 
Regulation. The essential characteristics of products shall be identified  in view of the 
basic requirements for construction works, taking account of the regulatory needs of 
Member States.  
The Commission may issue standardisation requests in accordance with Article 10 of 
Regulation (EU) 1025/2012 laying down the basic principles and corner stones for 
the establishment of these essential characteristics and their assessment methods.  
The resp ective standardisation requests may also include a request that the European 
standardisation organisation determine in the standards referred to in the first 
subparagraph the voluntary or mandatory threshold levels and classes of performance 
in relation to  the essential characteristics and which of the essential characteristics 
may or shall be declared by manufacturers. In that case, the Commission shall lay 
down the basic principles and corner stones for the establishment of the threshold 
levels, classes a nd mandatory characteristics in the standardisation request.  
The Commission shall verify that the basic principles and corner stones, and the 
Union law are respected in the standards prior to publishing the reference thereof in 
the Official Journal in acc ordance with Article 34.  EN 43  EN 3. By way of derogation from paragraph 2 and in order to cover the regulatory needs of 
Member States and to pursue the goals of Article 114 of the Treaty on the 
Functioning of the European Union, the Commission is empowered to supp lement 
this Regulation by means of delegated acts in accordance with Article 87, by 
establishing, for particular product families and categories, voluntary or mandatory 
essential characteristics and their assessment methods in any of the following cases:  
(a) there are undue delays in the adoption of certain standards referred to in the 
first subparagraph of Article 4(2) by the European standardisation 
organisations, whilst an undue delay is given where the European 
standardisation organisation does not submi t a standard within the time -frame 
set out in the standardisation request;  
(b) there is an urgency for the adoption of more harmonised technical 
specifications that cannot be matched with standards referred to in the first 
subparagraph of Article 4(2) alone; 
(c) one or more essential characteristics referring to basic work requirements set 
out in Annex I Part A , Point 1 or included in Annex I Part A, Point 2  are not 
covered by the standards referred to in the first subparagraph of Article 4(2) the 
reference s of which are already published in the Official Journal;  
(d) the standards referred to in the first subparagraph of Article 4(2) are for other 
reasons considered not sufficient to cover regulatory needs of Member States 
or the needs of economic operators;  
(e) the standards referred to in the first subparagraph of Article 4(2) are not in line 
with EU climate and environm ental legislation and ambition;   
(f) references to standards referred to in the first subparagraph of Article 4(2) 
cannot be published in the Official Journal for the reasons set out in Article 
34(4) or other legal reasons;  
(g) references to standards referred to in the first subparagraph of Article 4(2) have 
been withdrawn from the Official Journal or were published with a restriction.  
4. In order to cover the regulatory needs of Member States and to pursue the 
environmental, safety and harmonisation goals of Article 114 of the Treaty on the 
Functioning of the European Union, the Commission is empowered to supplement 
this Regulation, by means of delegated acts in accordance with Article 87, by 
determining, for particular product families and categories, the following:  
(a) threshold levels and classes of performance in relation to the essential 
characteristics and which  of the essential characteristics may or shall be 
declared by manufacturers;  
(b) conditions under which a product shall be deemed to satisfy a certain threshold 
level or to qualify for a class of performance without testing or without further 
testing.  
5. The Commission is empowered to amend Annex I Part A by means of delegated acts 
in accordance with Article 87 in order to adapt it to technical progress and to cover 
new risks and environmental aspects.  EN 44  EN Article 5  
Product requirements  
1. All products covered  by this Regulation shall, prior to their placing on the market or 
direct installation, satisfy the generic, directly applicable product requirements set 
out in Annex I Part D and the product requirements laid down in Annex I Part B and 
C as specified for the respective product family or category in accordance with 
paragraph 2. The product requirements laid down in Annex I Part B and C are only 
applicable where they have been specified in accordance with paragraph 2.  
2. In order to specify the product requi rements set out in Annex I Part B, C and D, the 
Commission is empowered to supplement this Regulation, by means of delegated 
acts in accordance with Article 87, by specifying , for particular product families and 
categories,  these product requirements and b y laying down the corresponding 
assessment methods. Once the Commission has specified these product requirements 
by delegated acts, it may issue standardisation requests which aim at the elaboration 
of voluntary harmonised standards providing presumption o f conformity with these 
mandatory product requirements as specified by these delegated acts.  
3. The Commission is empowered to amend Annex I Part B, C and D by means of 
delegated acts in accordance with Article 87 in order to adapt it to technical progress  
and in particular to cover new risks and environmental aspects.  
Article 6  
Assessment and verification systems and their product specific modalities  
1. In order to apply a tailor -made approach and to minimise the potential burden on 
manufacturers whilst ensuring a high level of protection of health, safety and the 
environment, the Commission is empowered to supplement this Regulation by means 
of delegated  acts in accordance with Article 87, by determining for each product 
family or category the applicable assessment and verification system among those set 
out in Annex V. It may also determine different assessment and verification systems 
to the same produc t family or category when differentiating by essential 
characteristic or product requirement.  
2. In order to facilitate and to harmonise the application of the requirements or 
obligations contained in Annex V, the Commission is empowered to supplement this  
Regulation, by means of delegated acts in accordance with Article 87, by specifying 
these requirements and obligations for a given product family or category  
3. In order to counter systematic non -compliances of notified bodies or manufacturers 
or in view of adaptation to technical progress, the Commission is empowered to 
amend this Regulation, by means of delegated acts in accordance with Article 87, by 
introducing additional assessment or verification steps in the systems of Annex V.  
Article 7  
Harmonised zone  and national measures  
1. The harmonised zone shall be presumed to be comprehensive, covering all potential 
requirements for products other than those covered by other Union law.  EN 45  EN 2. Member States shall respect the harmonised zone in their national law,  other rules or 
administrative action and shall not set additional requirements for products covered 
by it. They shall in particular apply the following:  
(a) no information, registration or other requirements other than those laid down in 
the harmonised zo ne shall be established ; 
(b) no assessments other than those set out in the harmonised zone shall be made 
mandatory ; 
(c) unless otherwise specified in accordance with Article 5(3), national law, other 
rules or administrative action shall not duplicate or go beyond product 
requirements specified in accordance with Article 5 or the threshold levels 
established in accordance with Article 4(4 ); 
(d) national law, other rules or administrative action shall not require more 
assessments and verifications than thos e set out in Annex V and shall not 
extend the scope of the assessments and verifications of Annex V ; 
(e) national law, other rules or administrative action shall replicate and not request 
more or less than what has been required by threshold levels establi shed in 
accordance with Article 4(4 ); 
(f) national law, other rules or administrative action shall not be based on classes, 
sub-classes or additional classes other than those established in accordance 
with Article 4(4 ); 
(g) where assessment methods have be en established in accordance with Article  
4(2) or in Article 5( 2), national law, other rules or administrative action shall, 
both for construction works and in relation to the characteristics of or 
requirements for products, not refer to other assessment m ethods or modify or 
complement these assessment methods or select just a part thereof.  
This paragraph shall also apply to public tenders or direct attributions of contracts 
where those public tenders or direct attributions are executed under direct or indirect 
control of public entities or are executed with reference to public provisions on 
public tenders or direct attribution of contracts. This paragraph shall also apply to 
grants or other positive incentives with the exception of fiscal incentives. Ho wever, 
harmonised technical specifications may permit or recommend Member States to 
link the decisions on the attribution of public tenders, of contracts or of grants or 
other positive incentives to sub -classes or additional classes other than those 
establ ished in accordance with Article 4(4) where these still relate to environmental 
performances assessed in accordance with these harmonised technical specifications.  
3. Member States shall communicate to the other Member States and to the 
Commission the esse ntial characteristics they require for each product family or 
category, the respective product requirements and the assessment methods they 
apply. They shall refer to these essential characteristics, requirements and assessment 
methods proactively in all f ora and on all occasions relevant for the elaboration of 
harmonised technical specifications . Fora elaborating harmonised technical 
specifications shall take note of these essential characteristics, requirements and 
assessment methods. The essential charac teristics shall be covered by harmonised 
technical specifications to the extent possible.  
4. Where a Member State deems it necessary, on imperative grounds of health, safety or 
protection of the environment, including climate, to establish requirements by  EN 46  EN regulation or to take administrative measures in derogation of paragraph 2, it shall 
notify the Commission thereof, justifying the need for the procedural obligations 
established and explain the regulatory need it aims to address and provide evidence 
both for the existence of the regulatory need and the lack of coverage by the 
harmonised zone and other Union law. Member States shall to that end use 
the notification procedure under Directive (EU) 2015/1535 , where applicable .  
5. The Commission shall, by mea ns of implementing acts, authorise the national 
measure notified under paragraph 4 where:  
(a) it ascertains that the regulation or administrative measure appears duly justified 
in the light of imperative grounds of health, safety or protection of the 
envir onment referred to in paragraph 4;  
(b) the regulatory need is not covered by the harmonised zone or by other Union 
law; 
(c) the notified regulation or administrative measure does not discriminate against 
economic operators of other Member States;  
(d) the notified regulation or administrative measure is able to cover the respective 
regulatory need;  
(e) the notified regulation or administrative measure does not constitute a 
disproportionally large obstacle to the functioning of the Union market; and  
(f) the Commission does not indicate by a letter of intent addressed to the Member 
States its intention to publish or cite, within one year as from the date of 
notification in accordance with paragraph 4, in the Official Journal the 
harmonised technical speci fication or to adopt an act of general applicability 
covering the respective need.  
Those implementing acts shall be adopted  in accordance with the examination 
procedure referred to in Article 88(2). 
On duly justified imperative grounds of urgency relating to human health and safety 
or the protection of the environment, the Commission shall adopt immediately 
applicable implementing acts in accordance with the procedure referred to in Article 
88(3).  
6. Member States shall register all their national regulatio n, and administrative 
measures directly or indirectly influencing the usability of products on their territory, 
into the Single Digital Gateway.  
7. This Regulation does not hinder Member States to introduce mandatory deposit -
refund systems, to oblige manuf acturers to take back used or not used products 
directly or via their importers and distributors and to establish obligations regarding 
the collection and the treatment of products for waste, provided that all of the 
following is complied with:  
(a) the own er of the product, whilst having a choice amongst the manufacturer, the 
importer or the distributor as addressee, is in charge of the transport back to the 
distributor, importer or manufacturer;  
(b) economic operators in other Member States are not otherwi se directly or 
indirectly discriminated.  EN 47  EN 8. Member States may ban the destruction of products taken bac k in accordance with 
Article 22 (2), point (j) and Article 26  or make the destruction of these products 
dependent on their prior making available on a nat ional brokering platform for non -
commercial use of products.  
Article 8  
Relationship with other Union law  
To avoid double assessment of products, the Commission is empowered to supplement this 
Regulation by delegated acts adopted in accordance with Article 87 by determining the 
conditions under which the fulfilment of obligations under other Union law also fulfils certain 
obligations under this Regulation, where otherwise the same aspect of health, safety or 
protection of the environment would be assessed in  parallel under this Regulation and other 
Union law.  
CHAPTER II  
PROCEDURE, DECLARATIONS AND MARKINGS  
Article 9  
Declaration of performance  
1. Where a product is covered by a harmonised technical specification adopted in 
accordance with Article 4 (2) or (3), the manufacturer shall undergo the applicable 
assessment and verification system set out in Annex V and draw up a declaration of 
performance before such a product is placed on the market. A manufacturer of a 
product which is not covered by any harmonised t echnical specification may issue a 
declaration of performance in accordance with the relevant European assessment 
document and European technical assessment.  
2. Where a product is covered by a harmonised technical specification, information 
about its performance in relation to the essential characteristics laid down in the 
applicable harmonised technical specification may be provided elsewhere than in the 
declaration of performance only if in parallel provided in the declaration of 
performance. This ob ligation shall not apply to situations where, in accordance with 
Article 10, no declaration of performance has been drawn up.  
3. By drawing up the declaration of performance, the manufacturer assumes 
responsibility for the conformity of the product with su ch declared performance and 
becomes liable in accordance with Union and national laws on contractual and extra -
contractual liability, and this even where it did not act negligently. In the absence of 
objective indications to the contrary, Member States sha ll presume the declaration of 
performance drawn up by the manufacturer to be accurate and reliable.  EN 48  EN Article 10  
Exemptions from drawing up a declaration of performance  
1. By way of derogation from Article 9(1), a manufacturer may refrain from drawing up 
a declaration of performance when placing a product covered by a harmonised 
technical specification on the market where  any of the following applies : 
(a) the product is, otherwise than by 3D -printing or already existing moulds, 
individually manufactured or c ustom -made in a non -series process in response 
to a specific order, and installed in a single identified construction work, by a 
manufacturer who is also responsible for the safe incorporation of the product 
into the construction work in compliance with th e applicable national rules, and 
under the supervision of those responsible for the safe execution of the 
construction works designated under the applicable national rules;  
(b) the product is otherwise than by 3D -printing or already existing moulds 
manufac tured on the construction site, in a non -series process for its 
incorporation in the respective construction work in compliance with the 
applicable national rules and under the supervision of those responsible for the 
safe execution of the construction wor ks designated under the applicable 
national rules; or  
(c) the product is manufactured in a manner exclusively appropriate to heritage 
conservation and in a non -series process for adequately renovating construction 
works officially protected as part of a de signated environment or because of 
their special architectural or historic merit.  
2. A Member State may exempt from Article 9(1) remanufactured products based on 
products which remain safe after remanufacturing provided that it ensures that the 
product doe s not to circulate outside the territory of that Member State.  
3. A Member State may exempt from Article 9(1) parts of construction works other 
than products that are prepared for re -use or remanufactured provided that the part 
does not to circulate outsid e the territory of that Member State.  
4. A Member State may exempt from Article 9(1) products where  all of the following 
applies : 
(a) the manufacturer is a micro -enterprise without belonging to a family of 
companies or other commercial organisation, includ ing networks, able to 
determine or organise the manufacturer’s activities ; 
(b) the manufacturer uses exclusively or in essence components or materials with 
commonly known stable characteristics or products which have been 
voluntarily subject to this Regula tion and, in all instances, the characteristics of 
the product depend in essence on the characteristics of these components or 
materials ; 
(c) the product does not to circulate outside the territory of that Member State.  EN 49  EN Article 11  
Content of the declaration of performance  
1. The declaration of performance shall express the performance of products in relation 
to the essential characteristics of those products in accordance with the relevant 
harmonised technical specifications or European assessment  document.  
2. The declaration of performance shall be drawn up using the model set out in Annex 
II without the section relating to conformity. The declaration of performance shall at 
least cover the performance with regard to the mandatory essential chara cteristics 
listed in Annex I Part A Point 2, the essential characteristics mandatory by virtue of 
harmonised technical specifications or delegated acts adopted in accordance with 
Article 4( 3), and the assessment of environmental sustainability referred to in Article 
22(1).  
3. The Commission is empowered to amend the model set out in Annex II by delegated 
acts adopted in accordance with Article 87 to permit the inclusion of further 
information in order to allow economic operators to cover new information nee ds. 
4. The information referred to in Article 31 or, as the case may be, in Article 33 of 
Regulation (EC) No 1907/2006 of the European Parliament and of the Council45 
shall be provided together with the declaration of performance.  
Article 12  
Modified declaration of performance for used, remanufactured and surplus products  
1. Where a declaration of performance, issued by the initial manufacturer or another 
economic operator pursuant to this Regulation or Regulation (EU) 305/2011 , is 
available for a used  product, the new declaration of performance may, in derogation 
from Article 11(1), refer to the initial declaration of performance in relation to the 
characteristics declared therein if:  
(a) the intended use is not changed otherwise than by reduction in t erms of 
performance or intended uses or to  merely decorative purposes ; 
(b) the lifespan of the initial product or the relevant durability performance has 
been specified in the initial declaration of performance, the harmonised 
technical specification on wh ich the initial declaration of performance was 
based, or is generally known on the basis of common civil engineering 
knowledge ; 
(c) the time that expired after the first integration of the product into a construction 
work does not exceed the lifespan of th e product or the relevant durability 
performance, whatever is shorter.  
                                                 
45 Regulation  (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 
concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), 
establishing a European Chemicals Agency, amending Directive 1999/45/EC and re pealing Council 
Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 
76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 
396, 30.12.2006, p.  1.). EN 50  EN The economic operator shall attach the initial declaration of performance to the 
declaration of performance issued by him, whilst the latter shall be labelled 
“declaration of performance for used product”.  
2. Where there is no declaration of performance available for a used product issued by 
the initial manufacturer or another economic operator pursuant to this Regulation or 
Regulation (EU) 305/2011 , an economic operator may is sue a new declaration of 
performance without undergoing a full procedure in accordance with this Regulation 
where it limits the intended use to “decoration”. Where the economic operator has 
used this derogation, the declaration of performance shall be labe lled “ declaration of 
performance for used product”.  
3. Paragraphs 1 and 2 shall  not apply where:  
(a) the mechanical and chemical properties of the used product cannot be assumed 
to be stable enough anymore for the new intended use;  
(b) health and safety of  persons would be at risk due to the properties of the 
product;  
(c) the product has been subject to stresses that makes it unsuitable for the new 
intended use; or  
(d) such stress is not very unlikely according to the protocol established by the de -
installe r in accordance with Article 29 and the documentation on the conditions 
of a certain building (“building log -book”).  
Member States shall set -up requirements for de -installers and the certification to be 
provided in accordance with the last sentence, includ ing on the definition of stresses 
that render the product unsuitable.  
4. Paragraphs 1 to 3 shall also apply to remanufactured products, if the transformative 
process, whilst going beyond repair, cleaning or regular maintenance or preparing for 
re-use as de fined in Article 3 , point  (16), of Directive 2008/98/EC after being de -
installed, does not jeopardise the compliance with this Regulation or the performance 
of the product in relation to the relevant characteristics because, by their design, the 
transforma tive process cannot negatively influence the performance and the 
compliance or because the used replacement part has been assessed as equivalently 
performing and compliant. Where the economic operator has used this derogation, 
the declaration of performanc e shall be labelled “ declaration of performance for re -
manufactured product”.  
5. Paragraphs 1 to 4 shall apply to all of the following:  
(a) products which have reached the user or have left the distribution chain, but 
were never installed and for which the  initial manufacturer no longer assumes 
any responsibility as new product (“surplus products”);  
(b) for which the initial manufacturer refused to confirm its responsibility within 
one month after receiving the respective request of the economic operator 
wishing to make available on the market the surplus product.  
Where the economic operator has used this derogation, the declaration of 
performance shall be labelled “ declaration of performance  for surplus product”.  
6. Article 21(3) and Article 22(1) shall onl y apply to products falling under the 
derogations of paragraphs 1 to 5 where the economic operator making them available 
on the market requests their application.  EN 51  EN Article 21(2) shall  not apply to products falling under the derogations of paragraphs 
1 to 5. However, the economic operators shall provide the information set out in 
Annex I Part D.  
7. Unless the economic operator opts for the application of harmonised technical 
specificati ons, the products falling under the derogations of paragraphs 1 to 5 shall 
be exempted from threshold levels, product requirements and applicable harmonised 
technical specifications.  
8. By issuing the declaration of performance, the economic operator assu mes 
responsibility for the conformity of the product with such declared performance and 
becomes liable in accordance with EU and national laws on contractual and extra -
contractual liability. In the absence of objective indications to the contrary, Member 
States shall presume the declaration of performance to be accurate and reliable.  
9. This article shall not apply to used, remanufactured or surplus products which have 
never been placed on the Union market or which have never been installed in the 
Union.  
Article 13  
Declaration of conformity  
1. Before placing a product on the market, the manufacturer who is not exempted from 
the obligation to produce a declaration of performance shall:  
(a) verify the product’s compliance with the product requirements of Annex  I Part 
B and C to the extent that they have been specified by delegated acts in 
accordance with Article 5(2), and with the product requirements of Annex I 
Part D ; 
(b) undergo the respective assessment and verification system set out in Annex V ; 
and  
(c) draw up a declaration of conformity.  
2. The manufacturer may decide to issue a declaration of conformity in accordance with  
paragraph 1 even where exempted from the obligation to produce a declaration of 
performance.  
3. By the declaration of conformity, th e manufacturer assumes responsibility for the 
conformity of the product with the product requirements and becomes liable in 
accordance with national laws on contractual and extra -contractual liability, and this 
even where it did not act negligently. In cas e of non -compliance or absence of a 
declaration of conformity, the product may not be made available on the market. In 
the absence of objective indications to the contrary, Member States shall presume the 
declaration of conformity drawn up by the manufactu rer to be accurate and reliable.  
Article 14  
Content of the declaration of conformity  
1. The declaration of conformity shall express conformity of a product with product 
requirements referred to in Article 5 (1) and (2). EN 52  EN 2. The manufacturer shall combine the  declaration of conformity with the declaration of 
performance into a single declaration, to be labelled “Declaration of performance and 
conformity” as set out in Annex II.  
3. Article 11 (2) to (4)  and Article 12 shall apply with regard to the declaration o f 
conformity.  
4. The manufacturer shall fulfil the obligations of this Article as from the first revision 
of the declaration of performance undertaken by the manufacturer after the date of  
application of harmonised technical specification, for the respecti ve product family 
or category, but at the latest 3 years after that date.  
Article 15  
Supply of the declaration of performance and of the declaration of conformity  
1. The manufacturer shall supply by electronic means  a copy of the declaration of 
performance and of the declaration of conformity of each product which is made 
available on the market.  
However, where a batch of the same product is supplied to a single user, it may be 
accompanied by a single copy of the decla rations.  
2. Where the declaration is provided by electronic means, the manufacturer shall issue 
that declaration in a commonly readable, but unamendable electronic format. 
Alternatively, the manufacturer may use a permalink provided that the permalink and 
the document accessible via the permalink are unamendable. Commission Delegated 
Regulation (EU) No  157/201446 shall apply under this Regulation .  
The manufacturer shall supply a paper copy of the declarations if the recipient 
requests for such paper copy.  
3. Declarations may contain permalinks to unamendable environmental product 
declarations or other unamendable documents containing the requested information if 
those documents follow the order and structure of the declarations or if a correlation 
table link ing the order of the declarations to the order of these documents is provided 
together with the permalink.  
4. The manufacturer shall supply the declaration of performance and the declaration of 
conformity in the language or the languages required by the Me mber States where 
the manufacturer intends to make the product available. Another economic operator 
who makes a product available in another Member State shall make available a 
translation of the declaration of performance and the declaration of conformity  in the 
languages required by that Member State together with the original, and shall comply 
with paragraphs 1 and 2.  
                                                 
46 Commission Delegated Reg ulation (EU) No 157/2014 of 30 October 2013 on the 
conditions for making a declaration of performance on construction products available on a 
website; OJ L 52, 21.2.2014, p. 1.  EN 53  EN Article 16  
General principles and use of CE marking  
1. The CE marking shall be subject to the general principles set out in Article 30 of 
Regulation (EC) No 765/2008.  
2. The CE marking shall be affixed to those products for which the manufacturer has 
drawn up a declaration of performance or conformity in accordance with Articles 9 
and 11 to 14. The CE marking shall be affixed to key parts. T he CE marking may not 
be affixed to parts which are not key parts.  
3. If neither a declaration of performance nor a declaration of conformity has been 
drawn up by the manufacturer, the CE marking shall not be affixed.  
4. By affixing or having affixed the CE marking, the economic operator  indicates that it 
takes responsibility for the conformity of the product with the declared performance 
and applicable product requirements of this Regulation or laid down in accordance 
with this Regulation. By affixing the  CE marking, the economic operator becomes 
liable for the declared performance and the fulfilment of these requirements in 
accordance with national law on contractual and extra -contractual liability.  
5. The CE marking shall be the only marking which attes ts the performance of the 
product with regard to assessed essential characteristics and the conformity of the 
product with this Regulation.  
Member States shall not introduce any references or shall withdraw any references in 
national measures to a marking attesting conformity with requirements or the 
declared performance in relation to the essential characteristics covered by the 
harmonised zone.  
6. A Member State shall not prohibit or impede, within its territory or under its 
responsibility, the making ava ilable on the market or the use of products bearing the 
CE marking, when the declared performances correspond to the requirements for 
such use in that Member State.  
A Member State shall not prohibit or impede, within its territory or under its 
responsibility, the making available on the market or the use of products bearing the 
CE marking, when the product conforms with product requirements set -up in or by 
means of this Regulation, unless it is specified in the respective harmonised technical 
specification that the respective requirements constitute only minimum requirements.  
7. A Member State shall ensure that the use of products bearing the CE marking shall 
not be impeded by rules or conditions imposed by public bodies or private bodies 
acting as a public undertaking, or acting as a public body on the basis of a monopoly 
position or under a public mandate.  
Article 17  
Rules and conditions for the affixing of CE marking  
1. The CE marking shall be affixed visibly, legibly and indelibly to the product or to a 
label attached to it. Where this is not possible or not warranted on account of the 
nature of the product, it shall be affixed to the packaging or to the accompanying 
documents.  EN 54  EN 2. The CE marking shall be followed by:  
(a) the two last digit s of the year in which it was first affixed ; 
(b) the name and the registered address of the manufacturer, or the identifying 
mark allowing identification of the name and address of the manufacturer 
easily and without any ambiguity ; 
(c) the name and the registered address of the authorised representative, or the 
identifying mark allowing identification of the name and address of the 
authorised representative easily and without any ambiguity where the 
manufacturer does not have a place of business in the U nion or where the 
manufacturer chooses to have an authorised representative ; 
(d) the unique identification code of the product -type, the permalink to the 
manufacturer’s products registration(s) in Union databases and the precise 
location therein where the product can be found ;  
(e) the permalink to the manufacturer’s own product presentation website, if any 
there is  any; 
(f) the reference number of the declaration of performance ; and 
(g) the identification number of the notified body, if applicable.  
The ite ms listed in points d) to f) may be replaced by a permalink to the combined 
declaration of performance and of conformity (electronic CE marking).  
3. The CE marking shall be affixed before the product is placed on the market or 
directly installed into a con struction work. It may be subsequently followed by a 
pictogram or any other mark indicating a special risk or use.  
Article 18  
Other markings  
Markings other than the CE marking, including private ones, may be affixed on a product 
only if they do not cover or refer to harmonised technical specifications or to product 
requirements or essential characteristics or assessment methods included in the harmonised 
zone.  
No other marking than marking set out by Union legislation may be affixed on a product in a 
dista nce smaller than the double length of the CE marking measured from any point of the CE 
and the other marking set out by Union law.  
No other marking than the CE marking may be placed on the declaration of performance or 
the declaration of conformity.  
 EN 55  EN CHAPT ER III  
OBLIGATIONS AND RIGHTS OF ECONOMIC OPERATORS  
Article 19  
Obligations of all economic operators  
1. An economic operator shall take all necessary measures to ensure continued 
compliance, including of products, with this Regulation. Where non -complianc e of 
the economic operator or of a product has been stated and corrective action has been 
requested by a market surveillance authority in accordance with Article 70(1), the 
economic operator shall submit progress reports to that authority until that author ity 
decides that the corrective action can be closed.  
2. Where diverging statements of non -compliance of an economic operator or of a 
product and requests for corrective action emanate from authorities of different 
Member States, an economic operator shall  take differentiated measures, subject to 
where the products are intended to be made available on the market or directly 
installed. Where this is not possible or where a more severe measure imposed by one 
Member State encompasses the less severe measure im posed by another, the more 
severe measure  shall  be taken. Where these rules do not lead to a clear result, the 
Member States concerned and the Commission, and, on their request, other Member 
States shall try to find a common solution and, if need is, adopt  an implementing act 
in accordance with Article 33.  
3. An economic operator shall, on request of an authority, communicate  any economic 
operator or other actor  to that authority:  
(a) who has supplied it with a product, including components or replacement parts 
of products, or service s, with relevance for a product, and the quantity of that 
supply;  
(b) to who it has supplied a product, including components or replacement parts of 
products, or service s, with relevance for a product, and the quantity of that 
supply;  
(c) who is involved in financial and other collateral services linked to the making 
available or direct installation of products.  
When identifying the operators referred to in first subparagraph, an economic 
operator shall inform the authority abou t to all connected data, including:  
(i) addresses of the operators referred to in the first subparagraph;  
(ii) contact details of these operators;  
(iii) email addresses, websites and social media profiles of these operators;  
(iv) tax and company registra tion numbers of these operators;  
(v) bank accounts of these operators; and  
(vi) names, addresses, contact details of natural or legal persons acting for those 
operators.  
4. An economic operator shall be able to present all documentation and information 
referred to in this Chapter to authorities for a period of ten years after they have last EN 56  EN been in possession or dealing with the product in question, unless they are 
permanently available via the product registration database or system established in 
accordan ce with Article 78. It shall present the documentation and information 
within 10 days of receipt of a request by the respective authority.  
5. An economic operator shall provide all the requested data into the database or system 
established in accordance with Article 78 within two months after the availability of 
that database or system has been stated in a publication of the Official Journal and  
bear the fees of registration linked thereto. It shall at least bi -annually verify the 
correctness of the provided data.  
An economic operator shall register into its respective national system established in 
accordance with Article 77( 5).  
An economic op erator shall make available to consumers and users communication 
channels , including  telephone numbers , e-mail or dedicated sections of its website 
and social media page, allowing it to communicate any accident, other incident or 
safety issue it has experi enced with the product.  
6. An e conomic operator may inform authorities of any likely infringement of this 
Regulation it become s aware of. Where th is economic operator consider s that non -
conforming products present a risk to human safety or to the environme nt, it shall 
immediately inform the competent authorities of the Member States in which it made 
the product available thereof, giving details, in particular, of the non -compliance and 
of any corrective measures taken.  
7. An economic operator subject to cer tification by a notified body or supplying 
services or parts to manufacturers shall permit notified bodies to have access to its 
documentation and to its premises to the extent that this is needed for the activities of 
the notified bodies. It shall produce  correct information for notified bodies and shall 
correct any incorrect information. Moreover, this economic operator shall inform the 
notified body within one month of all changes that might affect the compliance with 
this Regulation.  
Article 20 
Procedural rights of economic operators  
1. Any definitive or interim measure, decision or order taken or made by authorities 
pursuant to this Regulation against an economic operator and the natural or legal 
persons acting on their behalf shall state the ex act grounds on which it is based.  
2. Any such measure, decision or order shall be communicated without delay to the 
relevant economic operator and the natural or legal persons acting on their behalf, 
who shall at the same time be informed of the remedies a vailable to them under the 
law of the Member State concerned and of the time limits to which those remedies 
are subject.  
3. Before a measure, decision or order referred to in paragraph 1 is taken or made, the 
economic operator concerned shall be given the opportunity to be heard within an 
appropriate period of not less than 10 working days, unless there is urgency of the 
measure, decision or order, based on health or safety requirements or other grounds 
relating to the public interests covered by this Regul ation.  EN 57  EN 4. If the measure, decision or order is taken or made without the economic operator 
being given the opportunity to be heard, the economic operator shall be given that 
opportunity as soon as possible thereafter and that measure, decision or order can  be 
reviewed promptly by the market surveillance authority.  
5. Member States shall ensure that any measure covered by this Article can be 
appealed, with or without prior administrative appeal procedure, before a competent 
court. That court shall also be c ompetent for deciding on the suspensive effect of the 
appeal or interim measures to be imposed by the court in view of both the public 
interest and the interests of the economic operator.  
Article 21  
Obligations of manufacturers  
1. The manufacturer shall determine the product type, respecting the boundaries  set up 
therefore by the definition provided in Article 3 point (31). The product type shall be 
processed in accordance with the applicable assessment and verification system set 
out in Annex V. The manufacturer  shall draw up a declaration of performance and a 
declaration of conformity in accordance with Articles 9 and Articles 11 to 15 and 
affix the CE marking in accordance with Articles 16 and 17. 
2. The manufacturer shall refrain  from any claim about the characteristics of a product 
that is not based on:  
(a) the assessment method contained in a harmonised technical specification where 
the relevant characteristic is covered by such; or  
(b) where no such assessment method exists, an assessment method which 
represents the most effective and advanced method to achieve an accurate 
assessment.  
3. The manufacturer shall, as the basis for the declarations referred to in paragraph  1, 
draw up a technical documentation describing the intended  use including the precise 
conditions for use and all the elements necessary to demonstrate performance and 
conformity.  
That technical  documentation shall contain the mandatory or facultative calculation 
of environmental, including climate sustainability assessed in accordance with 
harmonised technical specifications adopted under this Regulation or with 
Commission acts adopted under thi s Regulation.  
The second subparagraph shall not apply in case of used, remanufactured or surplus 
products, unless the economic operator, subject to the obligations of this Article by 
virtue of Article 26, opts for the application of this Regulation for new  products.  
4. The manufacturer shall ensure that procedures are in place to ensure that series 
production maintains the declared performance and conformity. Changes in the 
production process, in product design or in characteristics, and changes in the 
harm onised technical specifications by reference to which performance or 
conformity of a product is declared or by application of which its performance or 
conformity is verified, shall be adequately taken into account and, in case the 
product’s performance or conformity is affected, shall trigger a re -assessment in 
accordance with the relevant assessment procedure.  EN 58  EN The manufacturer shall, where deemed appropriate with regard to ensuring the 
accuracy, reliability and stability of the declared performance and of the conformity 
of a product, carry out sample testing of products placed or made available on the 
market, and, if necessary, keep a register of complaints, of non -conforming products 
and product recalls, and shall keep importers and distributors informed o f any such 
monitoring.  
The procedures referred to in the first subparagraph, the sample tests referred to in 
the second subparagraph and the application of the applicable system of Annex V 
shall be described in the technical documentation referred to in pa ragraph 3.  
5. The m anufacturer  shall ensure that its product bear a manufacturer -specific type 
number and a batch or serial number. If this is impossible, the required information 
shall be provided on the packaging, on an affixed tag or, as last resort, in  a document 
accompanying the product.  
The m anufacturer shall in the same way as set out in the first subparagraph label a 
product as “Only for professional use” if it is not intended for consumers or other 
non-professional users. Products not labelled “Onl y for professional use” shall be 
deemed to be also intended for non -professional users and consumers in the meaning 
of this Regulation and the Regulation (EU) … [Regulation on General Product 
Safety].  
The manufacturer shall, in a visible manner, display to  customers before it is bound 
by a sales contract, including in case of distance selling, the information which  shall  
be labelled pursuant to this Regulation or harmonised technical specifications.  
6. When making a product available on the market in a cer tain Member State, the 
manufacturer shall ensure that the product is accompanied by the information set out 
in harmonised technical specifications and in Annex I Part D in a language 
determined by the Member State concerned or, in absence of such determina tion, in a 
language which can be easily understood by users.  
The Commission may, by means of implementing acts determine the format and the 
way of transmission of information to be provided by the manufacturer in accordance 
with the  first subparagraph.  
Those implementing acts shall be adopted in accordance with the examination 
procedure referred to in Article 88(2). 
7. The manufacturer shall upload the data of the declaration of performance, of the 
declaration of conformity, the information referred to i n paragraph 6 and the 
technical documentation in the EU product database or system established in 
accordance with Article 78.  
8. The manufacturer who has reason to believe that a product which it has placed on the 
market is not in conformity with requireme nts of this Regulation or adopted in 
accordance with this Regulation, shall immediately take the necessary corrective 
measures to bring that product into conformity, or, if appropriate, to withdraw or 
recall it. If the issue is linked to a supplied compone nt or an externally provided 
service, the manufacturer shall inform the supplier or service provider and the 
manufacturer’s national competent authority thereof; the latter shall transmit the 
respective information to the national competent authority respo nsible for the 
supplier or service provider and suggest appropriate measures.  EN 59  EN 9. Where the product presents a risk or is likely to present a risk, the manufacturer shall 
within two working days thereof inform the authorised representative, importers, 
distributors, fulfilment service providers, and online market places involved in the 
distribution, as well as the competent national authorities of the Member States in 
which the manufacturer or – to its knowledge – other economic operators made the 
product ava ilable. The manufacturer shall, to that effect, provide all useful details 
and, in particular, specify the type of the non -compliance, the frequency of accidents 
or incidents and the corrective measures taken or recommended. In case of risks 
caused by prod ucts which have already reached the final user or consumer, the 
manufacturer shall also alert the media and inform them about appropriate measures 
to eliminate or, if not possible, to reduce the risks. In case of a “serious risk” in the 
meaning of Article 3, point (71) the manufacturer shall withdraw and recall the 
product at their own cost.  
10. The manufacturer shall be liable for infringement of this Article and of Article 19 in 
accordance with national law on contractual and extra -contractual liability.  
Article 22  
Additional e nvironmental obligations of manufacturers  
1. For the product characteristics specified in Annex I Part A Point 2, the manufacturer 
shall assess the environmental characteristics of the product in accordance with 
harmonised technical specifications or with Commission acts adopted under this 
Regulation  and use, once available, the latest version of the software made freely 
available on the website of the European Commission. However, this shall not apply 
in case of used, remanufactured or surplus products, unless the economic operator, 
subject to the ob ligations of this Article by virtue of Article 26, opts for the 
application of this Regulation as for new products.  
2. Unless product safety or the safety of construction works is thereby negatively 
impacted, the manufacturer has the following obligations:  
(a) design and manufacture products and their packaging in such a way that their 
overall environmental, including climate sustainability reaches the state of the 
art level, unless a lower level:  
(i) is proportionate when compared to the environmental sust ainability 
improvement triggered by them at the level of the construction works ; 
and 
(ii) is either necessary to improve the environmental sustainability at the 
level of the construction works . 
(b) under the conditions set out in point (a)(i) and (ii)  give preference to recyclable 
materials and materials gained from recycling;  
(c) respect the minimum recycled content obligations and other limit values 
regarding aspects of environmental, including climate sustainability contained 
in harmonised technical  specifications;  
(d) prevent premature obsolescence of products, use reliable parts and design 
products in such a way that their durability does not fall beyond the average 
durability of products of the respective category;  EN 60  EN (e) design products in such a wa y that they can be easily repaired, refurbished and 
upgraded, unless such design triggers non -compliance with other requirements 
of this Regulation, or other Union law, or repairing, refurbishing or upgrading 
is risky for human safety or the environment, i n which case the manufacturer  
shall refrain from repairable, refurbishable or upgradable design and warn 
against repairing in accordance with point (f); 
(f) make available, in product databases, instructions for use and on permalinks of 
their own websites,  information on how to repair the products and any 
additional information necessary for repairing, including relevant warnings;  
(g) make available on the market itself or by specially designated distributors or by 
manufacturers of spare parts, with reasonably short delivery time, spare parts 
for their products for 10 years after the last product of the respective type has 
been placed on the market or directly installed and inform proactively about 
this availability;  
(h) design products in such a way that re -use, remanufacturing and recycling are 
facilitated, namely by facilitating the separation of components and materials at 
the later stage of recycling and avoiding mixed, blended or intricate materials, 
unless remanufacturing and recycling are risky  for human safety or the 
environment. In this case the manufacturer shall refrain from such design and 
warn against remanufacturing and recycling in accordance with the following 
point ; 
(i) make available, in product databases, instructions for use and on their own 
websites, information on how to remanufacture or recycle the products and any 
additional information necessary for re -use, remanufacturing or recycling, 
including relevant warnings;  
(j) accept to regain, directly or via their importers and distri butors, ownership of 
surplus and unsold products that are in a state equivalent to the one in which 
they were placed on the market.  
Where obligations of this paragraph cannot be cumulatively fulfilled due to a conflict 
arising between different obligation s, the manufacturer shall cho ose a trade -off 
solution that brings the highest and most cost -effective benefits in terms of 
environmental sustainability for the products and construction works combined. 
However, the “safety first” principle, applicable both  for the construction product 
and the construction works, shall in all instances be respected, and shall encompass 
protection of health.  
3. Paragraph 2, points (a) to (c) and paragraph 2 point (j), shall not apply in case of 
used, remanufactured or surplus  products, unless the economic operator, subject to 
the obligations of this Article by virtue of Article 26, opts for the application of this 
Regulation as for new products.  
4. In order to specify the obligations set out in paragraph 2, the Commission is 
empowered to supplement this Regulation, by means of delegated acts in accordance 
with Article 87, by specifying , for particular product families and categories,  these 
obligations. Alternatively, the Commission may issue standardisation requests which 
aim a t the elaboration of harmonised standards providing presumption of conformity 
with the obligations of paragraph 2 for a specific product family or category. The 
obligations contained in paragraph 2 shall not apply before such a delegated act or a 
harmonise d standard has become applicable.  EN 61  EN 5. In order to ensure transparency for the users and to promote sustainable products, the 
Commission is empowered to supplement this Regulation by delegated acts adopted 
in accordance with Article 87 to establish specific environmental sustainability 
labelling requirements including “traffic -light-labelling” in relation to environmental 
obligations set out in paragraph 1, product inherent environmental requirements set 
out in Annex I Part C Point 2, and environmental performance classes established in 
accordance with of Article 4(4), point (a). 
6. The manufacturer shall affix the traffic light label in the way set out in the delegated 
acts adopted in accordance with paragraph 5.  
Article 23  
Obligations of authorised representatives  
1. A manufacturer may appoint, by a written mandate, any natural or legal person 
established within the Union as a single authorised representative. A m anufacturer 
not established in the Union  shall appoint a single authorised representative.  
2. Authorised representatives shall act with due care in relation to the obligations of this 
Regulation. They shall be liable for gross negligence or conscious infringement of 
this Article and of Article 19 in accordance with national law on contractual and 
extra -contractual liability . 
3. The authorised representative shall perform the tasks specified in the mandate. The 
mandate shall allow the authorised representative to carry out at least the following 
tasks and shall give the authorised representative the following rights:  
(a) keep the declaration of performance and the technical documentation at the 
disposal of national market surveillance authorities;  
(b) provide th e market surveillance authorities  with all the information and 
documentation necessary to demonstrate the conformity o f the product with the 
declaration of performance and compliance with other applicable requirements 
in this Regulation  at their reasoned request ; 
(c) terminate the contract where the manufacturer infringes this Regulation and 
inform thereof the competent n ational authorities  of the Member States where 
the product is placed on the market and the national competent authority of his 
own place of business ; 
(d) when having reason to believe that a product in question is non -compliant or 
presents a risk, inform t he national competent authorit ies of the Member States 
where the product is placed on the market and the national competent authority 
of his own place of business thereof; and  
(e) cooperate with the market surveillance  authorities, at their request, on any  
action taken  
– to eliminate risks posed by products covered by the mandate of the authorised 
representative;  or 
– to remedy non -conformities.  
The drawing up of technical documentation shall not form part of the authorised 
representative’s mandate, but may become subject to a separate contract  between the 
manufacturer and the authorised representative . EN 62  EN 4. The authorised representative shall verify the compliance of the product with 
requirements regarding marking, labelling, instructions for use, declaration of 
performance and conformity. The authorised representative shall also verify at a 
documentary level that the manufacturer satisfie s his obligations set out in Article  
19(4) to (6) , Article 21(1) to ( 3) and (5) to (7) , Article 22(1) and  Article 22 (2) points 
(f) and (i),  and Article 27(6).  
5. Where an authorised representative considers that there is a non -compliance 
mentioned in the paragraph  4, the authorised representative shall ask the 
manufacturer to remedy the non -compliances. The manufacturer shall thereon stop 
the placing on the market and ask other economic operators involved in the 
distribution to stop their commercial activities, until the authorised representative 
regards the infringements as remedied. Where the non -compliances are not remedied 
within one month whilst products possibly continue to be made available on the 
market, the authorised representative shall be allowed to terminate his contract with 
the manufacturer and thereof inform the national competent authorities of the 
Member States  where the products are placed on the market and the national 
competent authority of his own place of business. The latter shall coordinate joint 
actions of all competent authorities, unless the national competent authorities agree 
on another national comp etent authority to coordinate.  
Article 24  
Obligations of importers  
1. The importer shall place on the Union market only products which are compliant 
with this Regulation. Before placing a product on the market, the importer shall 
verify at a documentary le vel that the manufacturer has complied with the 
obligations set out in Article 21 (1), (3) and (5) to (7)  and in Article 22 (2), points (f) 
and (i) . It shall be liable for infringement of this Article and of Article 19 in 
accordance with national law on contractual and extra -contractual liability.  
2. The importer shall verify that the intended use of the product has been precisely and 
correctly determined by the manufacturer and shall ensure that the product is 
accompanied by a clear indication of the inf ormation set out in harmonised technical 
specifications and in Annex I Part D in a language determined by the Member State 
concerned which can be easily understood by users. The importer shall, in a visible 
manner, display to customers before they are boun d by a sales contract, including in 
case of distance selling, the information which  shall  be labelled pursuant to this 
Regulation or harmonised technical specifications.   
3. The importer shall ensure that, while a product is under its responsibility, stora ge or 
transport conditions do not jeopardise its conformity with the declaration of 
performance and compliance with other applicable requirements in this Regulation.  
4. After having assembled all available product information from the manufacturer and 
the de-installer, the importer shall in particular scrutinise used and remanufactured 
products, namely with regard to damages or indications for loss of performance or 
non-compliance and changed mechanical or chemical properties, and assess all risks; 
when nec essary to ensure safety or the protection of the environment, the importer 
shall reduce the intended use or refrain from selling. This obligation shall also apply 
to used and remanufactured products for which no declaration of performance  is 
mandatory.  EN 63  EN 5. Where an importer considers or has reason to believe that the product is not in 
conformity with the declaration of performance or not in compliance with other 
applicable requirements in this Regulation, the importer shall not place the product 
on the marke t until it conforms to the accompanying declaration of performance and 
it complies with the other applicable requirements in this Regulation or until the 
declaration of performance is corrected. Furthermore, where the product presents a 
risk, the importer shall inform the manufacturer and the geographically responsible 
national competent authority thereof.  
6. The importer shall indicate its name, registered trade name or registered trade mark, 
its place of business, its contact address and, where available, electronic means of 
communication on the product or, where that is not possible, on its packaging or in a 
document accompanying the p roduct . 
7. The importer shall investigate  complaints , and, if necessary, keep a register of 
complaints, of non -conforming products and of product withdrawals or recalls, and 
shall keep manufacturers and distributors informed of any such monitoring.  
8. The importer selling to final users shall also fulfil the obligations incumbent on 
distributors.  
Article 25  
Obligations of distributors  
1. When making a product available on the market, the distributor shall act with due 
care in relation to the obligations of this Regulation. It shall be liable for 
infringement of this Article and of Article 19 in accordance with national law on 
contractual and extra -contractual liability.  
2. When making a product available on the market, the distributor shall fulfil the 
obliga tions incumbent on importers in accordance with Article 24 (1) to (5)  whilst 
references to “placing on the market” shall be understood as “further making 
available on the market”.  
3. The distributor shall ensure that no products are sold to consumers or oth er non -
professional users which are labelled “for professional use only”. These products 
shall, in their premises, online and on paper publicity material, be presented as 
products for professional use only.  
Article 26  
Cases in which obligations of manufacturers apply to importers and distributors  
1. An importer or distributor shall be considered a manufacturer for the purposes of this 
Regulation and shall be subject to the obligations of a manufacturer pursuant to 
Articles 21 and 22, where:  
(a) there is no manufacturer in the meaning of this Regulation;  
(b) it places a product on the market as manufacturer under its name or trademark ; 
(c) it modifies a product in such a way that compliance with the declaration of 
performance and of conformity or wi th the requirements set out in and in 
accordance with this Regulation may be affected ; EN 64  EN (d) it treats a product in a way that changes the hazards or increases the level of 
risk caused by it during its life -cycle ; 
(e) it makes a product available on the market with an intended use that is different 
from the intended use attributed by the manufacturer in the performance and 
conformity assessment procedure ; or 
(f) it claims for it characteristics deviating from the characteristics claimed by the 
manufacture r. 
2. Paragraph 1 shall also apply to:  
(a) an importer of used or remanufactured products, unless the used or 
remanufactured product have  been placed on the Union market before being 
used;  
(b) an importer or distributor of used products who does either of  the following:  
(i) subjects those used products to a transformative process going beyond 
repair, cleaning and regular maintenance after being de -installed;  
(ii) opts for assuming the role of the manufacturer.  
3. Paragraph 1 shall not apply where the econo mic operator only:  
(a) adds translations of the information supplied by the manufacturer;  
(b) replaces the outer packaging of a product already placed on the market, 
including when changing the pack size, if the repackaging is carried out in such 
a way tha t the original condition of the product cannot be affected by it and 
that the information to be provided in accordance with this Regulation is still 
correctly provided . 
4. An economic operator providing the activities listed in paragraph  3 shall inform 
thereof the manufacturer or its authorised representative, regardless of whether they 
own the products or whether they provide services. It shall carry out the repackaging 
in such a way that the original condition of the product cannot be affected by the 
repackaging and that the information to be provided in accordance with this 
Regulation is still correctly provided. The economic operator shall act with due care 
in relation to the obligations of this Regulation. It shall be liable for infringement of 
this Reg ulation.  
Article 27  
Obligation of fulfilment service providers, brokers, online market places, online sellers , 
online shops  and online search engines  
1. When contributing  to the making available on the market or direct installation of a 
product, fulfilment service provider or broker shall act with due care in relation to the 
obligations of this Regulation. It shall be liable for infringement of this Article and of 
Article 19 in accordance with national law on contractual and extra -contractual 
liability.  
2. A fulfilment service provider, online seller or broker shall:  
(a) display, in a visible manner, to customers before they are bound by a sales 
contract, including in case of distance selling, the information which  shall  be 
labelled pursuant to this Regulation or harmonised technical specifications;  EN 65  EN (b) verify that the manufacturer has complied with the obligations set out in Article 
21(1), (3) and  (5) to (7) and Article 22(2), points (f) and (i);  
(c) fulfil the obligations laid down in Article 24( 5), whilst references to “placing 
on the market” shall be understood as “supporting the making available on the 
market”;  
(d) eliminate all offers for products which are non -compliant or likely to be risky 
in the meaning of Article 21(9) last sentence on their own initiative or, within 
two working days, on request of the market surveillance authorities;  
(e) inform concerned authorities on the measures taken in accordan ce with points 
(b), (c) and (d);  
(f) support product withdrawals or recalls, regardless of whether initiated by 
authorities, the manufacturer, the authorised representative or the importer. In 
cooperation with the economic operator concerned, the fulfilmen t service 
provider or broker  shall inform consumers directly  of product withdrawals or 
recalls . It shall keep the concerned authorities informed of any action taken . 
3. An online marketplace shall:  
(a) design and organise its online interface in such a way that it allows third party 
traders to provide to the customers of these traders any information referred to 
in paragraph 2, point (a); 
(b) establish a single contact point for direct communication with Member States’  
authori ties in relation to  non-compliant, under -performing or unsafe product . 
This contact point may  be the same as the one referred to in [Article 20(1)] of 
Regulation (EU) …/… [the General Product Safety Regulation] or [Article 
10(1)] of Regulation (EU) …/… [th e Digital Services Act] ; 
(c) give an appropriate answer without undue delay, and in any event within five 
working days, in the Member State where the online marketplace operates, to 
notices related to notification of accidents and other incidents with prod ucts 
received in accordance with [Article 14] of Regulation (EU) […/…] on a 
Single Market for Digital Services (Digital Service Act) and amending 
Directive 2000/31/EC;  
(d) cooperate to ensure effective market surveillance measures, including by 
abstaining from putting in place obstacles to such measures;  
(e) inform the market surveillance authorities of any action taken;  
(f) establish a regular and structured exchange of information on offers that have 
been removed on the basis of this Article by online marketplaces;  
(g) allow online tools operated by market surveillance authorities to access their 
interfaces in order to identify non -compliant products;  
(h) upon request of the market surveillance authorities, when the online 
marketplace or its online sel lers have put in place technical obstacles to the 
extraction of data from their online interfaces, allow those authorities to scrape 
such data for product compliance purposes based on the identification 
parameters provided by the requesting market surveill ance authorities.  
4. As far as powers conferred by Member States in accordance to Article 14 of 
Regulation (EU) 2019/1020 are concerned, Member States shall confer on their EN 66  EN market surveillance authorities the power, for all products covered by this 
Regulat ion, to order an online marketplace to remove specific illegal content 
referring to a non -compliant product from its online interface, to disable access to it 
or to display an explicit warning to end users when they access it. Such orders shall 
comply with  [Article 8(1)] of Regulation (EU) …/… [the Digital Services Act].  
5. An online marketplace shall take the necessary measures to receive and process in 
accordance with [Article 8] of Regulation (EU) …/… [the Digital Services Act]  the 
orders referred to in paragraph 4 . 
6. The paragraphs 1 and 2, paragraph 3, points (b) to (i) and  paragraphs 4 and  5 shall 
also apply to manufacturers, importers, distributors or other economic operators 
offering products online without involvement of an online marketplace (“online 
shops”).  
7. The paragraph 3, points (d) to (h) shall also apply to online search engines.  
8. A fulfilment service provider shall ensure that the conditions during warehousing, 
packaging, addressing or dispatching, do not jeo pardise the products’ compliance 
with the requirements set out in this Regulation.  
Article 28  
Obligations of 3D -printing service providers and of providers of moulds, of 3D -printing 
datasets, and of 3D -printing materials  
1. A 3D -printing service provider shall:  
(a) refrain from placing on the market or directly installing products for clients 
without satisfying the obligations incumbent on manufacturers;  
(b) inform its clients that they may use 3D -printing services only for the 
fabrication of products for their own use, unless satisfying the obligations 
incumbent on manufacturers;  
(c) inform its clients that the 3D -datasets and the materials to be used shall  have 
undergone the procedures applicable to products under this Regulation; and  
(d) inform its clien ts that both the information provided by the manufacturer of the 
3D-dataset and the information provided by the manufacturer of the printing 
material shall  coincide and confirm the usability of the material for that type of 
3D-dataset and the given 3D -printing technology.  
2. Providers of moulds and of 3D -datasets intended to produce items covered by this 
Regulation shall produce 10 such items and shall make them available to the notified 
body, technical assessment body and to authorities on request. Provide rs of moulds 
and of 3D -datasets intended to produce items covered by this Regulation  shall assess 
and document the fulfilment of requirements of this Regulation with regard to the 
produced items.  
3. Providers of materials intended to be used for the 3D -printing of items covered by 
this Regulation on or close to the construction site shall produce 10 such items for 
each intended use and shall make them available to the notified body, technical 
assessment body and to authorities on request. Providers of mater ials intended to be 
used for the 3D -printing of items covered by this Regulation on or close to the EN 67  EN construction site  shall assess and document the fulfilment of requirements of this 
Regulation with regard to the produced items.  
Article 29  
Obligations of economic operators de -installing or dealing with used products for re -use or 
remanufacturing  
1. An economic operator de -installing used products for re -use or re -manufacturing 
shall establish protocols on the place, conditions and presumed length of use of  the 
de-installed product and make them available together with the products, regardless 
whether it exert its activity on its own behalf or for somebody else. The economic 
operator shall also make the protocols available on request to authorities, to later  
users of these products and to owners of the construction works in which they were 
re-installed.  
2. Where an economic operator brokers, sells or otherwise makes available de -installed 
used products on its own behalf or for somebody else, it shall also ful fil the 
obligations of importers or distributors with regard to used products.  
Article 30  
Obligations of suppliers and service providers involved in the manufacturing of products  
1. A supplier or service provider involved in the manufacturing of products s hall: 
(a) provide to manufacturers, notified bodies and authorities all available 
information on the environmental sustainability of their supplied component or 
service;  
(b) ensure the correctness of such information namely by respecting this 
Regulation an d correct any errors made by communication to all their clients 
and, if potentially useful, to notified bodies and authorities;  
(c) permit, in absence of such information, their customers to assess that 
environmental sustainability on their own expense and  support that assessment, 
namely by giving access to all documents, including those of commercial 
character, relevant for that assessment;  
(d) permit notified bodies to verify the correctness of any calculation of the 
environmental sustainability and support that verification;  
(e) permit notified bodies to verify the performance and compliance of the 
supplied component or service and support that verification.  
2. Where a supplier or service provider has been informed in accordance with the last 
sentenc e of Article 21(8), it shall forward that information to his other clients who 
have, in the last 5 years, received components or services which are identical with 
regard to the issue in question. In case of a serious risk as defined in Article 3 , point 
(71) or a risk falling under the last sentence of Article 21( 9), the supplier or service 
provider shall also inform the national competent authorities of the Member States 
where products with that component or manufacturing service have been made 
available on  the market or directly installed; where it cannot identify these Member 
States, it shall inform all national competent authorities.  EN 68  EN Article 31  
Double use and pseudo products  
1. A manufacturer of double use products shall satisfy the obligations of this Re gulation 
for all the items of the respective type, unless they are specifically marked as “not for 
construction”.  
2. Other economic operators dealing with double use products shall fulfil the 
obligations incumbent on them in accordance with this Regulation . In their 
commercial contracts, they shall establish an obligation of their clients to do the 
same and not to sell or to use items for construction which are marked as “not for 
construction”.  
3. For items suitable for construction for which the manufactur er has never intended 
such use and which, therefore, have not been CE-marked (“pseudo products”), other 
economic operators shall:  
(a) not acquire or sell them as items being intended for construction without 
undergoing the procedures set out in this Regula tion to be undergone by 
manufacturers;  
(b) ensure by presentation that they cannot be understood as being intended for 
construction; and  
(c) establish a contractual obligation of their clients to do the same and not to use 
these items for construction.  
Article 3 2 
Online and other distance sales  
1. Products offered for sale online or through other means of distance sales shall be 
deemed to be made available on the market if the offer is targeted at clients in the 
Union. An offer for sale shall be consider ed to be targeted at clients in the Union if 
the relevant economic operator directs, by any means, its activities to a Member 
State. Inter alia, an offer shall be considered to be targeted at clients in the Union 
where:  
(a) the economic operator uses an of ficial language of a Member State, unless 
selling to the Union is explicitly excluded by effective means ; 
(b) the economic operator uses the currency of the Member States or a crypto -
currency covered by Regulation (EU) […]47 unless, in the latter case, sell ing to 
the Union is explicitly excluded by effective means ;  
(c) the economic operator has the used internet domain name registered in one of 
the Member States or uses an internet domain that refers to the Union or one of 
the Member States ; or  
(d) the geo graphical areas to which dispatch is available includes a Member State.  
                                                 
47 Future Regulation of the European Parliament and of the Council on Markets in  Crypto -assets, and 
amending Directive (EU) 2019/1937, see COM/2020/593 final.  
 EN 69  EN 2. Member States shall designate a single centralised market surveillance authority 
responsible for detecting products offered from economic operators outside the 
Union to clients on their territory online and via other distance sales methods.  
Article 33 
Implementing acts on economic operators’ obligations and rights  
Where this is necessary to ensure a harmonised application of this Regulation and only to the 
extent necessary to preven t diverging practices creating an uneven playing field for economic 
operators, the Commission may adopt implementing acts providing details on how to execute 
the obligations and rights of economic operators contained in this Chapter.  
Those implementing act s shall be adopted in accordance with the examination procedure 
referred to in Article 88(2). 
CHAPTER IV  
CONSTRUCTION PRODUCTS  STANDARDS AND EUROPEAN ASSESSMENT 
DOCUMENT S  
Article 34  
Construction products standards  
1. Construction products standards shall be established by the European standardisation 
organisations on the basis of a standardisation request issued by the Commission.  
2. Construction products standards developed pursuant to Article 4(2) shall be of 
mandat ory application for purposes of this Regulation as of six months after the 
publication of their reference in the Official Journal in accordance with paragraph 4, 
but may be voluntarily applied on request of the manufacturer as from the date of 
that publica tion. They shall provide the methods and the criteria for assessing the 
performance of the products in relation to their essential characteristics. These 
standards shall, where appropriate and without endangering the accuracy, reliability 
or stability of t he results, provide methods less onerous than testing for assessing the 
performance of the products in relation to their essential characteristics, classes, 
threshold levels or product requirements.  
3. Construction products standards developed pursuant to the second sentence of 
Article 5( 2) or the third sentence of Article 22(4) shall be voluntary. Products which 
are in conformity with voluntary standards adopted in accordance with Article 5( 2), 
or parts thereof, the references of which have been published in the Official Journal 
of the European Union shall be presumed to be in conformity with the requirements 
laid down in Annex I Part B and C, as specified for the respective product family or 
category by harmonised technical specifications adopted in accord ance with the 
second sentence of Article 5 (2), to the extent that those requirements are covered by 
such voluntary standards and that this coverage has been precisely stated in the 
respective harmonised standard. Manufacturers who comply with voluntary 
standards adopted in accordance with Article 22(2), or parts thereof, the references of 
which have been published in the Official Journal of the European Union shall be 
presumed to be in conformity with the obligations set out in Article 22(2), to the EN 70  EN extent that those obligations are covered by such standards and that this coverage has 
been precisely stated in the respective standard.  
4. The Commission shall assess the conformity of construction products standards 
established by the European standardisatio n organisations with the relevant 
standardisation requests, with this Regulation and with other Union law. The 
Commission shall publish or publish with restrictions in the Official Journal of the 
European Union the list of references of accepted conforming  construction products 
standards that have been made available at an affordable price. Where a reference to 
a standard cannot be published otherwise in the Official Journal, the Commission is 
empowered to supplement this Regulation by delegated acts adopte d in accordance 
with Article 86 to  modify the respective standards for purposes of legal effects under 
this Regulation.  
Article 35  
European assessment document  
1. Article 4(1) and (4), Article 6, Article 9  and Articles 11 to 17 shall apply to European 
assessment documents. Where the CE marking is issued on the basis of a European 
assessment document and European technical assessment, the European assessment 
document shall be referred to in the declaration of performance  and the declaration of 
conformity . 
2. Following a request for a European technical assessment by a manufacturer or a 
group of manufacturers or on initiative of the Commission, a European assessment 
document may be drawn up and adopted by the organisation of technical assessment 
bodies (‘TABs’ ) in agreement with the Commission for any product not covered by:  
(a) a harmonised technical specification;  
(b) a harmonised technical specification intended to be adopted in the next 2 years 
as from the date of verification with the Commission;  
(c) anoth er European assessment document already cited in the Official Journal or 
submitted to the Commission for citation therein.  
The product shall not be considered as covered by the harmonised technical 
specification where:  
(i) the intended use of the product i s different than the intended use supposed in 
the document,  
(ii) the materials used are not identical to the materials intended to be used under 
the document, or  
(iii) the assessment method of the document is not appropriate for that product.  
3. The organi sation of TABs and the Commission may bundle or reject requests for the 
development of a European assessment document. The procedure for adopting the 
European assessment document shall respect Article 36 and shall comply with 
Article 37 and Annex III.  
4. The Commission is empowered to amend Annex III by delegated act adopted in 
accordance with Article 87 to establish supplementary procedural rules for the 
development and adoption of a European assessment document, where this is EN 71  EN necessary to ensure the good functioning of the European assessment documents 
system.  
Article 36  
Principles for the development and adoption of European assessment documents  
1. The procedure for developing and adopting European assessment documents shall 
respect the following principles:  
(a) be transparent to Member States, the manufacturer concerned and to other 
manufacturers or stakeholders that request to be informed;  
(b) disclose as little as possible information protected by intellectual property 
rights, and protect commer cial secrecy and confidentiality;  
(c) specify appropriate mandatory time limits in order to avoid unjustified delay;  
(d) allow at any stage for adequate participation by the Member States and the 
Commission;  
(e) be cost -effective for the manufacturer; and  
(f) ensure sufficient collegiality and coordination amongst TABs designated for 
the product in question.  
The balancing of principles laid down in points (a) and (b) shall at least allow for the 
disclosure of the name of the product at the stage of the appr oval and the 
communication of the work programme, as set out in Annex III, point 3., and the 
detailed contents of the draft European assessment document set out in Annex III, 
point 7.  
2. The TABs shall, together with the organisation of TABs, bear the full  costs of the 
development and adoption of European assessment documents, unless it is started on 
initiative of the Commission.  
3. TABs and the organisation of TABs shall avoid any proliferation of European 
assessment documents where there is no technical j ustification for differentiating 
between products and therefore in particular give preference to the extension of a 
scope of an existing European assessment document.  
4. TABs and the organisation of TABs shall refrain from developing European 
assessment do cuments where there is a high likelihood of duplication with 
harmonised technical specifications or pre -existing European assessment documents 
and shall withdraw duplicating European assessment documents.  
Article 37  
Obligations of the TAB receiving a reque st for a European technical assessment  
1. The TAB receiving a request for a European technical assessment from  a 
manufacturer, a group of manufacturers or the manufacturers’ association shall 
inform the  applicant  if the product is covered, fully or partially, by a harmonised 
technical specification or European assessment document as follows:  
(a) where the product is fully covered by a harmonised technical specification, the 
TAB shall inform the manufacturer, the g roup of manufacturers or the EN 72  EN manufacturers’ association that, in accordance with Article 35(2), a European 
technical assessment cannot be issued;  
(b) where the product is fully covered by a European assessment document the 
reference of which has been cited  in the Official Journal, the TAB shall inform 
the manufacturer, the group of manufacturers or the manufacturers’ association 
that such a document will be used as the basis for the European technical 
assessment to be issued;  
(c) where the product is not co vered by any harmonised technical specification or 
European assessment document and where no such harmonised technical 
specification is intended to be adopted in the next two years, or no such or 
European assessment document is already in the procedure of developing 
pursuant to Annex III, the TAB shall apply the procedures set out in Annex III 
or those established in accordance with Article 35(4).  
2. In the cases referred to in paragraph 1, points  (b) and (c), the TAB shall inform the 
organisation of TABs a nd the Commission of the content of the request and of the 
reference to a relevant Commission act determining the assessment and verification 
system, which the TAB intends to apply for that product, or of the lack of such a 
Commission decision.  
3. If the C ommission considers that an appropriate Commission act determining the 
assessment and verification system does not exist for the product, it may adopt such 
act in accordance with Article 6(1).  
Article 38  
Publication  of references  
1. The Commission shall assess the conformity of European assessment documents 
with harmonised technical specifications, with this Regulation and with other Union 
law. The Commission shall publish or publish with restriction in the Official Journal 
of the European Union the list of references of accepted conforming European 
assessment documents. The Commission shall publish any updates to that list.  
2. Only European assessment documents referred to in that list and published in at least 
one language of the Union by either the Comm ission or by the organisation of TABs 
shall authorise the issuing of European technical assessments in accordance with 
Article 42 and trigger legal effects in accordance with Article 42(5), including with 
regard to the manufacturer who requested the develo pment of the European 
assessment document. This legal effect of European assessment documents shall 
expire ten years after their first citation in the Official Journal of the European Union 
unless they have been renewed in the last year prior to expiry and  the Commission 
decides to maintain the listing.  
Article 39  
Dispute resolution in cases of disagreement between TABs  
If the TABs do not agree upon the European assessment document within the time limits 
provided for, the organisation of TABs shall submit this matter to the Commission for 
appropriate resolution, including instructions to this organisation how to complete its work.  EN 73  EN Article 40  
Content of the European assessment document  
1. A European assessment document shall contain the following elements:  
(a) a description of the product covered ; and  
(b) the list of essential characteristics, relevant for the intended use of the product 
as set out by the manufacturer and agreed between the manufacturer and the 
organisation of TABs, and the methods and criteria for assessing the 
performance of the product in relation to those essential characteristics.  
2. Principles for the applicable factory production control to be applied shall be set out 
in the European assessment document, taking into account the conditions of the 
manufacturing process of the product concerned.  
3. Where the performance of some of certain essential ch aracteristics of the product can 
appropriately be assessed with methods and criteria established in harmonised 
technical specifications or European assessment documents , those existing methods 
and criteria shall be incorporated as parts of the European ass essment document, 
unless there are good reasons to deviate from this rule.  
Article 41  
Formal objections against European assessment document s 
1. A Member State shall inform the Commission of all of the following : 
(a) where it considers that a European asse ssment document does not entirely 
satisfy applicable legal requirements or the demands to be met in relation to the 
basic requirements for construction works or product requirements set out in 
Annex I ;  
(b) where it considers that a European assessment document raises a major 
concern for human health and safety, the protection of the environment or 
consumer protection ;  
(c) where it considers that a European assessment document does not fulfil the 
requirement s set out in Article 35(2),  
The Member State concerned shall substantiate its viewpoints . The Commission shall 
consult the other Member States  on the issues raised by the Member State concerned . 
2. In the light of the views of all the Member States, the Co mmission shall decide to 
publish, not to publish, to publish with restriction, to maintain, to maintain with 
restriction or to withdraw the references to the European assessment documents 
concerned in the Official Journal of the European Union.  
3. The Com mission shall inform the organisation of TABs of its decision referred to in 
paragraph 2 and, where necessary, request the revision of the European assessment 
document concerned.  EN 74  EN Article 42  
European technical assessment  
1. The European technical assessment  shall be issued by a TAB, at the request of a 
manufacturer on the basis of a European assessment document established in 
accordance with the procedures set out in Article 37 and Annex III the reference of 
which has been cited in the Official Journal of th e European Union in accordance 
with Article 38.  
Provided that there is a European assessment document, a European technical 
assessment may be issued even in the case where a standardisation request has been 
issued. Such issuing shall be possible until the citation of the construction products 
standard in the Official Journal of the Union.  
2. The European technical assessment shall include the performance to be declared, by 
levels or classes, or in a description, of those essential characteristics agreed by the 
manufacturer and the TAB receiving the request for the European technical 
assessment for the declared intended use, and technical details necessary for the 
implementation of the assessment and verification system.  
3. The Commission may adopt implementing acts to establish the format of the 
European technical assessment.  
Those  implementing acts shall be adopted in accordance with the examination 
procedure referred to in Article 8 8(2). 
4. European technical assessments issued on the basis of a European assessment 
document remain valid for five years after the expiry  date of the European 
assessment document  in accordance with Article 38( 2). 
5. Products covered by a European assessment docume nt for which a European 
technical assessment has been issued may be CE marked and thereby obtain the same 
status as products CE marked on the basis of harmonised technical specifications, 
where the manufacturer satisfies  the obligations set out in this Reg ulation. Where 
these obligations refer to harmonised technical specifications, the manufacturer shall 
refer to the European assessment document instead or, where the harmonised 
technical specifications are also relevant, in addition.  
 
CHAPTER V  
TECHNICAL ASSESSMENT BODIES  
Article 43  
Designating authorities  
1. Member States wishing to designate technical assessment bodies shall designate a 
single authority in charge of technical assessment bodies (hereafter: the “designating 
authority”). Designat ing authorities shall satisfy the requirements for notifying 
authorities set out in Articles 48(1) and Article 49. The designating authority shall 
not be eligible for designation in accordance with Article 44(1).  EN 75  EN 2. Unless otherwise specified in this Chapt er, the provisions applicable to notifying 
authorities and to notification procedures apply also to designating authorities and to 
the designation procedures. However, Member States may not use accreditation.  
Article 44  
Designation, monitoring and evaluati on of TABs  
1. Member States may designate Technical Assessment Bodies (TABs) within their 
territories for one or several product areas listed in of Annex IV , Table 1 . The 
Commission is empowered to amend this table by delegated acts adopted in 
accordance with Article 87 to adapt it to technical progress.  
Member States shall communicate the name of the technical assessment body, its 
address and the product areas refer red to in the first sentence to the Commission.  
2. The Commission shall publish the list of those TABs that satisfy applicable legal 
requirements referred to Article 45 (1) and (2)  by electronic means  and indicate the 
product areas for which they are design ated and any limitations in the most precise 
possible way.  
The Commission shall publish any updates to that list.  
3. The designating authority designated in accordance with Article 43 shall monitor the 
activities and competence of the TABs designated in th eir respective Member State, 
and where necessary their subsidiaries and subcontractors, and evaluate them in 
relation to the respective requirements set out in this Chapter. The designating 
authority shall instruct the TABs wherever there is an infringemen t of law or 
common practice agreed between the Member States and the Commission. In case of 
repeated infringement of the law, it may revoke the designation of the TAB.  
Member States shall inform the Commission of their national procedures for the 
designati on of TABs, of the monitoring of their activity and competence, and of any 
changes to that information.  
4. TABs shall, without delay, and at the latest within 15 days, inform the relevant 
Member State and notified authority of any changes which may affect their 
compliance with the requirements set out in this chapter or their ability to satisfy 
their obligations under this Regulation.  
5. The Commission may investigate the compliance of TABs with the requirements set 
out in this chapter, as well as the fulfi lment by the responsible designating authorities 
of their monitoring obligations.  
6. TABs shall, upon request by the relevant designating authority, supply all relevant 
information and documents, required to enable the authority, the Commission and the 
Member States to verify compliance.  
7. Where a TAB no longer complies with the requirements of this Regulation, the 
Member State shall withdraw the designation of that TAB for the relevant product 
area and inform the Commission and the other Member States th ereof. Articles 58 
and 59 apply.  EN 76  EN Article 45  
Requirements for TABs  
1. A TAB shall be competent and equipped to carry out the assessment in the product 
area for which it has been designated. The decision making staff and at least half of 
the technical competent staff of the TAB shall be located in the designating Member 
State.  
2. The TAB shall satisfy the requirements set out in Annex IV , Table 2 within the scope 
of its designation. Article 50 (1) to (5), Article 50( 6) points (a) and (b), Article 50(7), 
(8) and  (10) and Article 51 shall apply.  
3. A TAB shall have made publicly available its organigram and the names of the 
members of its internal decision -making bodies.  
Where a TAB no longer complies with the requirements referred to in paragraphs 1 
and 2,  the Member State shall withdraw the designation of that TAB for the relevant 
product area and inform the Commission and the other Member States thereof.  
Article 46  
Coordination of TABs  
1. The TABs shall establish an organisation for technical assessment ( “organisation of 
TABs”)  under this Regulation.  
2. The organisation of TABs shall at least carry out the following tasks:  
(a) investigate the potential for new harmonised technical specifications and 
inform the Commission of such potential;  
(b) organise the  coordination of the TABs and, if necessary, ensure cooperation 
and consultation with other stakeholders;  
(c) ensure that examples of best practice are shared between TABs to promote 
greater efficiency and provide a better service to industry;  
(d) develop and adopt European assessment documents;  
(e) coordinate the application of the procedures set out in Article 65(2)  and in 
Article 66(1), as well as provide the support needed to that end;  
(f) inform the Commission of any question related to the preparation  of European 
assessment documents and of any aspects related to the interpretation of the 
procedures set out in Article 65(2)  and in A rticle 66(1) and suggest 
improvements to the Commission based on experience gained;  
(g) communicate any observations conce rning a TAB not satisfying its tasks in 
accordance with the procedures set out in Article 65(2)  and in A rticle 66(1) to 
the Commission and the Member State which designated the TAB;  
(h) report annually to the Commission on the fulfilment of the tasks refer red to 
above, and in particular on the geographical distribution of the TABs, the 
allocation of European assessment document development tasks to the TABs 
and the performance and the independence of TABs; and  EN 77  EN (i) ensure that adopted European assessment doc uments and references to 
European technical assessments are kept publicly available in all EU 
languages.  
The organisation of TABs shall asset up a secretariat in order to carry out these tasks.  
3. Member States shall ensure that the TABs contribute with fi nancial and human 
resources to the organisation of TABs. The value of the contribution of each TAB 
shall not be less than 2% of its annual budget or turn -over.  
4. The weight in the decision making process of the organisation of TABs shall not 
depend on the  TABs’ financial contribution, the number of European assessment 
documents developed or the number of European technical assessments issued by 
them.  
5. The Commission shall be invited to participate in all meetings of the organisation of 
TABs.  
6. The Commi ssion may make the financing of the organisation of TABs, regardless of 
via grants or public tenders, subject to the fulfilment of certain organisational and 
performance requirements, including with regard to a fair geographic distribution of 
TABs.  
CHAPTER  VI 
NOTIFYING AUTHORITIES AND NOTIFIED BODIES  
Article 47  
Notification  
Member States shall notify the Commission and the other Member States of bodies authorised 
to carry out third -party tasks in the assessment and verification of performance, assessment of  
conformity and of the verification of environmental sustainability calculations for the 
purposes of this Regulation (hereinafter referred to as ‘notified bodies’).  
Member States shall inform the Commission of their national procedures for the assessment 
and notification of bodies to be authorised to carry out these tasks. The Commission shall 
make that information publicly available.  
Article 48  
Notifying authorities  
1. Member States shall designate a notifying authority responsible for setting up and 
carrying out the necessary procedures for the assessment and notification of the 
bodies to be authorised to carry out third -party tasks in the assessment and 
verification process for the purposes of this Regulation, and for the monitoring of 
notified bodie s, including their compliance with requirements laid out in Article 50.  
2. Member States may decide that the assessment and monitoring referred to in 
paragraph 1 shall be carried out by their national accreditation bodies in accordance 
with Chapter II of R egulation (EC) No 765/2008. Member States shall instruct their 
national accreditation body to take as a basis for accreditation only the precise legal EN 78  EN body applying for accreditation and to assess that body against the relevant 
requirements and tasks laid down in this Regulation.  
3. Where the notifying authority delegates the assessment, notification or monitoring 
referred to in paragraph 1 to a body which is not a governmental entity that body 
shall be a legal person and shall comply with the requirements laid down in Article 
49. In addition, it shall have arrangements to cover liabilities arising from its 
activities.  
4. The notifying authority shall take full responsibility for the tasks performed by the 
body referred to in paragraphs 2 and 3.  
5. The Commi ssion shall provide for the organisation of exchange of experience 
between the Member States’ national authorities responsible for policy on 
notification and notifying authorities.  
Article 49  
Requirements relating to notifying authorities  
1. The notifying authority shall be established in such a way that no conflicts of interest 
with notified bodies occur.  
2. The notifying authority shall be organised and operated so as to safeguard the 
objectivity and impartiality of its activities.  
3. The notifying author ity shall be organised in such a way that each decision relating 
to notification of a body to be authorised to carry out third party tasks in the 
assessment and verification process is taken by competent persons different from 
those who carried out the ass essment.  
4. The notifying authority shall not offer or provide activities performed by notified 
bodies, or consultancy services on a commercial or competitive basis.  
5. The notifying authority shall safeguard the confidentiality of the information 
obtained . However, it shall, upon request, exchange information on notified bodies 
with the Commission, with notifying authorities of other Member States and with 
other relevant national authorities.  
6. The notifying authority shall have a sufficient number of com petent personnel and 
sufficient funding at its disposal for the proper performance of its tasks. The 
Commission may adopt implementing acts laying down a minimum number of full -
time equivalences considered sufficient for the proper monitoring of notified b odies, 
where appropriate in relation to specific conformity assessment tasks. Where 
monitoring is carried out by a national accreditation body or a body referred to in 
Article 48(3), this minimum number shall apply to that body.  
Those implementing acts sha ll be adopted in accordance with the examination 
procedure referred to in Article 8 8(2). 
Article 50  
Requirements for notified bodies  
1. For the purposes of notification, a conformity assessment body shall meet the 
requirements laid down in paragraphs 2 to 11. EN 79  EN 2. A conformity assessment body shall be established under national law and have legal 
personality.  
3. A conformity assessment body shall be independent of the organisation or the 
product it assesses.  
It shall be independent of any and all business tie s with organisations having an 
interest in the products it assesses, manufacturers, their trade partners or their 
shareholding investors, as well as with other notified bodies and their business 
associations, parent companies or subsidiaries. This does not  preclude the notified 
body from carrying out assessment and verification activities for competing 
manufacturers.  
A body belonging to a business association or professional federation representing 
undertakings involved in the design, manufacturing, provisi on, assembly, use or 
maintenance of products which it assesses, may, on condition that its independence 
and the absence of any conflict of interest are demonstrated, be considered such an 
independent body.  
4. A notified body, its top -level management and t he personnel responsible for carrying 
out the third party tasks in the assessment and verification process shall not be the 
designer, manufacturer, supplier, importer, distributor, installer, purchaser, owner, 
user or maintainer of the products which it as sesses, nor the representative of any of 
those parties. This shall not preclude the use of assessed products that are necessary 
for the operations of the notified body or the use of products for personal purposes.  
A notified body, its top -level management and the personnel responsible for carrying 
out the third party tasks in the assessment and verification process shall not become 
directly involved in the design, manufacture or construction, marketing, installation, 
use or maintenance of those products, no r represent the parties engaged in those 
activities. They shall not engage in any activity that may conflict with their 
independence of judgement and integrity related to the activities for which they have 
been notified nor provide  consultancy services.  
A notified body shall ensure that activities of its parent or sister companies, its 
subsidiaries or subcontractors do not affect the confidentiality, objectivity and 
impartiality of its assessment and/or verification activities.  
The establishment and the supervision of internal procedures, general policies, codes 
of conduct or other internal rules, the assignment of personnel to specific tasks and 
the conformity assessment decisions may not be delegated to a subcontractor or a 
subsidiary.  
5. A notified bod y and its personnel shall carry out the third party tasks in the 
assessment and verification process with the highest degree of professional integrity 
and requisite technical competence in the specific field and shall  be free from all 
pressures and inducements, particularly financial, which might influence their 
judgement or the results of their assessment and/or verification activities, especially 
from persons or groups of persons with an interest in the results of th ose activities.  
6. A notified body shall be capable of carrying out all the third party tasks in the 
assessment and verification process assigned to it in accordance with Annex V in 
relation to which it has been notified, whether those tasks are carried ou t by the 
notified body itself or on its behalf and under its responsibility.  EN 80  EN At all times and for each assessment and verification system and for each kind or 
category of products, essential characteristics and tasks in relation to which it has 
been notifi ed, the notified body shall have the following at its disposal:  
(a) the necessary personnel with technical knowledge and sufficient and 
appropriate experience to perform the third party tasks in the assessment and 
verification process. Personnel responsibl e for taking assessment decisions 
shall be employed by the notified body under the national law of the notifying 
Member State, shall not have any other potentially conflicting loyalty 
obligation or potential conflict of interest, shall be competent to veri fy the 
assessments made by other staff, external experts or subcontractors. Its number 
shall be sufficient to ensure business continuity and a consistent approach to 
conformity assessments ; 
(b) the necessary description of procedures according to which the  assessment 
process is carried out, ensuring the transparency and the ability of reproduction 
of these procedures. This shall include a qualification matrix matching relevant 
personnel, their respective status and tasks within the conformity assessment 
body with the conformity assessment tasks in relation to which the body 
intends to be notified;  
(c) appropriate policies and procedures in place that distinguish between the tasks 
it carries out as a notified body and other activities;  
(d) the necessary proce dures to perform its activities which take due account of the 
size of an undertaking, the sector in which it operates, its structure, the degree 
of complexity of the product technology in question and the mass or serial 
nature of the production process.  
A notified body shall have the means necessary to perform the technical and 
administrative tasks connected with the activities for which it intends to be notified 
in an appropriate manner and shall have access to all necessary equipment or 
facilities.  
7. The personnel responsible for carrying out the activities in relation to which the body 
intends to be notified, shall have the following:  
(a) sound technical and vocational training covering all the third party tasks in the 
assessment and verification process  within the relevant scope for which the 
body has been notified;  
(b) satisfactory knowledge of the requirements of the assessments and verifications 
it carries out and adequate authority to carry out such operations;  
(c) appropriate knowledge and understan ding of the applicable harmonised 
technical specifications and of the relevant provisions of the Regulation;  
(d) the ability required to draw up the certificates, records and reports to 
demonstrate that the assessments and the verifications have been carri ed out.  
8. The impartiality of the body, its top -level management and assessment personnel 
shall be guaranteed.  
The remuneration of the body’s top -level management and assessment personnel 
shall not depend on the number of assessments carried out or on the  results of such 
assessments.  EN 81  EN 9. A notified body shall take out liability insurance unless liability is assumed by the 
Member State in accordance with national law, or the Member State itself is directly 
responsible for the assessment and/or the verificati on performed.  
10. The personnel of the notified body shall be bound to observe professional secrecy 
with regard to all information gained in carrying out its tasks under Annex V, except 
in relation to the competent administrative authorities of the Member State in which 
its activities are carried out. Proprietary rights shall be protected.  
11. A notified body shall ensure that its assessment personnel is informed of the relevant 
standardisation activities and shall participate in, and ensure that its assess ment 
personnel is informed of, activities of the notified body coordination group 
established under this Regulation and shall apply as general guidance the 
administrative decisions and documents produced as a work result of that group.  
Article 51  
Presumption of conformity  
A conformity assessment body to be authorised to carry out third party tasks in the assessment 
and verification process which demonstrates its conformity with the criteria laid down in the 
relevant harmonised standards or parts th ereof, the references of which have been published 
in the Official Journal of the European Union , shall be presumed to comply with the 
requirements set out in Article 50 in so far as the applicable harmonised standards cover those 
requirements.  
Article 52  
Formal objection  
Where a Member State or the Commission has a formal objection to the harmonised standards 
referred to in Article 51, the provisions of Article 11 of Regulation (EU) 1025/2012 shall 
apply.  
Article 53  
Subsidiaries and subcontractors of notified bodies  
1. Where a notified body subcontracts specific tasks connected with the third party 
tasks in the assessment and verification process or has recourse to a subsidiary, it 
shall ensure that the subcontractor or the subsidiary meets the require ments set out in 
Article 50, and shall inform the notifying authority accordingly.  
2. The notified body shall take full responsibility for the tasks performed by 
subcontractors or subsidiaries wherever these are established. The relevant notified 
bodies sh all establish procedures for the on -going monitoring of the competence, 
activities and performance of its subcontractors or subsidiaries, taking into account 
the qualification matrix referred to in  Article 50(6) point (b). 
3. Activities may be subcontracted or carried out by a subsidiary only with the 
agreement of the client.  EN 82  EN 4. The notified body shall keep at the disposal of the notifying authority the relevant 
documents concerning the assessment and monitoring of the qualifications of any 
subcontractor or the subsidiary and the tasks carried out by such parties under Annex 
V. 
Article 54  
Use of facilities outside the testing laboratory of the notified body  
1. On request of the manufacturer and where justified by technical, economic or logistic 
reasons, notified bodies may decide to carry out the tests referred to in Annex V, for 
the assessment and verification systems 1+, 1 and 3 or have such tests carried out 
under their supervision, either in the manufacturing plants using the test equipment 
of the internal laboratory of the manufacturer or, with the prior consent of the 
manufacturer, in an external laboratory, using the test equipment of that laboratory.  
Notified bodies carrying out such tests shall be specifically designated as competent 
to wo rk away from their own test facilities and shall in that regard comply with the 
requirements laid down in Article 50.  
2. Before carrying out the tests  referred to in paragraph 1 , notified bodies shall verify 
whether the requirements of the test method are  satisfied and shall evaluate whether:  
(a) test equipment has an appropriate calibration system and the traceability of the 
measurements is guaranteed; and  
(b) the quality of the test results is ensured.  
Notified bodies shall assume  full responsibility for  the tests in their entirety, 
including the accuracy and traceability of calibration and measurements, and for the 
reliability of the test results  
Article 55  
Application for notification  
1. A body to be authorised to carry out third party tasks in the asse ssment and 
verification process shall submit an application for notification to the notifying 
authority of the Member State in which it is established.  
2. The application shall be accompanied by a description of the activities to be 
performed, the assessme nt and/or verification processes for which the body claims to 
be competent, the qualification matrix referred to in Article 50 (6), point (b), an 
accreditation certificate, where one exists, issued by the national accreditation body 
within the meaning of Regulation (EC) No 765/2008, attesting that the body meets 
the requirements laid down in Article 50. The accreditation certificate shall relate 
only to the specific conformity assessment body applying for notification and not 
take account of the capacities  or personnel of parent or sister companies. It shall be 
based, in addition to relevant harmonised standards, on the specific requirements and 
assessment tasks.  
3. Where the body concerned cannot provide an accreditation certificate, it shall 
provide the n otifying authority with all documentary evidence necessary for the EN 83  EN verification, recognition and regular monitoring of its compliance with the 
requirements laid down in Article 50.  
Article 56  
Notification procedure  
1. Notifying authorities may notify only bodies which have satisfied the requirements 
laid down in Article 50.  
2. They shall notify the Commission and the other Member States, notably using the 
electronic notification tool developed and managed by the Commission.  
Exceptionally, for cases set out in Annex VI, for which the appropriate electronic 
tool is not available, a hard copy of the notification shall be accepted.  
3. The notification shall include full details of the functions to be performed, reference 
to the relevant harmonised technical spec ification and, for the purposes of the system 
set out in Annex V, the essential characteristics for which the body is competent.  
However, reference to the relevant harmonised technical specification is not required 
in the cases set out in Annex VI.  
4. Where a notification is not based on an accreditation certificate as referred to in 
Article 55(2), the notifying authority shall provide the Commission and the other 
Member States with all documentary evidence which attests to the body’s 
competence and the  arrangements in place to ensure that that body will be monitored 
regularly and will continue to satisfy the requirements laid down in Article 50.  
5. A notification may become valid only where no objections are raised by the 
Commission or the other Member States within 2 weeks of notification, where an 
accreditation certificate is used, or within 2 months of notification, where an 
accreditation certificate is not used.  
The notification shall become valid the day after the body is included in the list of 
notified bodies referred to in Article 57(2) by the Commission. The Commission 
shall not list a body if it is aware or becomes aware that the relevant body does not 
meet the requirements laid down in Article 50.  
6. The body concerned may perform the activitie s of a notified body only after the 
notification has become valid. Only such a body shall be considered as a notified 
body for the purpose of this Regulation.  
7. The Commission and the other Member States shall be notified of any subsequent 
relevant changes to the notification.  
Article 57  
Identification numbers and lists of notified bodies  
1. The Commission shall assign an identification number to each notified body.  
It shall assign a single such number even where the body is notified under several 
Union acts.  
2. The Commission shall make publicly available the list of bodies notified under this 
Regulation, including the identification numbers that have been allocated to them EN 84  EN and the activities for which they have been notified, notably using the elect ronic 
notification tool developed and managed by the Commission.  
The Commission shall ensure that this list is kept up -to-date.  
Article 58  
Changes to the notification  
1. Where a notifying authority has ascertained or has been informed that a notified body 
no longer meets the requirements laid down in Article 50, or that it is failing to fulfil 
its obligations, the notifying authority shall restrict, suspend or withdraw the 
notification as appropriate, depending on the seriousness of the failure to meet thos e 
requirements or to fulfil those obligations.  
2. In the event of withdrawal, restriction or suspension of notification or where the 
notified body has ceased its activity, the notifying Member State concerned shall take 
the appropriate steps to ensure that  the files of that body are either processed by 
another notified body or kept available for the responsible notifying and market 
surveillance authorities at their request.  
Article 59  
Challenge of the competence of notified bodies  
1. The Commission shall in vestigate all cases where it doubts, or doubt is brought to its 
attention regarding, the competence of a notified body or the continued fulfilment by 
a notified body of the requirements and responsibilities to which it is subject.  
2. The notifying Member S tate shall provide the Commission, on request, with all 
information related to the basis for notification or the maintenance of the competence 
of the body concerned.  
3. The Commission shall ensure that all sensitive information obtained in the course of 
its investigations is treated confidentially.  
Article 60  
Operational obligations for notified bodies  
1. Notified bodies shall, in accordance with Annex V:  
(a) assess the performance and the conformity of products;  
(b) verify the conformity of products and of  the manufacturer;  
(c) verify the constancy of performance of products;  
(d) verify the calculation of environmental sustainability calculations undertaken 
by the manufacturer.  
These tasks are hereafter referred to as “assessments and verifications”.  
2. Assessments and verifications shall be carried out with transparency as regards the 
manufacturer, and in a proportionate manner, avoiding an unnecessary burden for 
economic operators. The notified bodies shall perform their activities taking due EN 85  EN account of  the size of the undertaking, the sector in which the undertaking operates, 
its structure, the degree of complexity of the product technology in question and the 
mass or serial nature of the production process.  
In so doing, the notified bodies shall nevert heless respect the degree of rigour 
required for the product by this Regulation and the part played by the product for the 
fulfilment of all basic requirements for construction works.  
3. Where, in the course of the initial inspection of the manufacturing p lant and of 
factory production control, a notified body finds that the manufacturer has not 
ensured the constancy of performance and conformity of the manufactured product, 
it shall require the manufacturer to take appropriate corrective measures and shall  not 
issue a certificate.  
4. Where, in the course of the monitoring activity aiming at the verification of 
conformity and of the constancy of performance of the manufactured product, a 
notified body finds that a product no longer has the same performance t o that of the 
product -type, it shall require the manufacturer to take appropriate corrective 
measures and shall suspend or withdraw its certificate if necessary.  
5. Where corrective measures are not taken or do not have the required effect, the 
notified bo dy shall restrict, suspend or withdraw any certificates, as appropriate.  
6. When taking assessment decisions, including when deciding on the need to suspend 
or withdraw a certificate or approval decisions in light of possible non -compliances, 
notified bodi es shall apply clear and pre -determined criteria.  
7. Notified bodies shall ensure rotation between the personnel carrying out different 
assessment tasks.  
Article 61  
Information obligations for notified bodies  
1. Notified bodies shall inform the notifying authority of the following:  
(a) any refusal, restriction, suspension or withdrawal of certificates;  
(b) any circumstances affecting the scope of, and conditions for, notification;  
(c) any request for information on assessment or verification activities car ried out 
which they have received from market surveillance authorities; and  
(d) on request, third party tasks in accordance with the systems of assessment and 
verification carried out within the scope of their notification and any other 
activity performed,  including cross -border activities and subcontracting.  
2. Notified bodies shall provide the other bodies notified under this Regulation carrying 
out similar third party tasks in accordance with the assessment and verification 
systems and for products cover ed by the same harmonised technical specification 
with relevant information on issues relating to negative and, on request, positive 
results from these assessments verifications, and therein in particular any refusal, 
restriction, suspension, or withdrawal  of certificates or test reports. On request from 
other notified bodies or an authority, a notified body shall confirm the status of 
certificates or test reports issued by it.  EN 86  EN 3. Where the Commission or the market surveillance authority of a Member State 
submits a request to a notified body established on the territory of another Member 
State relating to an assessment carried out by that notified body, it shall send a copy 
of that request to the notifying of that other Member State. The notified body 
concer ned shall respond without delay and within 15 days at the latest to the request. 
The notifying authority shall ensure that such requests are resolved by the notified 
body unless there is a legitimate reason for not doing so.  
4. 4. Notified bodies shall sha re with the market surveillance or notifying authority 
concerned, as appropriate,  evidence on all of the following :  
(a) another notified body does not comply with the requirements laid down in 
Article 50 or its obligations;  
(b) a product placed on the ma rket does not comply with this Regulation;  
(c) a product placed on the market, due to its physical condition, is likely to cause 
a serious risk . 
Article 6 2 
Implementing acts on notified bodies’ obligations and rights  
Where this is necessary to ensure a harmonised application of this Regulation  and only to the 
extent necessary to prevent diverging practices leading to unequal treatment of and creating 
an uneven playing field for economic operators , the Commission may, adopt implementing 
acts providing details on how to execute the  obligations of notified bodies contained in 
Articles 60 and 61 .  
Those implementing acts shall be adopted in accordance with examination procedure referred 
to in Article 8 8(2). 
Article 63  
Coordination of notified bodies  
The Commission shall ensure that appropriate coordination and cooperation between bodies 
notified pursuant to Article 47 are put into place and properly operated in the form of a group 
of notified bodies. Coordination and cooperation in the groups referred to in paragraph 1 shall 
aim at ensuring the harmonised application of this Regulation.  
Notified bodies shall participate in the work of that group, directly or by means of designated 
representatives.  
Notified bodies shall apply as general guidance the adminis trative decisions and documents  
produced by that group.  EN 87  EN CHAPTER VII  
SIMPLIFIED PROCEDURES  
Article 64  
Use of appropriate technical documentation  
1. A manufacturer may replace type testing by appropriate technical documentation 
demonstrating that:  
(a) for one or several essential characteristics of the product, which the 
manufacturer places on the market, that product is deemed to achieve a certain 
level or class of performance without testing or calculation, or without further 
testing or calculation, in ac cordance with the conditions set out to that end in 
the relevant harmonised technical specification or a Commission act; or  
(b) the product, covered by a harmonised technical specification, which the 
manufacturer places on the market is a system made of it ems, which the 
manufacturer assembles duly following precise instructions, including 
compatibility criteria in case of individual items, given by the provider of such 
a system or of a component thereof, who has already tested that system or that 
item for o ne or several of its essential characteristics in accordance with the 
relevant harmonised technical specification. When these conditions are 
satisfied and when the manufacturer has notably verified that the precise 
compatibility criteria of the provider ar e met, the manufacturer is entitled to 
declare performance corresponding to all or part of the test results for the 
system or the item provided to him.  
2. If the product referred to in paragraph 1 belongs to a family or category of products 
for which the a pplicable assessment and verification system is system 1 + or 1, as set 
out in Annex V, a notified body or TAB shall, in addition to the tasks set out in 
Annex V, assess and certify the correct fulfilment of the obligations referred to in 
paragraph 1.  
Article 65  
Use of simplified procedures by micro -enterprises  
1. Micro -enterprises manufacturing products covered by a harmonised technical 
specification may treat products to which system 3 applies in accordance with 
provisions for system 4. When a manufacture r uses this simplified procedure, the 
manufacturer shall demonstrate compliance of the product with the applicable 
requirements by means of a Specific Technical Documentation.  
2. The fulfilment of the requirements of this Article shall be assessed and conf irmed by 
a TAB or a notified body.  EN 88  EN Article 66  
Custom -made non -series products  
1. In relation to products covered by a harmonised technical specification and which are 
individually manufactured or custom -made in a non -series process in response to a 
specific order, and which are installed in a single identified construction work by 
manufacturers who are also responsible for the safe incorporation of those products 
into construction works, the performance assessment part of the applicable system, as 
set out in Annex V, may be replaced by the manufacturer by Specific Technical 
Documentation demonstrating compliance of that product with the applicable 
requirements and providing data equivalent to those required by this Regulation and 
the applicable harmon ised technical specifications. Equivalence is given where all 
the data needed and requirements applicable to the particular construction work and 
its future dismantling, including reuse, remanufacturing and recycling of its installed 
products, are provided  or fulfilled on the basis of state -of-the-art methods.  
2. A notified body or TAB shall, in addition to the tasks set out in Annex V, assess and 
certify the correct fulfilment of the obligations referred to in paragraph 1.  
Article 67  
Recognition of assessment and verification by another notified body  
1. A notified body (hereafter: recognising notified body) may refrain from the 
assessment and verification of a certain item to be assessed or verified in accordance 
with this Regulation and recognise th e assessment and verification undertaken by 
another notified body for the same economic operator where:  
(a) the item has been correctly assessed and verified by the other notified body 
which is - whilst being rebuttable - to be assumed where the respective  report 
does not contain any information suggesting an error;  
(b) there is an agreement in place between the two notified bodies obliging them to 
share all information regarding the assessment and verification and their 
respective certificates and reports;  
(c) the assessed or verified economic operator agrees to share all relevant data and 
documents with the recognising notified body;  
(d) the validity of the certificate is limited to the validity of the certificate issued 
by the other notified body.  
This p aragraph shall also apply to test reports that are not followed by a certification 
and to assessments of calculation of the environmental s ustainability undertaken 
under Regulation (EU) ... [Regulation on ecodesign for sustainable products].  
2. Where the notified body wishes to recognise an assessment or verification 
undertaken by another notified body in relation to an economic operator for which 
only the other notified body is in charge (“other economic operator”), and provided 
that there is additionally  an agreement in place between the two economic operators 
that ensures the free flow of all information between them and the notified bodies in 
view of ensuring compliance with this Regulation, the recognition shall only be 
possible with regard to the foll owing : EN 89  EN (a) with regard to the verification of the environmental sustainability calculation of 
the other economic operator, namely supplier or service provider, and their 
respective supplied goods or services, or  
(b) with regard to components where these co mponents do not constitute the entire 
product . 
This paragraph shall also apply to assessments of calculation of the environmental 
sustainability undertaken under Regulation (EU) ... [Regulation on ecodesign for 
sustainable products].  
CHAPTER VIII  
MARKET SU RVEILLANCE AND SAFEGUARD PROCEDURES  
Article 68  
Complaint Portal  
1. The Commission shall set up a system allowing any natural or legal person to share 
complaints or reports related to possible non -compliances with this Regulation.  
2. Where the Commission consider a complaint or report relevant and substantiated, it 
shall assign it to a market surveillance authority for it to follow -up with the relevant 
natural or legal person in accordance with Article 11(7), point (a) of Regulation (E U) 
2019/1020.  
Article 69  
Competent authorities  
1. Member States shall designate, amongst their market surveillance authorities, one or 
more ‘competent authorities’ that dispose of the particular knowledge needed to 
assess products both technically and lega lly. 
2. Member States shall designate, amongst their competent authorities, the ‘national 
competent authority’ which is the focal point for contacts with other Member States.  
Article 70  
Procedure to deal with non -compliances  
1. Where a market surveillance authority of one Member State has sufficient reason to 
believe that certain products covered by a construction products standard or for 
which a European technical assessment has been issued, or its manufacturer, is non -
compliant, it shall carry out an eval uation in relation to the products and the 
manufacturer concerned covering the respective requirements laid down by this 
Regulation. The relevant economic operators shall cooperate as necessary with the 
market surveillance authorities.  
Where, in the course  of that evaluation, the market surveillance authority finds that 
the products or its manufacturer does not comply with the requirements and 
obligations laid down in this Regulation, it shall without delay require the relevant EN 90  EN economic operators to take al l appropriate and proportionate corrective actions to 
bring the products or himself into compliance with those requirements and 
obligations or to withdraw the products from the market, or to recall them, all within 
a reasonable period and commensurate with  the nature and degree of the non -
compliance. The corrective action required to be taken by the economic operators 
may include the actions listed in Article 16(3) of Regulation (EU) 2019/1020.  
The market surveillance authority shall inform the notified bodies accordingly, if 
notified bodies are involved.  
2. Where the market surveillance authority considers that the non -compliance is not 
limited to its national territory, it shall, via the national competent authority, inform 
the Commission and the other Member States of the results of the evaluation and of 
the actions which it has required the economic operators to take.  
3. The economic operators shall take all appropriate corrective action in respect of all 
the products that that economic operators has m ade available on the market 
throughout the Union.  
4. Where the relevant economic operators, within the period referred to in the second 
subparagraph of paragraph 1, do not take adequate corrective action or where the 
non-compliance persists, the market sur veillance authority shall take all appropriate 
provisional or definitive measures to prohibit or restrict the making available on the 
market of the products, to withdraw these product from the market or to recall them.  
The market surveillance authority shall inform the public, and via the national 
competent authority the Commission and the other Member States, without delay, of 
those measures.  
5. The information referred to in the last sentence of paragraph 4 shall include all 
available details, in parti cular the data necessary for the identification of the non -
compliant products, the origin of the products, the nature of the non -compliance 
alleged and the risk involved, the nature and duration of national measures taken as 
well as the arguments put forwa rd by the relevant economic operator. In particular, 
the market surveillance authorities shall indicate whether the non -compliance is due 
to either of the following:  
(a) failure of the products to achieve the declared performance and/or to meet the 
require ments related to the fulfilment of basic requirements for construction 
works laid down in this Regulation;  
(b) failure of the manufacturer to meet obligations;  
(c) shortcomings in the harmonised technical specifications or a European 
assessment document.  
6. Member States other than the Member State initiating the procedure shall without 
delay inform the Commission and the other Member States of any measures adopted 
and of any additional information at their disposal relating to the non -compliance of 
the pro ducts concerned, and, in the event of disagreement with the notified national 
measure, of their objections.  
7. Where, within two months of receipt of the information referred to in paragraph 4, no 
objection has been raised by either a Member State or the C ommission in respect of a 
provisional measure taken by a Member State in relation to the product concerned, 
that measure shall be deemed justified.  EN 91  EN 8. The other Member States shall ensure that appropriate restrictive measures are taken 
without delay in res pect of the product or manufacturer concerned, such as 
withdrawal of the products from their market.  
Article 71  
Union safeguard procedure  
1. Where, on completion of the procedure set out in Article 70(4), objections are raised 
against a measure taken by a Member State or where the Commission considers a 
national measure to be contrary to Union legislation, the Commission shall without 
delay enter into consultation with the Member States and the relevant economic 
operators and shall evaluate the national mea sure. On the basis of the results of that 
evaluation, the Commission shall decide by means of implementing act adopted 
whether the measure is justified or not.  
Those implementing acts shall be adopted in accordance with advisory procedure 
referred in Artic le 88(1). 
The Commission shall address its decision to all Member States and shall 
immediately communicate it to them and to the relevant economic operators.  
2. If the national measure is considered justified, all Member States shall take the 
necessary measures to ensure that the non -compliant product is withdrawn from their 
markets and shall inform the Commission accordingly. If the national measure is 
considered unjustified, the Member State concerned shall withdraw the measure.  
3. Where the national m easure is considered to be justified and the non -compliance of 
the product or its manufacturer is attributed to shortcomings in the construction 
products standards as referred to in Article 70(5), point (c), the Commission shall 
apply the procedure provide d for in Article 11 of Regulation (EU) No 1025/2012.  
Article 72  
Complying products which nevertheless present a risk  
1. Where, having performed an evaluation pursuant to Article 70(1), a market 
surveillance authority Member State finds that, although certa in products are in 
compliance with this Regulation, they present a risk for the fulfilment of the basic 
requirements for construction works, to the health or safety of persons, to the 
environment or to other aspects of public interest protection, it shall require the 
relevant economic operators to take all appropriate measures to ensure that the 
products concerned, when placed on the market, no longer present that risk, to 
withdraw the products from the market or to recall them within a reasonable period, 
commensurate with the nature of the risk, which it may prescribe.  
2. The economic operator shall ensure that any corrective action is taken in respect of 
all the products concerned which that economic operator has made available on the 
market throughout the  Union.  
3. The market surveillance authority shall, via the national competent authority, 
immediately inform the Commission and the other Member States. That information 
shall include all available details, in particular the data necessary for the 
identification of the product concerned, the origin and the supply chain of the EN 92  EN product, the nature of the risk involved and the nature and duration of the national 
measures taken.  
4. The Commission shall without delay enter into consultation with the Memb er States 
and the relevant economic operators and shall evaluate the national measures taken. 
On the basis of the results of that evaluation, the Commission shall decide by 
implementing act whether the measure is justified or not and, where necessary, 
propose appropriate measures.  
5. Those implementing acts shall be adopted in accordance with the advisory procedure 
referred to in Article 88(1). 
6. The Commission shall address its decision to all Member States and shall 
immediately communicate it to them and to the relevant economic operators.  
Article 73  
Minimum checks and minimum human resources  
1. The Commission is empowered to adopt delegated acts in accordance with Article 87 
supplementing this Regulation by laying down the minimum number of checks to be 
performed by the market surveillance authorities of each Member State on specific 
products covered by harmonised technical specifications or in relation to specific 
requirements set out in such measures in order to ensure checks are performed on a 
scale  adequate to safeguard the effective enforcement of this Regulation. The 
delegated acts may, where relevant, specify the nature of the checks required and 
methods to be used.  
2. The Commission is also empowered to adopt delegated acts in accordance with 
Article 87 supplementing this Regulation by laying down the minimum human 
resources to be deployed by Member States for purposes of market surveillance with 
regard to products covered by this Regulation.  
Article 74  
Market surveillance coordination and support  
1. For the purposes of this Regulation, the administrative cooperation group (‘ADCO’) 
set up pursuant to Article 30(2) of Regulation (EU) 2019/1020 shall meet at regular 
intervals and, where necessary, at the reasoned request of the Commission or o f two 
or more participating market surveillance authorities.  
In the context of performing its tasks set out in Article 32 of Regulation (EU) 
2019/1020, the ADCO shall support the implementation of this Regulation, namely 
by identifying common priorities f or market surveillance.  
2. Based on priorities identified in consultation with the ADCO, the Commission shall:  
(a) organise joint market surveillance and testing projects in areas of common 
interest;  
(b) organise joint investment in market surveillance cap acities, including 
equipment and IT tools;  
(c) organise common trainings for the staff of market surveillance authorities, 
notifying authorities and notified bodies, including on the correct interpretation EN 93  EN and application of this Regulation and on methods and techniques relevant for 
applying or verifying compliance with it;  
(d) elaborate guidelines for the application and enforcement of requirements and 
obligations set out in delegated acts referred to in Article 4(3) and (4) and 
Article 5(2) and (3) and t he delegated acts referred to in Article 22(4), 
including common practices and methodologies for effective market 
surveillance.  
The Union shall, where appropriate, finance the actions referred to in points (a), (b) 
and (c).  
3. The Commission shall provide  technical and logistic support to ensure the ADCO 
fulfils its tasks set out in Article 32 of Regulation (EU) 2019/1020 and this Article.  
Article 75  
Retrieval of costs  
Market surveillance authorities shall have the right to recover from economic operators in 
possession of a non -compliant product or from the manufacturer the costs of document 
inspection and physical product testing.  
Article 76  
Reporting and benchmarking  
1. Market surveillance authorities shall enter into the information and communication 
system referred to in Article 34 of Regulation (EU) 2019/1020 information on the 
nature and severity of any penalty imposed in relation to non -compliance with this 
Regulation.  
2. The Commission shall, every 2 years, draw up a report by 30 June based on the 
information entered by market surveillance authorities into the information and 
communication system referred to in Article 34 of Regulation (EU) 2019/1020. The 
first of these reports shall be published by [ OP: Please add date: two years after date 
of appl ication of this Regulation ]. 
The report shall include:  
(a) information on the nature and number of checks performed by market 
surveillance authorities during the two previous calendar years pursuant to 
Article 34(4) and (5) of Regulation (EU) 2019/1020;  
(b) information on the levels of non -compliance identified and on the nature and 
severity of penalties imposed for the two previous calendar years in relation to 
products covered by delegated acts adopted pursuant to Articles 4, 5, 6 and 22 
of this Regulat ion; 
(c) indicative benchmarks for market surveillance authorities in relation to the 
frequency of checks and the nature and severity of penalties imposed.  
3. The Commission shall publish the report referred to in paragraph 2 of this Article in 
the information and communication system referred to in Article 34 of Regulation 
(EU) 2019/1020 and shall make public a summary of the report.  EN 94  EN  
CHAPTER IX  
INFORMATION AND ADMINISTRATIVE COOPERATION  
Article 77  
Information systems for harmonised decision -making  
1. The Commission shall establish and maintain an information and communication 
system for the collection, processing and storage of information, in a structured form, 
on issues relating to the interpretation or application of the rules laid down in or 
pursuant to this Regulation, with the aim of ensuring the harmonised application of 
those rules.  
In addition to the Commission and Member States, market surveillance authorities, 
the single liaison offices appointed under Article 10(3) of Regulation (EU) 
2019 /1020 , the authorities designated under Article 25(1) of Regulation (EU) 
2019/1020 , notifying authorities, notified bodies, and product contact points for 
Construction shall be able to access the information and communication system. The 
Commission may, by  implementing decision give access to authorities of third 
countries that apply voluntarily this Regulation or that have regulatory systems for 
construction products similar to this Regulation.  
Those implementing acts shall be adopted in accordance with the advisory procedure 
referred to in Article 88(1). 
2. The bodies listed in paragraph 1 may use the information and communication system 
to raise any question or issue related to the interpretation or application of the rules 
laid down in or pursuant to thi s Regulation, including their relationship to other 
provisions of Union law. They shall raise such questions or issues where reasonable 
doubt exists about how to apply or interpret those rules in a given situation.  
3. For purposes of paragraph 2, reasonabl e doubt shall be assumed to exist where the 
bodies listed in paragraph 1:  
(a) are aware or made aware of the application or interpretation of the rules laid 
down in or pursuant to this Regulation by any other body in a way that 
diverges from their own prac tise; 
(b) are aware or made aware of questions or issues raised through the information 
and communication system related to the situation they are confronted with or 
to their own practice;  
(c) are confronted with a situation not foreseen by the rules laid down in or 
pursuant to this Regulation when first published or referred to in the Official 
Journal of the European Union, especially but not limited to situations brought 
about by the emergence of new products or business models,;  
(d) have to apply the rul es laid down in or pursuant to this Regulation to a situation 
to which other provisions of Union law also apply and the resulting question.  
4. When raising a question or issue, the relevant body shall enter into the information 
and communication system inf ormation concerning:  EN 95  EN (a) any decision taken in relation to the question or issue raised;  
(b) the presumable reasoning/rationale behind the approach taken;    
(c) any alternative approach it has identified and its respective reasoning/rationale;  
5. Member States shall establish a national information system or email list service to 
inform their authorities, the economic operators active on their territory, TABs and 
notified bodies with place of business on their territory and, on request, also other 
TABs an d notified bodies, on all matters relevant for the correct interpretation or 
application of the rules laid down in or pursuant to this Regulation. In doing so, they 
shall take into account the information available in the information and 
communications sys tem referred to in paragraph 1,.  
6. Authorities, economic operators, TABs and notified bodies with place of business in 
the respective Member State shall register into that system or email list service and 
take account of all information transmitted via th em. 
7. The national information system or email list service shall be able to receive 
complaints on behalf of the national competent authority from any natural or legal 
person, including TABs and notified bodies, on the uneven application of the rules 
laid down in or pursuant to this Regulation. If deemed appropriate, the national 
competent authority shall forward such complaints to their peers in other Member 
States and to the Commission.  
8. Member States and the Commission may use artificial intelligence to detect 
diverging decision making practices.  
Article 7 8 
EU construction products database or system  
1. The Commission is empowered to supplement this Regulation by means of delegated 
act according to Article 87, by set ting up a Union construction products database or 
system that builds to the extent possible on the Digital Product Passport established 
by Regulation (EU) ... [Regulation on ecodesign for sustainable products] . 
2. Economic operators may access all information stored in that database or system 
which regards them specifically. They may request that incorrect information is 
corrected . 
3. The Commission may, by implementing acts give access to this database or system 
to certain authorities of third countries that apply voluntarily this Regulation or that 
have regulatory systems for construction products similar to this Regulation provided 
that these countries:  
(a) ensure confidentiality,  
(b) are partners of a mechanism for lawful transfers of personal data complian t 
with the Regulation (EU) 2016/67948 , 
                                                 
48 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the 
protection of natural persons with regard to the processing of personal data an d on the free movement of 
such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016, 
p. 1–88. EN 96  EN (c) commit to engage actively by notifying facts that might trigger the need for 
action of market surveillance authorities, and  
(d) commit to engage against economic operators infringing this Regulation from 
their ter ritory.  
Those implementing  acts shall be adopted in accordance with the advisory procedure 
referred to in Article 8 8(1). 
Article 79  
Product contact points for construction  
1. Member States shall support economic operators by product contact points for 
construction. Member States shall designate and maintain at least one product 
contact point for construction on their territory and shall ensure that their product 
contact points for construction  have sufficient powers and adequate resources for the 
proper  performance of their tasks and at any rate at least one full -time equivalence 
per Member State and one additional full -time equivalence per each ten millions of 
inhabitants. They shall ensure that product contact points for construction  deliver 
their serv ices in accordance with Regulation (EU) 2018/172449 and that they 
coordinate with the contact points for mutual recognition established by Article 9(1) 
of Regulation (EU) No 2019/51550. 
2. Product contact points for construction  shall provide, at the request  of an economic 
operator or a market surveillance authority of another Member State, any useful 
product related information, such as:  
(a) electronic copies of, or online access to, the national technical rules and 
national administrative procedures applica ble to products in the territory in 
which the product contact points for construction is established,  
(b) information on whether those products are subject to prior authorisation under 
national law,  
(c) rules applicable to the incorporation, assembling or installation of products.  
Product contact points for construction  shall also provide information on product 
related provisions of this Regulation and of acts adopted in accordance with it.  
3. Product contact points for construction  shall respond within 15 working days of 
receiving any request under paragraph 3.  
4. Product c ontact points for construction  shall not charge any fee for the provision of 
the information under paragraph 3.  
5. Product contact points for construction  shall be able to carry out their  functions in a 
manner that avoids conflicts of interest, particularly in respect of the procedures for 
obtaining the CE marking.  
                                                 
49 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 
establishing a single digit al gateway to provide access to information, to procedures and to assistance and 
problem -solving services and amending Regulation (EU) No 1024/2012 ; OJ L 295, 21.11.2018, p. 1 –38. 
50 Regulation (EU) 2019/515 of the European Parliament and of the Council of 19 March 2019 on the 
mutual recognition of goods lawfully marketed in another Member State and repealing Regulation (EC) No 
764/2008 ; OJ L 91, 29.3.2019, p. 1 –18. EN 97  EN 6. Paragraphs 1 to 6 apply also to products which have not yet been covered by 
harmonised technical specifications.  
7. The Com mission shall publish update a list of the national product contact points for 
construction . 
Article 80  
Trainings and exchange of staff  
1. Market surveillance authorities, product contact points for construction , designating 
authorities TABs, notifying authorities, and notified bodies shall ensure that their 
staff:  
(a) keep up -to-date in their area of competence and receive periodic additional 
training to that end; and  
(b) receive periodically training on the harmonised interpretation and application 
of the rules laid down in or pursuant to this Regulation.  
2. The Commission shall, periodically and at least once a year, organise training events 
jointly for the staff of market surveillance authorities, notifying authorities, and 
notified bodies. The Commis sion shall organise these training events in cooperation 
with the Member States.  
The training events shall be open to the participation of the staff of the authorities 
designated under Article 25(1) of Regulation (EU) 2019/1020, the single liaison 
offices appointed under Article 10(3) of Regulation (EU) 2019/1020 and, where 
appropriate, of other authorities of the Member States involved in the 
implementation or enforcement of this Regulation. The Commission may, by 
implementing decision adopted in accordanc e give access to third countries that 
apply voluntarily this Regulation or that have regulatory systems for construction 
products similar to this Regulation.  
Those implementing acts shall be adopted in accordance with the advisory procedure 
referred to in Article 8 8(1). 
3. The Commission may organise, in cooperation with the Member States, programmes 
for the exchange of staff between the market surveillance authorities, notifying 
authorities, and notified bodies of two or more Member States.  
Article 81  
Shared roles and joint decision -making  
1. In order to fulfil their obligations under this Regulation with regard to market 
surveillance, designation and supervision of TABs, notified bodies, and product 
contact points for construction , Member States may de signate:  
(a) a body or authority set up in cooperation with another Member State or other 
Member States for the purpose of joint designation;  
(b) a body or authority already designated by another Member State for the same 
purpose, in cooperation with that Member State;  EN 98  EN The Member States  concerned  shall jointly ensure that the shared bodies or 
authorities meet all relevant requirements. They shall be jointly responsible for them, 
whilst decisions taken towards natural or legal persons on a certain Member Sta te 
shall be legally attributable only to that Member State.  
2. The authorities of different Member States may, without prejudice to their individual 
obligations under this Regulation or other legislative acts, share resources and 
responsibilities in order to ensure the harmonised application or effective 
enforcement of this Regulation.  
To that end, they may also:  
(a) take joint decisions, especially in relation to joint cross -border activities or in 
relation to economic operators active on the territory of the relevant Member 
States;  
(b) establish common projects, such as joint market surveillance or testing 
projects;  
(c) pool resources for specific purposes, such as building up testing capacity or for 
internet surveillance;  
(d) delegate the execution of tas ks to a peer authority of another Member State, 
whilst staying formally responsible for the decisions taken by that authority;  
(e) transfer a task from one Member State to the other, provided that such transfer 
is clearly communicated to all concerned.  
The relevant Member States shall be jointly responsible for the actions taken in 
accordance with this paragraph.  
CHAPTER X  
INTERNATIONAL COOPERATION  
Article 82  
International cooperation  
1. The Commission may cooperate, including through the exchange of information, 
with third countries or international organisations in the field of application of this 
Regulation, such as:  
(a) enforcement activities and measures related to safety and protection of the 
environment, including market surveillance;  
(b) exchan ge of data of economic operators;  
(c) assessment methods and product testing;  
(d) coordinated product recalls, requests for corrective actions and other similar 
actions;  
(e) scientific, technical, and regulatory matters, aiming to improve product safety 
or the protection of the environment;  
(f) emerging issues of significant environmental, health and safety relevance;  
(g) standardisation -related activities;  EN 99  EN (h) exchange of officials.  
2. The Commission may provide third countries or international organis ations with 
selected information from the product database or system referred to in Article 78, to 
the system referred to in Article 77 and to the information exchanged amongst 
authorities in accordance with this Regulation and receive relevant information  on 
products and on preventive, restrictive and corrective measures taken by these third 
countries or international organisations. The Commission shall share such 
information with national authorities, where relevant.  
3. The information exchange referred t o in paragraph 2 may take the form of either:  
(a) a non -systematic exchange, in duly justified and specific cases;  
(b) a systematic exchange, based on an administrative arrangement specifying the 
type of information to be exchanged and the modalities for the exchange.  
4. Full participation in the database system referred to in Article 78, to the system 
referred to in Article 77 and to the information exchange amongst authorities set out 
in Article 80 may be open to applicant countries and third countries,  provided that 
their legislation is aligned with this Regulation or that they recognise certificates 
issued by notified bodies or European technical assessments in accordance with this 
Regulation. Such participation is subject to the fulfilment of the same  obligations as 
for EU Member States according to this Regulation, including notification and 
follow -up obligations. Full participation in the database or system referred to in 
Article 78 and to the system referred to in Article 77 shall be based on agreem ents 
between the European Union and those countries.  
5. Where agreements with third countries permit the mutual support in terms of 
enforcement, Member States may, after consultation of the Commission, use the 
empowerments set out in Chapter VIII also for action against economic operators 
acting unlawful in or with respect to third countries, provided that the third countries 
respect the fundamental values referred to in Article 2 TEU, including the rule of 
law. Member States may request via the Commission third countries to enforce 
measures adopted in accordance with Chapter VIII. No cooperation under this 
Paragraph shall happen where there is no de facto reciprocity or where the 
Commission raises other concerns, namely with regard to the legal conditions s et out 
in this Article or confidentiality of data.  
6. Any information exchange under this article, to the extent it involves personal data, 
shall be carried out in accordance with EU data protection rules. If no adequacy 
decision pursuant to Article 45 of Regulation (EU) 2016/679 has been adopted by the 
Commission in respect of the third country or international organisation concerned, 
the information exchange shall exclude personal data. If an adequacy decision for the 
third country or international organi sation has been adopted, the information 
exchange with that third country or international organisation may contain personal 
data falling within the scope of the adequacy decision and only to the extent that such 
exchange is necessary for the sole purpose of the protection of health, safety or the 
environment.  
7. The information exchanged pursuant to this Article shall be used for the sole purpose 
of the protection of health, safety or the environment and respect confidentiality 
rules.  EN 100  EN CHAPTER XI  
INCENTIVES  AND PUBLIC PROCUREMENT  
Article 83  
Member State incentives  
1. Where Member States provide incentives for a product category covered by a 
delegated act establishing performance classes in accordance with Article 4(4), point 
(a) or a “traffic -light-labelling” in accordance with Article 22(5), those incentives 
shall aim at the highest two populated classes / colour codes, or at higher classes / 
better colour codes.  
Where a delegated act defines classes of performance in relation to more  than one 
sustainability parameter, it shall be indicated therein in relation to which parameter 
this Article should be implemented.  
2. Where no  delegated act is adopted pursuant to Article 4(4), the Commission may 
specify in the delegated acts adopted pur suant to Article 4(3), which levels of 
performance related to product parameters the Member States incentives shall 
concern.  
When doing so, the Commission shall take into account the following criteria:  
(a) the relative affordability of the products depen ding on their level of 
performance;  
(b)  the need to ensure sufficient demand for more environmentally sustainable 
products.  
Article 84  
Green public procurement  
1. The Commission is empowered to supplement this Regulation by delegated acts 
according to Article 87 by establishing sustainability requirements applicable to 
public contracts, including implementation, monitoring and reporting of those 
requirements by Member States.  
2. Requirements adopted pursuant to paragraph 1 for public contracts awarded by 
contracting authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article 
3, point ( 1) of Directive 2014/25/EU, or contracting entities, as defined in Article 
4(1) of Directive 2014/25/EU, may take the form of mandatory technical 
specifications, selection criteria, award criteria, contract performance clauses, or 
targets, as appropriate.  
3. When establishing requirements pursuant to paragraph 1 for p ublic contracts, the 
Commission shall take into account the following criteria:  
(a) the value and volume of public contracts awarded for that given product family 
or category or for the services or works using the given product family or 
category;  EN 101  EN (b) the need to ensure sufficient demand for more environmentally sustainable 
products;  
(c) the economic feasibility for contracting authorities or contracting entities to 
buy more environmentally sustainable products, without entailing 
disproportionate costs.  
CHAPTER XII  
REGULATORY STATUS OF PRODUCTS  
Article 85  
Regulatory status of products  
Upon a duly substantiated request of a Member State  or on its own initiative , the Commission 
may, by means of implementing acts, determine whether or not a specific item, or category of 
items, falls within the definition of ‘construction product’ or constitute an item referred to in 
Article 2(1). Those implementing acts shall be adopted in accordance with the examination 
procedure referred to in Article 8 8(2) of this Regulatio n. 
CHAPTER X III 
AMENDMENTS  
Article 86  
Amendments to Regulation (EU) 2019/1020      
Regulation (EU) 2019/1020 is amended as follows:  
(1) in Article 4(5) , the following text is added: “[(EU) 2020/…( *51)]” 
(2) in Annex I, the following point 72 is added to the List of Union harmonisation 
legislation:  
“72. Regulation of the European Parliament and of the Council laying down harmonised 
conditions for the marketing of construction products, amending Regulation (EU) 2019/1020 
and repealing Regulation (EU) 305/20 11 (the Publications Office to fill in the OJ publication 
details);”.  
                                                 
51 *[Regulation of the European Parliament and of the Council laying down harmonised condition s for the 
marketing of construction products, amending Regulation (EU) 2019/1020 and repealing Regulation (EU) 
305/2011 (For the Publications Office to fill in the OJ publication details)]”.  EN 102  EN CHAPTER XIV  
FINAL PROVISIONS  
Article 87 
Delegated act s 
1. The power to adopt delegated acts is conferred on the Commission subject to the 
conditions laid down in this Article.  
2. The power to adopt delegated acts referred to in Article 4(3), (4) and (5), Article 5(2) 
and (3), Article 6(1) to (3), Article 8, Article 11(3), Article 22(4) and (5), Article 
35(4), Article 44(1), Article 73(1) and (2), Article 78(1), Article 84(1) and Ar ticle 
90(4) shall be conferred on the Commission for a period of five years from … [the 
date of entry into force of this Regulation]. The Commission shall draw up a report 
in respect of the delegation of power not later than nine months before the end of t he 
five-year period. The delegation of power shall be tacitly extended for periods of an 
identical duration, unless the European Parliament or the Council opposes such 
extension not later than three months before the end of each period.  
3. Before adopting a delegated act, the Commission shall consult experts designated by 
each Member State in accordance with the principles laid down in the 
Interinstitutional Agreement of 13 April 2016 on Better Law -Making52. 
4. The delegation of powers referred to in Article  4(3), (4) and (5), Article 5(2) and (3), 
Article 6(1) to (3), Article 8, Article 11(3), Article 22(4) and (5), Article 35(4), 
Article 44(1), Article 73(1) and (2), Article 78(1), Article 84(1) and Article 90(4) 
may be revoked at any time by the European P arliament or by the Council. A 
decision to revoke shall put an end to the delegation of the power specified in that 
decision. It shall take effect the day following the publication of the decision in the 
Official Journal of the European Union or at a later  date specified therein. It shall not 
affect the validity of any delegated acts already in force.  
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council.  
6. A delegated act adop ted pursuant to Article 4(3), (4) and (5), Article 5(2) and (3), 
Article 6(1) to (3), Article 8, Article 11(3), Article 22(4) and (5), Article 35(4), 
Article 44(1), Article 73(1) and (2), Article 78(1), Article 84(1) and Article 90(4) 
shall enter into forc e only if no objection has been expressed either by the European 
Parliament or the Council within a period of two months of notification of that act to 
the European Parliament and the Council or if, before the expiry of that period, the 
European Parliament  and the Council have both informed the Commission that they 
will not object. That period shall be extended by two months at the initiative of the 
European Parliament or of the Council.  
                                                 
52 Interinstitutional Agreement between the European Parliament, t he Council of the European Union and 
the European Commission on Better Law -Making, OJ L 123, 12.5.2016, p. 1 –14. EN 103  EN Article 88 
Committee  
1. The Commission shall be assisted by the Committee on Construction Products. This 
committee shall be a committee within the meaning of Regulation (EU) No 
182/2011. Where reference is made to this paragraph, Article 4 of Regulation (EU) 
No 182/2011 shall apply (advisory procedure).  
2. Where refere nce is made to this paragraph, Article 5 of Regulation (EU) No 
182/2011 shall apply (examination procedure).  
3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 
182/2011, in conjunction with Article 5 thereof, shall apply (urgent examination 
procedure).  
Article 89 
Electronic applications, decisions, documentation and information  
1. All applications from or to notified bodies or TABs and decisions made by these 
bodies or authorities made in accordance with this Regulation can be pro vided on 
paper or in a commonly used electronic format provided that the signature is 
compliant with Regulation (EU) No 910/2014 and the signing person is entrusted to 
represent the body or economic operator, according to the law of the Member States 
or Un ion law respectively.  
2. All documentation required by Article 19(7),Article 21(3), Articles 64 to 66 and 
Annex V can be provided on paper or in a commonly used electronic format and in a 
way that permits downloads via unmodifiable links (permalinks).   
All information  obligations set up by Article 7(3), (4) and (6), Article 19(1), (3), (5) 
and (6), Article 20(2) and (3), Article 21(6) to (9), Article 22(2), points (f) and (i), 
Article 23(5), Article 24(6), Article 25(2), Article 26(4), Article 27(2), Artic les 28 to 
39, Article 41(3), Article 44(3), (4), (6) and (7), Article 45(3), Article 46(2), Article 
47, article 49(5), Article 50(11), Article 53(1), Article 58(1), Article 59(2), Article 
61, Article 70(1), (2), (4) and (6), Article 71(2), Article 72(1), ( 3) and (5), Article 76, 
Article 77, Article 78(3), Article 79(2), Article 79(3), Article 80(2), Article 82(1) to 
(3), (6) and (7) and Article 91 can be satisfied by electronic means. However, 
information to be provided in accordance with Annex I Part D and  harmonised 
technical specifications specifying it shall be provided on paper for products not 
labelled “not for consumers” or “only for professional use”. Moreover, consumers 
may request any other information to be provided on paper.  
Article 90 
Penalties  
1. Member States shall lay down the rules on penalties applicable to non -compliances 
with this Regulation and shall take all measures necessary to ensure that these rules 
are implemented. The penalties provided for shall be effective, proportionate and 
dissuasive. Member States shall, by [insert date - 3 months after to the date of entry 
into force of this Regulation], notify the Commission of those rules and of those EN 104  EN measures and shall notify it, without delay, of any subsequent amendment affecting 
them.  
2. Member States shall especially lay down rules on penalties for the following non -
compliances of economic operators:  
(a) placing on the market or making available on the market of a product which is 
not CE marked whilst an CE marking is mandatory;  
(b) affixing the CE marking in violation of Article 17(1) or without the correct 
information to be provided together with the CE marking in accordance with 
Article 17(2);  
(c) affixing of the CE marking without prior issuing of a declaration of 
performance;  
(d) issuing of a declaration of performance or declaration of conformity where the 
conditions therefore have not been met;  
(e) the declaration of performance or the declaration of conformity is incomplete 
or incorrect;  
(f) the technical documentation is missing,  incomplete or incorrect;  
(g) information to be provided in accordance with Annex I Part D and harmonised 
technical specifications is missing, incomplete or incorrect;  
(h) the information referred to in paragraph Article 21(4), Article 22(2), points (f) 
and (i) or Article 21( 7) and Article 24 is missing, incomplete or incorrect;  
(i) any other administrative requirement provided for in Articles 21, 22 or 24 is 
not fulfilled;  
(j) information due to notified bodies, TABs or authorities is not provided or is 
incorrect;  
(k) measures requested in case of non -compliance or risk, mandatory according to 
Article 21(8) and (9), Article 23(3), points (d) and (e), Article 24(5), Article 
25(2) in conjunction with Article 24(5), Article 27(2), point (c) in conjunction 
with Article 24(5) and Article 27(2), points (d), (e) and (g) are not taken;  
(l) the product and documentation verification obligations incumbent on economic 
operators accordi ng to Articles 23 to 27 are not fulfilled; and  
(m) 3D-printing services are provided under infringement of Article 28.  
3. Member States shall also lay down rules on penalties for the following non -
compliances of TABs and notified bodies:  
(a) issuing of cer tificates, test reports, or European technical assessments whilst 
the conditions therefore are not fulfilled;  
(b) non-withdrawal of certificates, test reports, or European technical assessments 
where the withdrawal is mandatory;  
(c) information to be provi ded to notified bodies, TABs or authorities is not 
provided, incomplete or is incorrect; and  
(d) instructions of authorities are not followed.  
4. The Commission is empowered to supplement this Regulation by delegated act 
adopted in accordance with Article 87 in order to establish proportionate minimum EN 105  EN penalties, targeting all economic operators, TABs and notified bodies directly or 
indirectly involved in the infringement of obligations of this Regulation.  
Article 91  
Evaluation  
No sooner than 8 years after the date of application of this Regulation, the Commission shall 
carry out an evaluation of this Regulation and of its contribution to the functioning of the 
internal market and the improvement of the environmental sustainabili ty of products and 
construction works and built environment. The Commission shall  present a report on the main 
findings to the European Parliament, the Council, the European Economic and Social 
Committee, and the Committee of the Regions. Member States sha ll provide the Commission 
with the information necessary for the preparation of that report.  
Where appropriate, the report shall be accompanied by a legislative proposal for amendment 
of the relevant provisions of this Regulation.  
Article 92 
Repeal  
Regulat ion (EU) 305/2011 is repealed w ith effect from 1 January 2045.  
References to Regulation (EU) 305/2011 shall be construed as references to this Regulation in 
accordance with the correlation table in Annex VII.  
Article 93 
Derogations and t ransitional provisions  
1. Product contact points for construction designated under Regulation (EU) 305/2011 
shall be deemed to be designated under this Regulation as well.  
2. TABs and notified bodies designated under Regulation (EU) 305/2011 shall be 
deemed to be desi gnated under this Regulation as well. However, they shall be 
assessed and designated anew by the designating Member States in accordance with 
their periodic re -assessment cycle and at the latest [5 years after entry into force]. 
The objection procedure set -out in Article 56(5), also applicable to TABs in 
accordance with Article 43(2), shall apply.  
3. The following standards remain valid under this Regulation, as standards referred to 
in the first subparagraph of Article 4(2):  
(a)  
(b)  
(c) [to be inserted during the negotiations of the legislators].  
 
4. European assessment documents issued before [1 year after entry into force] remain 
valid until [3 years after entry into force], unless they have expired for other reasons. 
Products placed on the market on t he basis of these may be further made available on 
the market for another five years.  EN 106  EN 5. Notified bodies’ certificates or test reports and European technical assessments 
issued under Regulation (EU) 305/2011 remain valid for five years after the entry 
into force of harmonised technical specifications for the respective product family or 
category adopted in accordance with Article 4(2), unless these documents have 
expired for other reasons. Products placed on the market on the basis of these 
documents may be  further made available on the market for another five years.  
6. The requirements set out in Chapters I, II and III applicable to economic operators 
with regard to a certain product group or product family shall apply as from one year 
after the entry into force of the harmonised technical specification covering that 
product group or family. However, economic operators may apply those harmonised 
technical specifications as from their entry into force by undergoing the procedure 
leading to a declaration of pe rformance or of conformity.  
7. Within two years following the entry into force of a harmonised technical 
specification covering a certain product group or family, the Commission shall 
withdraw from the Official Journal references of harmonised standards a nd EADs 
covering the respective product group or family.  
Article 94 
Entry into force  
This Regulation shall enter into force on the twentieth day following its publication in the 
Official Journal of the European Union . 
It shall apply as from [1 month after entry into force].  
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
For the European Parliament  For the Council  
The President  The President  EN 107  EN LEGISLATIVE FINANCIAL STATEMENT  
 
1. FRAMEWORK  OF THE  PROPOSAL/INITIATIVE   
1.1. Title of the proposal/initiative  
Proposal for a regulation of the European Parliament and of the Council laying down 
harmonised conditions for the marketing of construction products, amending 
Regulation (EU) 2019/1020 and repealing Regulation (EU) 305/2011  
1.2. Policy area(s) concerned  
Single market for construction products.  
The proposal contributes to the following headline ambitions of the Europ ean 
Commission: the Green Deal, a Europe fit for the digital age, an economy that works 
for people, a stronger Europe in the world.  
1.3. The proposal/initiative relates to:  
a new action   
 a new action following a pilot project/preparatory action53  
 the extension of an existing action   
 a merger or redirection of one or more actions towards another/a new action   
1.4. Objective(s)  
1.4.1.  General objective(s)  
The two general objectives of the revision are to:  
1. Achieve a well -functioning single market for construction products; and to  
2. Make the framework apt to contribute to the objectives of the green and digital 
transition, particularly the modern, resource -efficient and competitive economy.  
1.4.2.  Specific objective(s)  
Specific objectives a re: 
 To unblock the technical harmonisation system;  
 To reduce national barriers to trade for products covered by the CPR;  
 To improve enforcement and market surveillance;  
 To provide more clarity (more comprehensive definitions, reducing 
overlaps, collision rules with other legislation) and simplification;  
 To reduce the administrative burden, including through simplification 
and digitalisation  
 To ensure safe construction pr oducts;  
 To contribute to reducing the overall climate and environmental impact 
of construction products, including through the application of digital 
tools (Digital Product Passport).  
                                                 
53 As referred to in Article 58(2)(a) or (b) of the Financial Regulation.  EN 108  EN 1.4.3.  Expected result(s) and impact  
Specify the effects which the prop osal/initiative should have on the beneficiaries/groups targeted.  
The CPR revision aims to repair and improve the single market for construction 
products. It will create a level playing field for all producers, especially SMEs in all 
Member States. Manufacturers will have to fulfil more obligations to bring their 
products to the market, but at the same time, they will have m ore business 
opportunities. Moreover, Member States will be empowered to exempt certain 
micro -enterprises from the CPR obligations. The intended planned work -sharing and 
the technical fine -tuning with the Ecodesign for Sustainable Products Regulation will 
avoid unnecessary burdens for businesses, SMEs and micro -enterprises. A better 
functioning single market will reduce production costs and thus prices and will give 
construction companies access to a broader choice of products. Overall, 
manufacturers and th e construction eco -system will benefit from the revision.  
1.4.4.  Indicators of performance  
The starting point for indicators in the area of standardisation is  the number of 
acceptable technical documents to be referenced as harmonised standards 
(hENs)  in the OJEU out of the total number of hENs submitted to the Commission 
for citation. This indicator allows to calculate the percentage of citation and to better 
monitor and identify the reasons for non -citations or withholding citation, if any are 
still prese nt. Moreover, the average length of the process from issuing a 
standardisation request by the Commission to delivery of draft standards  by 
CEN is important as it will allow to assess whether one of the problems identified by 
stakeholders of the standardisa tion process, namely lengthiness of the standardisation 
process, is solved/improved. This indicator has to differentiate between newly 
developed hENs and amended and corrected hENs which in general should require 
less time if the standards are evaluated in  CEN in regular intervals and amended 
whenever needed.  
Another output indicator of is the availability of environmental information, and 
the quantity of environmental and product safety requirements  incorporated in 
technical specifications. The number of t hese will increase over time, making 
construction products and construction works safer and more sustainable. The 
number of technical specifications with environmental information and requirements 
(or product families covered by these), and their relative importance in terms of 
environment are parameters helping to evaluate the extent to which environmental 
consideration has increased as a result of th is proposal .  
To measure an improved market surveillance the Commission will consult the 
Member States. A successful implementation would be supposed to lead first to 
detecting more non -compliant construction products  and then to a reduction of 
this number. An indicator  for monitoring could be the level of trust  among economic 
operators, for which an evaluation after four to five years could provide information 
through stakeholder consultations.  
1.5. Grounds for the proposal/initiative  
1.5.1.  Requirement(s) to be met i n the short or long term including a detailed timeline for 
roll-out of the implementation of the initiative  
(1) To remedy the mismatch between the legal criteria applied by the Commission 
and the ability of standardi sers to deliver requested output. To pro vide an alte rnative EN 109  EN whenever the standar disation process is not delivering. To remedy the incomplete 
character of harmonisation.  
(2) To reduce national barriers to trade for products covered by the CPR. To improve 
enforcement and market surveillance. To e nsure clarity of the provisions and in 
particular the simplification provisions.  
(3) To include the application of digital tools. To include reference to sustainability 
performances. To ensure the safety of construction products. To include products that 
escape the current scope of product safety legislation, e.g. 3D-printed products.  
1.5.2.  Added value of Union involvement (it may result from different factors, e.g. 
coordination gains, legal certainty, greater effectiveness or complementarities). For 
the purposes of this point 'added value of Union involvement' is the value resulting 
from Union intervention which is additional to the value that would have been 
otherwise created by Member States alone.  
Reasons for action at European level (ex -ante)  
With th e CPR, the single market for construction products is not achieved. At 
national level, insufficient market surveillance and enforcement prevents benefits in 
terms of opening up markets and levelling the playing field for competitors from 
materialising full y. Moreover, some CPR provisions are insufficiently clear or create 
overlaps, either within the CPR framework itself, or between the CPR and other EU 
legislation. Further, there is inability of the CPR to deliver on broader policy 
priorities, particularly the green and digital transition.  
Expected generated Union added value (ex -post)  
This proposal  is expected to improve the overall functioning of the single market for 
construction products, particularly by addressing the current issues relevant to the 
standardisation system and eradicating further barriers to trade, such as duplication 
or overlapping of regulatory provisions either at the EU or national/regio nal levels. 
This would in turn increase legal certainty as well as predictability and improve the 
level playing field for the construction industry. Trust in the entire system would be 
leveraged thanks to more streamlined market surveillance practices acro ss the EU. 
Finally, this proposal  address es the climate and environmental performance and 
circularity of construction products, which can only be tackled at the EU level, where 
the common technical language is being developed.  
1.5.3.  Lessons learned from s imilar experiences in the past  
The experience with the CPR showed the following lessons:  
(1) There is a need of consistency between the legal criteria applied and the ability of 
standardisers to deliver requested outputs.  
(2) There is a need for an altern ative whenever the standardisation process is not 
delivering.  
(3) Clarity of the provi sions of the Regulation should be ensured.  
(4) The Regulation should be able to deliver on broader policy priorities.  
1.5.4.  Compatibility with the Multiannual Financia l Framework and possible synergies 
with other appropriate instruments  
             The proposal is compatible with the current Multiannual Financial Framework.  EN 110  EN The proposal lays down harmonised conditions for the marketing of construction 
products in the single market. Due to its complexity, some of the activities could in 
theory be delegated to an external agency, but this is not currently planned.  
As regards possible synergies, the proposal  trigger s synergies, in particular with 
other initiatives, inclu ding the Ecodesign for Sustainable Products Regulation .  
1.5.5.  Assessment of the different available financing options, including scope for 
redeployment  
N/A EN 111  EN 1.6. Duration and financial impact of the proposal/initiative  
 limited duration  
 in effect fro m [DD/MM]YYYY to [DD/MM]YYYY  
 Financial impact from YYYY to YYYY for commitment 
appropriations and from YYYY to YYYY for payment appropriations.  
 unlimited duration  
Implementation with a start -up period from 2024 onwards (adoption and publication of the 
proposal  unlikely before 2025, but one year lead time for the most important implementing 
and delegated acts is a minimum) followed by full -scale operation in 2025 or later, subject to 
time of adoption.  
1.7. Management mode(s) planned54  
 Direct management  by the Commission  
 by its departments, including by its staff in the Union delegations;  
 by the executive agencies  
 Shared management  with the Member States  
 Indirect management  by entrusting budget implementation tasks to:  
 third countries or the bodies they have designated;  
 international organisations and their agencies (to be specified);  
 the EIB and the European Investment Fund;  
 bodies referred to in Articles 70 and 71 of the Financial Regulation;  
 public law bodies;  
 bodies governed by private law with a public service mission to the extent 
that they provide adequate financial guarantees;  
 bodies governed by the private law of a Member State that are entrusted 
with the implementation of a public -private partnership and that provide 
adequate financial guarantees;  
 persons entrusted with the implementation of specific actions in the CFSP 
pursuant to Title V of the TEU, and identified in the relevant basic act.  
If more than one management mode is indicated, please provide details in the ‘Comments’ section.  
Comments  
n/a 
                                                 
54 Details of management modes and references to the Financial Regulati on may be found on the 
BudgWeb site: 
https://myintracomm.ec.europa.eu/budgweb/EN/man/budgmanag/Pages/budgmanag.aspx   EN 112  EN 2. MANAGEMENT  MEASURES   
2.1. Monitoring and rep orting rules  
Specify frequency and conditions.  
The Regulation could be evaluated periodically. The Commission will present a 
report on the implementation of the new CPR no sooner than 8 years after its entry 
into force, allowing the results and impacts of  the revision to materialise.  
Such an evaluation report should, in particular, assess the effectiveness of the revised 
legislation – with a special, but not exclusive, focus on the issues covered by the 
indicators mentioned  in part 1.4.4 - as well as its e fficiency, relevance, coherence and 
EU value added.  
In addition to that, several monitoring actions might be carried out by the 
Commission.  
2.2. Management and control system(s)  
2.2.1.  Justification of the management mode(s), the funding implementation me chanism(s), 
the payment modalities and the control strategy proposed  
The proposal regulates only the marketing of construction products, including 
through incorporating certain environmental features to mirror the Ecodesign for 
Sustainable Products Regulat ion. It is thus a classic type product legislation. Classic 
product legislation is mostly implemented by the Commission itself as the many 
legal actions and questions can hardly be outsourced to entities which have no 
primary knowledge of the respective le gislation. However, for certain aspects, the 
use of service providers, selected via public tenders, might be necessary or at least 
useful. Such might in particular be the case for information systems that are 
necessary for the implementation.  
The usual Com mission single control mechanisms, including those applicable to 
public tenders should apply and will suffice. There is no reason for particular, 
deviating funding implementation mechanisms, payment modalities and control 
strategies.  
However, the proposal will trigger an increase in terms of human resources needed. 
The proposal allows addressing the main shortcomings of the CPR framework e.g. 
standardisation and establishes the environmental and product safety requirements 
independently from construction wo rks related performances. Also, it  would 
effectively address the goals stemming from the New Industrial Strategy , the 
Standardisation Strategy, the European Green Deal, the Circular Economy action 
plan and other linked initiatives, in the context of constr uction products . These new 
features require also a consistency mechanism for the cross -border application of the 
new obligations under this Regulation, as well as an information and communication 
system for the collection, processing and storage of informa tion.  
In order to face cover the new tasks, it is necessary to appropriately resource the 
Commission’s services. The implementation of the Regulation is estimated to require 
15 FTE in total.  EN 113  EN 2.2.2.  Information concerning the risks identified and the internal control system(s) set up 
to mitigate them  
To mitigate the inherent risk of conflict of interest concerning notified bodies, 
requirements relating to notifying authorities are established.    
The Commission will monitor the risk of non -compliance wi th the Regulation 
through the reporting system that it will develop (non -compliance alert portal).  
There is a clear need to manage the budget in an efficient and effective manner, and 
to prevent fraud and waste. However, the control system needs to strike a fair 
balance between attaining an acceptable error rate and the control burden required.  
2.2.3.  Estimation and justification of the cost -effectiveness of the controls (ratio of "control 
costs ÷ value of the related funds managed"), and assessment of the expected levels 
of risk of error (at payment & at closure)  
N/A 
2.3. Measures to prevent fraud and irregularities  
Specify existing or envisaged prevention and protection measures, e.g. from the Anti -Fraud Strategy.  
The measures set out to combat fraud are  laid down in Article 35 of Regulation (EU) 
1077/2011 which provides as follows:  
1. In order to combat fraud, corruption and other unlawful activities, Regulation (EC) No 
1073/1999 shall apply.  
2. The Agency shall accede to the Interinstitutional Agreement concerning internal 
investigations by the European Anti -Fraud Office (OLAF) and shall issue, without delay, the 
appropriate provisions applicable to all the employees of the Agency.  
3. The dec isions concerning funding and the implementing agreements and instruments 
resulting from them shall explicitly stipulate that the Court of Auditors and OLAF may carry 
out, if necessary, on -the-spot checks among the recipients of the Agencies' funding and t he 
agents responsible for allocating it.  
In accordance with this provision, the decision of the Management Board of the European 
Agency for the operational management of large -scale IT systems in the area of freedom, 
security and justice concerning the terms and conditions for internal investigat ions in relation 
to the prevention of fraud, corruption and any illegal activity detrimental to the Union's 
interests was adopted on 28 June 2012.  
DG GROW's fraud prevention and detection strategy will apply.  EN 114  EN 3. ESTIMATED  FINANC IAL  IMPACT  OF THE  PROPOSAL/INITIATIVE   
3.1. Heading(s) of the multiannual financial framework and expenditure budget 
line(s) affected  
Existing budget lines  
In order  of multiannual financial framework headings and budget lines.  
 
Heading of 
multiannual 
financial 
framework  Budget line  Type of  
expenditure  Contribution  
 
Heading 1  
Single Market, Innovation and 
Digital  Diff./Non -
diff.55 from 
EFTA 
countries
56 
 from 
candidate 
countries57 
 from third 
countries  within the 
meaning of 
Article  21(2)(b) of 
the Financial 
Regulation  
1 03.010101 - Support expenditure for the 
Single Market Programme  Non Diff.  YES  NO6 NO6 NO 
1 03.020101 - Operation and 
development of the internal market of 
goods and services  Diff. YES  NO58 NO6 NO 
                                                 
55 Diff. = Differentiated appropriations / No n-diff. = Non -differentiated appropriations.  
56 EFTA: European Free Trade Association.  
57 Candidate countries and, where applicable, potential candidates from the Western Balkans.  
58 Discussion ongoing on potential participation of Candidate and Third Countr ies to this budget line   
EN 115  EN 3.2. Estimated financial impact of the proposal on appropriations  
3.2.1.  Summary of estimated impact on operational appropriations  
 The proposal/initiative does not require the use of operational appropriations  
 The proposal/initiative requires the use of operational appropriations, as explained below:  
EUR million (to three decimal pl aces)  
Heading of multiannual financial  
framework  1 Single Market, Innovation and Digital  
 
DG: GROW    Year 
2024  Year 
2025  Year 
2026  Year 
2027  Post 
2027  TOTAL  
 Operational appropriations        
03.020101  Commitments  (1a) 0,860  0,860  0,860  0,860   3,440  
Payments  (2a) 0,258  0,688  0,860  0,860  0,774  5,160  
Appropriations of an administrative nature financed from the 
envelope of specific programmes59  
       
Budget line 03.010101   (3) 0 0 0 0 0 0 
TOTAL appropriations  
for DG GROW  Commitments  =1a+1b 
+3 0,860  0,860  0,860  0,860   3,440  
Payments  =2a+2b  
+3 0,258  0,688  0,860  0,860  0,774  3,440  
 
 
 TOTAL operational appropriations  Commitments  (4) 0,860  0,860  0,860  0,860   3,440  
                                                 
59 Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions ( former ‘BA’ lines), indirect research, direct research.   
EN 116  EN Payments  (5) 0,258  0,688  0,860  0,860  0,774  3,440  
 TOTAL appropriations of an administrative nature 
financed from the envelope for specific programmes  (6) 0 0 0 0 0 0 
TOTAL appropriations  
under HEADING 1  
of the multiannual financial framework  Commitments  =4+ 6  0,860  0,860  0,860  0,860   3,440  
Payments  =5+ 6  0,258  0,688  0,860  0,860  0,774  3,440  
 
   
EN 117  EN Heading of multiannual financial  
framework  7 ‘Administrative expenditure’  
This section should be filled in using the 'budget data of an administrative nature' to be firstly introduced in the Annex to the Legislative Financial 
Statement  (Annex V to the internal rules), which is uploaded to DECIDE for interservice c onsultation purposes.  
EUR million (to three decimal places)  
   Year  
2024  Year  
2025  Year  
2026  Year  
2027  Year  
2028  Year  
2029  Post 
2029  TOTAL  
DG: GROW  
□ Human resources  1,099    1,099  1,099   0,942   0,942   0,628    5,809   
□ Other administrative expenditure  0,170  0,170  0,170  0,170  0,170  0,170   1,020  
TOTAL DG GROW  Appropriations  1,269    1,269  1,269  1,112   1,112   0,798    6,829  
 
TOTAL appropriations  
under HEADING  7 
of the multiannual financial framework   (Total commitments = 
Total payments)  1,269    1,269  1,269   1,112   1,112   0,798    6,829   
EUR million (to three decimal places)  
   Year 
2024  Year 
2025  Year 
2026  Year 
2027  Year 
2028  Year 
2029  Post 
2029  TOTAL  
TOTAL appropriations  
under HEADINGS 1 to 7  
of the multiannual financial framework   Commitments  2,109  2,109  2,109  1,952  1,952  1,638   11,989  
Payments          
  
EN 118  EN 3.2.2.  Estimated output funded with operational appropriations  
The legislative proposal aims at improving the functioning of the single market of construction products, through addressing the technical 
harmonisation system, improving the enforcement and market surveillance, simplifying the provisions for SMEs and increasing t he legal 
clarity of the framework altogether. It also aims at improving the safety of construction products and contribut ing to reducing the overall 
climate and environmental impact of construction products.  
As such, the outputs of the initiative cannot be assimilated to products or services; no cost estimate for them can thus be p rovided.  
3.2.3.  Summary of estimated impact on administrative appropriations  
 The proposal/initiative does not require the use of appropriations of an administrative nature  
 The proposal/initiative requires the use of appropriations of an administrative nature, as explained below:  
 
 
EUR million (to three decimal places)  
 Year 
2024  Year 
2025  Year 
2026  Year 
2027  Year 
2028  Year 
2029  Post 
2029  TOTAL  
 
HEADING 7  
of the multiannual 
financial framework          
Human resources  1,099    1,099  1,099   0,942   0,942   0,628    5,809   
Other administrative 
expenditure  0,170  0,170  0,170  0,170  0,170  0,170   1,020  
Subtotal HEADING 7  
of the multiannual 
financial framework  1,269   1,269  1,269   1,112   1,112   0,798    6,829   
  
EN 119  EN Outside HEADING 760 
of the multiannual 
financial framework  
         
Human resources          
Other expenditure  
of an administrative 
nature  0 0 0 0 0 0   
Subtotal  
outside HEADING 7  
of the multiannual 
financial framework  0 0 0 0 0 0   
 
TOTAL  1,269   1,269  1,269   1,112   1,112   0,798    6,829   
The appropriations required  for human resources and other expenditure of an administrative nature will be met by appropriations from the DG that are alre ady assigned to management of the action 
and/or have been redeployed within the DG, together if necessary with any additional allo cation which may be granted to the managing DG under the annual allocation procedure and in the light of 
budgetary constraints.  
                                                 
60 Technical and/or administrative assistance and expenditure in support of the implementation of EU  programmes and/or actions (former ‘BA’ lines), indirect research, direct research.   
EN 120  EN Estimated requirements of human resources  
 The proposal/initia tive does not require the use of human resources.  
 The proposal/initiative requires the use of human resources, as explained 
below:  
Estimate to be expressed in full time equivalent units  
 Year 
2024  Year 
2025  Year 
2026  Year 
2027  Year 
2028  Year 
2029  Post 
2029  
 Establishment plan posts (officials and temporary staff)  
20 01 02 01  (Headquarters and Commission’s Representation 
Offices)  7 7 7 6 6 4  
20 01 02 03 (Delegations)         
01 01 01 01   (Indirect research)         
 01 01 01 11 (Direct research)         
Other budget lines (specify)         
 External staff (in Full Time Equivalent unit: FTE)61 
 
20 02 01  (AC, END, INT from the ‘global envelope’)         
20 02 03 (AC, AL, END, INT and JPD in the delegations)         
XX 01  xx yy zz   62 
 - at Headquarters  
        
- in Delegations         
01 01 01 02  (AC, END, INT - Indirect research)         
 01 01 01 12 (AC, END, INT - Direct research)         
Other budget lines (specify)         
TOTAL  7 7 7 6 6 4  
XX is the policy area or budget title concerned.  
The human resources required will be met by staff from the DG who are already assigned to management of the 
action and/or have been redeployed within the DG, together if necessary with any additional allocatio n which 
may be granted to the managing DG under the annual allocation procedure and in the light of budgetary 
constraints.  
Description of tasks to be carried out:  
Officials and temporary staff  o Leading on the CPR Acquis process, coordination with CEN and EOTA, liaison 
with HAS consultants and CPR consultants, developing the delegated acts on 
classes and thresholds and AVCP systems;   
o Ensuring that the 600 harmonised standards (and collateral legal acts) developed 
under the previous CPD and CPR will be revis ed and readopted by CEN and 
reassessed by the COM in view of eventual citation in the OJEU within five years;  
o Development and citation of new standards;  
o Processing of new EADs;  
o Defining additional product requirements and sustainability aspects of 
construc tion products to be covered in relevant standards under the proposal  will 
trigger additional workload of preparing the relevant Commission acts (sectoral 
unit with the support of the JRC) and will mean more complex standardisation 
requests and subsequently  standards will have to be developed and assessed;  
                                                 
61 AC= Contract Staff; AL = Local Staff; END= Seconded National Expert; INT = agency staff; 
JPD=  Junior Professionals in Delegations.  
62 Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ lines).   
EN 121  EN o Development of technical specifications by the Commission in case relevant 
harmonised standards are not delivered by the ESOs;  
o Setting -up and maintenance of the CPR database or system;  
o Processing of compla ints through non -compliance alert portal;  
o Coordination of Notified Bodies;  
o Analysing national provisions targeting non -compliant products;  
o Implementation of the EU safeguard procedure;  
o Adoption of delegated acts on minimum number of checks to be performed by the 
market surveillance authorities;  
o Drafting annual reports based on detailed statistical data covering checks 
performed by their market surveillance authorities;  
o Collection and development of interpretative rules;  
o Providing training to market surveill ance authorities, PCPCs, Notified Bodies and 
other relevant authorities;  
o Support to international cooperation (e xchange of information on enforcement, 
data of economic operators, standardisation activities, regulatory matters, 
assessment and testing method s); 
o Organise an exchange of information between Member States on incentives to 
promote sustainable products in procurement, publish the results of such 
exchanges and publish guidelines to promote widest uptake of such incentives;  
o Management of projects, te chnical secretariat, delegated regulation linked to the 
fire safety;  
o Preparation of briefings;  
o Overall coordination.  
External staff    
EN 1  EN 3.2.4.  Compatibility with the current multiannual financial  framework  
The proposal/initiative:  
can be fully financed through redeployment within the relevant heading of the Multiannual 
Financial Framework (MFF).  
Explain what reprogramming is required, specifying the budget lines concerned and the corresponding amounts.  
Please provide an excel table in the case of major reprogramming.  
 requires use of the unallocated margin under the relevant heading of the MFF and/or use of 
the special instruments as defined in the MFF Regulation.  
Explain what is required, spec ifying the headings and budget lines concerned, the corresponding amounts, and the 
instruments proposed to be used.  
 requires a revision of the MFF.  
Explain what is required, specifying the headings and budget lines concerned and the corresponding amounts . 
3.2.5.  Third -party contributions  
The proposal/initiative:  
does not provide for co -financing by third parties  
 provides for the co -financing by third parties estimated below:  
Appropriations in EUR million (to three decimal places)  
 Year 
N63 Year 
N+1 Year 
N+2 Year 
N+3 Enter as many years as necessary 
to show the duration of the 
impact (see point 1.6)  Total  
Specify the co -financing 
body           
TOTAL appropriations 
co-financed          
                                                 
63 Year N is the year in which im plementation of the proposal/initiative starts. Please replace "N" by the expected first 
year of implementation (for instance: 2021). The same for the following years.   
EN 2  EN 3.3. Estimated impact on revenue  
The proposal/initiative has  no financial impact on revenue.  
 The proposal/initiative has the following financial impact:  
 on own resources  
 on other revenue  
please indicate, if the revenue is assigned to expenditure lines   
     EUR million (to three decimal places)  
Budget revenue line:  Appropriations 
available for 
the current 
financial year  Impact of the proposal/initiative64 
Year 
N Year 
N+1 Year 
N+2 Year 
N+3 Enter as many years as necessary to show 
the duration of the impact (see point 1.6)  
Article ………….          
For assigned revenue, specify the budget expenditure line(s) affected.  
[…] 
Other remarks (e.g. method/formula used for calculating the impact on revenue or any other information).  
[…] 
 
  
                                                 
64 As regards traditional own resources (customs duties, sugar levies), the amounts indic ated must be net amounts, i.e. 
gross amounts after deduction of 20 % for collection costs.   
EN 3  EN ANNEX  
to the LEGISLATIVE FINANCIAL STATEMENT  
 
 
 
 
Name of the proposal/initiative:  
Proposal for a regulation of the European Parliament and of the Council laying down harmonised 
conditions for the marketing of construction products, amending Regulation (EU) 2019/1020 and 
repealing Regulation (EU) 305/2011  
 
 
 
This annex must accompany the legislative financial statement when the inter -services consultation is launched.  
The data tables are used as a source for the tables contained in the legislative financial statement. They are strictly 
for internal use within the Commission.  
 
  
EN 4  EN  
1. COST OF HUMAN RESOURC ES CONSIDERED NECESS ARY  
 The proposal/initiative does not require the use of human resources  
The proposal/initiative requires the use of human resources, as explained below:  
EUR million (to three decimal places)  
HEADING 7  
of the multiannual financial 
framework  Year 2024  Year 2025  Year 2026  Year 2027  Year 2028  Year 2029   TOTAL  
FTE Appropriations  FTE Appropriations  FTE Appropriations  FTE Appropriations  FTE Appropriations  FTE Appropriations  FTE Appropriations  FTE Appropriations  
 Establishment plan posts (officials and temporary staff)  
20 01 02 01 - 
Headquarters and 
Representation offices  AD  7 1,099  7 1,099  7 1,099  6 0,942  6 0,942  4 0,628      5,809  
AST                                 
20 01 02 03 - Union 
Delegations     AD                                 
AST                                 
 External staff 65 
20 02 01 and 20 02 02 
– External personnel – 
Headquarters and 
Representation offices  AC                                 
END                                  
INT                                 
20 02 03 – External 
personnel - Union 
Delegations  AC                                 
AL                                  
END                                  
INT                                 
JPD                                 
Other HR related 
budget lines  (specify )                                   
Subtotal HR – 
HEADING 7     7 1,099  7 1,099  7 1,099  6 0,942  6 0,942  4 0,628      5,809  
The human resources required will be met by staff from the DG who are already assigned to management of the action and/or hav e been redeployed within the DG, together if necessary with any additional 
allocation which may be granted to the managing DG  under the annual allocation procedure and in the light of budgetary constraints.  
 
                                                 
65 AC = Contract Staff; AL = Local Staff; END = Seconded National Expert; INT= agency staff; JPD= Junior Professionals in Delegations .  
EN 5  EN Outside HEADING  7 
of the multiannual financial 
framework  Year 2024  Year 2025  Year 2026  Year 2027  Year 2028  Year 2029   TOTAL  
FTE Appropriations  FTE Appropriations  FTE Appropriations  FTE Appropriations  FTE Appropriations  FTE Appropriations  FTE Appropriations  FTE Appropriations  
 Establishment plan posts (officials and temporary staff) 
01 01 01 01 Indirect 
Research66 
01 01 01 11 Direct Research  
Other (please specify)  AD                                 
AST                                 
 External staff 67 
External staff 
from 
operational 
appropriations 
(former ‘BA’ 
lines).  - at 
Headquarters  AC                                 
END                                  
INT                                 
- in Union 
delegations  AC                                 
AL                                  
END                                  
INT                                 
JPD                                 
01 01 01 02 Indirect Research  
01 01 01 12 Direct research  
Other (please specify)68 AC                                 
END                                  
INT                                 
Other budget lines HR related 
(specify )                                   
Subtotal HR – Outside 
HEADING 7                                    
Total HR (all MFF 
Headings)    7 1,099  7 1,099  7 1,099  6 0,942  6 0,942  4 0,628     5,809  
The human resources required will be met by staff from the DG who are already assigned to management of the action and/or hav e been redeployed within the DG, together if necessary with 
any additional allocation which may be granted to the managing DG un der the annual allocation procedure and in the light of budgetary constraints.  
                                                 
66 Please choose the relevant budget line , or specify another if necessary; in case more budget lines are concerned, staff should be differentiated by each budget lin e concerned  
67 AC = Contract Staff; AL = Local Staff; END = Seconded National Expert; INT= agency staff; JPD= Junior Profes sionals in Delegations . 
68 Please choose the relevant budget line , or specify another if necessary; in case more budget lines are concerned, staff should be differentiated by each budget lin e concerned   
EN 6  EN 2. COST OF OTHER ADMINIS TRATIVE EXPENDITURE  
 The proposal/initiative does not require the use of administrative appropriations  
The proposal/initiative requires the use of administrative appropriations, as explained below:  
 
EUR million (to three decimal places)  
HEADING 7  
of the multiannual financial framework  Year 2024  Year 2025  Year 2026  Year 2027  Year 2028  Year 2029   TOTAL  
At headquarters or within EU territory:                  
20 02 06 01 - Mission and representation expenses                  
20 02 06 02 - Conference and meeting costs   0,170  0,170  0,170  0,170  0,170  0,170    1,020  
20 02 06 03 - Committees69                 
20 02 06 04 Studies and consultations                  
20 04 – IT expenditure (corporate)70                  
Other budget lines non -HR related ( specify where 
necessary )                 
In Union delegations                  
20 02 07 01 - Missions, conferences and representation 
expenses                  
20 02 07 02 - Further training of staff                  
20 03 05 – Infrastructure and logistics                  
Other budget lines non -HR related ( specify where 
necessary )                 
Subtotal Other - HEADING 7  
of the multiannual financial framework   0,170  0,170  0,170  0,170  0,170  0,170    1,020  
 
The administrative appropriations required will be met by the appropriations which are already assigned to management of the action and/or which have been redeployed, together if 
necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in  the light of existing budgetary constraints.  
                                                 
69 Specify the type of committee and the group to which it belongs.  
70 The opinion of DG DIGIT – IT Investments Team is required (see the Guidelines on Financing of IT, C(2020)6126 final of 10.9.2020, page 7)   
EN 7  EN  
 
EUR million (to three decimal  places)  
Outside HEADING  7  
of the multiannual financial framework  Year N71 Year N+1  Year N+2  Year N+3  Year N+4  Year N+5  Year N+7  Total  
Expenditure on technical and administrative assistance 
(not including  external staff) from operational 
appropriations (former 'BA' lines):                  
- at Headquarters                  
- in Union delegations                  
Other management expenditure for research                  
Policy IT expenditure on operational programmes72          
Corporate IT expenditure on operational programmes73         
Other budget lines non -HR related ( specify where 
necessary )                 
Sub-total Other – Outside HEADING 7  
of the multiannual financial framework                  
Total Other admin expenditure (all 
MFFHeadings)          
 
  
                                                 
71 Year N is the year in which implementation of the proposal/initiative starts. Please replace "N" by the expected first year of implementation (for instance: 2021) . The same for 
the following years  
72 The opinion of DG DIGIT – IT Investments Team is required (see the Guidelines on Financing of IT, C(2020)6126 final of 10.9.2020, page 7)  
73 This item include s local administrative systems and contributions to the co -financing of corporate IT systems (see the Guidelines on Financing of IT, C(2020)6126 final of 
10.9.2020)   
EN 8  EN  
3. TOTAL ADMINISTRATIVE COSTS (ALL HEADINGS MFF)  
 
EUR million (to three decimal places)  
Summary  Year 2024  Year 2025  Year 2026  Year 2027  Year 2028  Year 2029  Total  
Heading 7 - Human Resources  1,099    1,099  1,099   0,942   0,942   0,628   5,809   
Heading 7 – Other administrative expenditure   0,170  0,170  0,170  0,170  0,170  0,170   1,020  
Sub-total Heading 7  1,269    1,269  1,269   1,112   1,112   0,798   6,829   
Outside Heading 7 – Human Resources                
Outside Heading 7 – Other administrative expenditure                
Sub-total Other Headings                
1. TOTAL  
2. HEADING 7 and Outside HEADING 7  1,269    1,269  1,269   1,112   1,112   0,798   6,829   
 
The administrative appropriations required will be met by the appropriations which are already assigned to management of the action and/or which have been redeployed, t ogether if 
necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure a nd in the light of existing budgetary constraints.  
  
EN 9  EN 4. METHODS OF CALCULATIO N USED TO ESTIMATE C OSTS  
4.1.  Human resources  
 
 
This part sets out the method of calculation used to estimate the human resources considered necessary  
(workload assumptions, including specific jobs (Sysper 2 work profiles), staff categories and the corresponding 
average costs)  
 
HEADING 7  of the multiannual financial framework  
NB: The average costs for each category of staff at Headquarters are availabl e on BudgWeb:  
https://myintracomm.ec.europa.eu/budgweb/EN/pre/legalbasis/Pages/pre -040-020_preparation.aspx  
 Officials and temporary staff  
 With the revision, the scope of the CPR will be extended, both in terms of products covered and in terms 
of requirements (e.g. environmental/sustainability and safety requirements). There will be more 
harmonised standards (hENs) which will be more complex.  Therefore, for hENs the assessment will 
imply the same resources needed as the European assessment documents (EADs) now, i.e. 2.5 
working days (WDs) per hEN.  
 Considering the need to revise approximately 600 hENs within the 5 years following the entry into force, 
it can be assumed  that every year 120 standards  have  to be assessed, x2.5 WDs per 1 assessment, 
make 300 WDs;  
 In parallel, the CPR Acquis and the development of new St andardisation Requests (SReq s) or 
Implementing Acts (IA) will be ongoing. The Acquis requires 1 FTE, so it makes 220 WDs;  
 Considering 5 legal acts per year (new SReqs , DAs  or IAs) and approx. 30 WDs development time per 
act, it makes 150 WDs (including the  support of a lawyer going much more beyond the usual 0.2 FTE).  
 EOTA route (EADs) will be limited to products not covered at all by hENs. There are no new 
requirements introduced for the EADs, thus the same assessment time as currently (2.5 WDs)  can be 
assumed  for a maximum of 30 EADs per year. This makes 75 WDs.  
 The new CPR sets out a series of additional provisions that will engage technical staff at 0.5 FTE, so 
approx. 110 WDs;  
 
300+220+150+75+110= 855 WDs; that considering the previously estimation of r esources where 0.66 
FTE engineer is spent on technical harmonisation 855/(220*0.666)= 5 FTE engineers (rounded down 
due to possible redeployment of tasks within the current team).  
 
Regarding legal and administrative support, considering the 0.2 FTE engagement on every activity of an 
engineer and approx. 1 FTE lawyer following the 5 legal acts per year, we need a minimum of 1 FTE 
lawyers + 1 AST to coordinate all the procedures.  
 
Hence a total of 7 FTEs.  
 
 External staff  
 
 
Outside HEADING 7  of the multiannual financial framework  
 Only posts financed from the research budget   
 
 External staff  
 
  
EN 10  EN 4.2. Other administrative expenditure  
 
Give details of the method of calculation used for each budget line  
and in particular the underlying assumptions (e.g. number of meetings per year, average costs, etc.)  
HEADING 7  of the multiannual financial framework  
 
The number of meetings after the entry into force of the proposal  should reflect the pre -Covid situation under the 
CPR, i.e.:  
- Advisory Group on the CPR: 2 meetings per year (on average 54 participants, average cost of EUR 450 
per participant), approx. EUR 48 600  
- Standing Committee on Construction: 2 meetings per year (on average 54 participants, average cost of 
EUR 450 per participant) approx. EUR 48 600  
- CPR Acquis Steering Group: 3 meetings per year (on average 54 participants, average cost of EUR 
450 ) approx. EUR 73 000  
TOTAL: EUR 170 000  
 
 
Outside HEADING 7  of the multiannual financial framework