From Ministry of Environment and Urbani sation :  
 
DRAFT BY-LAW ON CONSTRUCTION PRODUCTS (2011/305/EU)  
 
CHAPTER I  
Subject, Scope, Legal Basi s And Definitions  
 
Subject  
ARTICLE  1- The objective of this by -law is to lay down conditions for the placing or making  available on the market of 
construction products by means of establishing rules on performance  declarations  of construction products in relation to their 
essential characteristics and on the use of CE marking on those products.  
Scope  
ARTICLE  2- This by -law covers the rules applicable to construction products within the framework of essential 
requirements for construction works set out in Annex I, declaration of performance and CE marking, obligations of economic 
operators, the rules applicable to harmonise d technical specifications, designation, monitoring and evaluation of T echnical 
Assessment Bodies, legislative rules for notifying authorities and notified bodies, and procedures for market surveillance activities.  
Legal Basis  
ARTİCLE  3- This by -law has been prepared based on the provisions of Article 2 paragraph one and sub -paragraph “f”, 
Article 12 paragraph one and sub -paragraphs “m” and “n” and Article 33 of Decree Law No: 644 on the Establishment and 
Functions of Ministry o f Environment and Urbanisation dated 4/7/2011 and the Law No 4703 relating to the Preparation and 
Implementation of the Technical Legislation on the Products dated 11/7/2001 and in accordance with EU Regulation No 305/2011 
on Construction Products.  
Definit ions 
ARTICLE 4 – (1) For the purposes of this By -Law;  
a) Accreditation shall mean a formal attestation by a national accreditation body that a conformity assessment body meets 
the requirements set by national or international standards and, where applicabl e, any additional requirements including those set 
out in relevant sectoral schemes, to carry out a specific conformity assessment activity;  
b) European Assessment Document shall mean a document adopted by the organisation of European Technical Assessment 
Bodie s for the purposes of issuing European Technical Assessments;  
c) European Technical Assessment shall mean the documented assessment of the performance of a construction product, in 
relation to its essential characteristics, in accordance with the resp ective European Assessment Document,  
ç) Ministry shall mean the Ministry of Environment and Urbani sation  
d) Distributor shall means any natural or legal person in the supply chain, other than the manufacturer or the importer, who  
makes a construction produ ct available on the market;  
e) Economic operator shall mean the manufacturer, importer, distributor or authorised representative;  
f) Threshold level shall mean a minimum or maximum performance level of an essential characteristic of a construction 
product;  
g) Co -existence period shall mean the period started from the date of affixing the CE mark on product is possible, up to date 
of affixing CE mark is mandatory while the product is being placed on the market by the the manufacturer in accordance with t he 
relevant harmonised standard;   
ğ) Factory production control’shall mean the permanent and internal control of production in a factory, in accordance with 
the relevant harmonised technical specifications;  
h) recall’ shall mean any measure aimed at achieving the return of a product that h as already been made available to the end 
user;  
 
ı) Manufacturer means any natural or legal person who manufactures a construction product or who make such a product 
designed or manufactured, or markets that product under his name or trademark;  
i) Importer  shall mean any natural or legal person established in Turkey, who places a construction product from a country 
other than Turkey on internal market;  
j) Commission shall mean European Commission;  
k) Intended use shall mean the intended use of the construct ion product as defined in the applicable harmonised technical 
specification;  
l) Micro -enterprise shall mean a micro -enterprise as defined in By -Law on Definition, Qualification and Classification of 
Micro, Small, and Medium -Sized Enterprises published in t he Official Gazette dated 18/11/2005 and numbered 25997 based on 
Cabinet Decision dated 19/10/2005 and numbered 2005/9617 and defined as an enterprise which employs fewer than 10 persons 
and whose annual turnover and/or annual balance sheet total does not exceed 1 million Turkish Lira.  
m) Notified Body shall mean a conformity assessment body established in Turkey and designated by the Ministry to carry 
out third -party tasks in the process of assessment and verification of constancy of performance under the principles of this By -
Law and other related legislation and of which the name is submitted to the Commission.  
n) Specific Technical Documentation shall mean documentation demonstrating that methods within the applicable system 
for assessment and verificati on of constancy of performance have been replaced by other methods, provided that the results 
obtained by those other methods are equivalent to the results obtained by the test methods of the corresponding harmonised 
standard;  
o) Placing on the market shal l mean making available of a construction product on the market for the first time;  
ö) Making available on the market shall mean any supply of a construction product for distribution or use on the market in 
the course of a commercial activity, whether in r eturn for payment or free of charge;  
p) Level shall mean the result of the assessment of the performance of a construction product in relation to its essential 
characteristics, expressed as a numerical value;  
r) Class shall mean a range of levels, delimite d by a minimum and a maximum value, of performance of a construction 
product;   
s) Kit shall mean a construction product placed on the market by a single manufacturer as a set of at least two separate 
components that need to be put together to be incorporat ed in the construction works;   
ş) Technical assessment body shall mean a body that carries out documented assessment of the performance of a 
construction product, in relation to its essential characteristics, in accordance with the respective European Assessment 
Document , in the area de legated  
t) Essential characteristics shall mean the characteristics of the construction product which relate to the basic requirements 
for construction works;  u) Type calculation shall mean the calculations made for the attestation of conformity of design of a product or product 
family with the relevant harmonised technical specification  
ü) Type te sting shall mean the tests  performed on samples represent a product or a product family for the attestation  of 
conformity of design  criterias  and performance values of that product or product family , with the relevant harmonised technical 
specification  
v) Withdrawal shall mean any measure aimed at preventing a construction product in the supply chain from being made 
available on the market;  
y) Harmonised standard shall mean a standard prepared by one of the European standardisation bodies upon a request 
issued by the Commission and of which the references are published in the Official Journal of the European Communities,  
z) Harmonised technical specifications shall  mean harmonised standards, harmonised national standards and European 
Assessment Documents;  
aa) Harmonised national standard shall mean a harmonised standard adopted by Turkish Standardisation Institution  as a 
turkish standard,  
bb) Product -type shall mean  the set of representative performance levels or classes of a construction product, in relation to 
its essential characteristics, produced using a given combination of raw materials or other elements in a specific production  
process;  
cc) Construction shall  mean the construction of immobile and mobile facilities, built either land -based or aquatic, 
permanent or temporary, public or private, under or above the ground and their additions, modifications and restorations;  
çç)Standing Committee on Construction sh all mean the committe made up of representatives appointed by the European 
Union Member States, that examines the disputes arisen related with the implementation and the practical application of 
Regulation(EU) No 305/2011 mentioned in Article 3;  
dd) Constr uction works shall mean all construction works including both buildings and other civil engineering works;  
ee) YAMTEK shall mean the committee established by the Ministry to support proper implementation and practical 
application of this By -Law,   
ff) Const ruction product shall mean any product or kit which is produced and placed on the market for incorporation in a 
permanent manner in construction works or parts thereof and the performance of which has an effect on the performance of the 
construction works with respect to the basic requirements for construction works;  
gg) Performance of a construction product shall mean the performance related to the relevant essential characteristics, 
expressed by level or class, or in a description;  
ğğ) Life cycle shall me an the stages of a construction product’s acquisition or production  from raw or waste material to 
final disposal;   
hh) Authority responsible of construction shall mean any natural or legal person responsible for the building to be 
constructed safely accord ing to the legislation.  
ıı) Authorised representative shall mean any natural or legal person established in Turkey who has received a written 
mandate from a manufacturer to act on his behalf in relation to specified tasks.  
Essential requirements for construction works and essenti al characteristics of construction products  
ARTICLE 5 - (1) Construction Works shall be convinient with the essential  requirements set out in Annex I.  
(2) The essential characteristics of construction products shall be laid down in harmonised technical spec ifications in 
relation to the basic requirements for construction works.   (3) For specific families of construction products covered by a harmonised standard, if the essential characteristics for 
which the manufacturer shall declare the performance when th e product is placed on the market and their related threshold levels 
are determined by the Commission, the Ministry shall announce it accordingly.  
 
CHAPTER II  
Declarati on of Performance and CE Markıng  
Declaration of performance  
ARTICLE 6 - (1) When a constr uction product is covered by a harmonised standard or for which a European Technical 
Assessment has been issued, the manufacturer shall draw up a declaration of performance when such a product is placed on the 
market.  
(2) When a construction product is co vered by a harmonised standard or for which a European Technical Assessment 
has been issued, except the derogations from drawing up a declaration of performance in accordance with Article 7, informatio n 
about its performance in relation to the essential ch aracteristics  as defined in the applicable harmonised technical specification, 
shall be included and specified in the declaration of performance.  
(3) By drawing up the declaration of performance, the manufacturer shall take the responsibility for the conf ormity of 
the construction product with the declared performance. If there isn’t any objective information and documents indicating the  
contrary, the declaration of performance drawn up by the manufacturer is presumed to be accurate and reliable.  
Derogatio ns from drawing up a declaration of performance  
ARTICLE 7 - (1) In case the absence of legislation requiring the declaration of essential characteristics in relation to the 
intended use of the construction products, a manufacturer may refrain from drawing u p a declaration of performance when placing 
a construction product covered by a harmonised standard on the market for cases (a), (b) and (c) stated in this article:  
a)In case the construction product is manufactured individually or custom -made in a non -series process in response to a 
specific order and installed to a specific construction work by the manufacturer responsible of safe installation of the prod uct and 
under the responsibility by authorities responsible of construction in accordance with the leg islation in force.  
b) In case the construction product is manufactured on the construction site to be incorporated  in respective 
construction work under the responsibility by authorities responsible of construction in accordance with the legislation in f orce.  
c) In case the construction product is considered under the  Law of Protection of Cultural and Natural Heritage published 
in the Official Gaz ette dated 21/7/1983 and numbered 2863 and is manufactured in accordance with mentioned Law in a non -
industrial process for renovating construction works officially protected as part of a designated environment or because of t heir 
special architectural or historic merit by respecting the protection of cultural heritage.  
Content of the declaration of performance  
ARTICLE 8 - (1) The declaration of performance shall express the performance of construction products in relation to 
the essential characteristics of  those products in accordance with the relevant harmonised technical specifications.  
(2) The declaration of performance shall contain, the following information:  
a) the product -type for which the declaration of performance has been drawn up;  
b) the syste m or systems of assessment and verification of constancy of performance of the construction product, as set 
out in Annex V;  
c) the reference number and date of issue of the harmonised standard or the European Technical Assessment which has 
been used for t he assessment of each essential characteristic;  ç) if exists, the reference number of the Specific Technical Documentation used and the requirements proving that the 
manufacturer complies with the requirements in this document;  
d) the intended use or uses  for the construction product, in accordance with the applicable harmonised technical 
specification;  
e) the list of essential characteristics, as determined in the harmonised technical specification for the declared intended 
use or uses of construction pr oduct;  
f) at least one of the performance of the essential characteristics of the construction product, relevant for the declared 
intended use or uses;   
g) the performance by levels or classes, or in a description, in case the performance of the construct ion product in 
relation to its essential characteristics determined in accordance with Article 5(3) needs to be determined based on a  calcu lation;  
ğ) the performance of the essential characteristics of the construction product related to the intended use or uses, taking 
into consideration the provisions regarding the intended use or uses where the manufacturer intends to make the product avail able 
on the market;  
h) for the listed essential characteristics for which no performance is declared, the letters ‘NPD’ (No Performance 
Determined);  
ı) the performance of the construction product in relation to all essential characteristics contained in the corresponding 
European Technical Assessment by levels or classes, or in a description, when a European Technical Assessment has been issued  
for the  product.  
(3) The declaration of performance shall be drawn up according to the model set out in Annex III.  
(4) In accordance with the By -Law on Drawing Up and Distribution of Safety Information Forms Related With the 
Dangerous Substances and Preparations  published in the Official Gazette dated 26/12/2008 and numbered 27092 and depending 
on the case in accordance with the By -Law on Labeling, Packaging and Classification of Dangerous Substances and Preparations 
published in the same Official Gazette, inform ation requested from manufacturer, importer or distributor during the period of 
supply - chain shall be also accompanied with the declaration of performance.   
Supply of the declaration of performance  
ARTICLE 9 - (1) A copy of the declaration of performance of each product made available on the market shall be 
provided either in paper form or electronically. However, in case a batch of the same product is supplied to a single user, a  single 
copy of the declaration of performance either in paper form or by ele ctronic means may accompany that batch of the same 
product . 
(2) A paper copy of the declaration of performance shall be provided if the recipient  requests it.  
(3) The rules and conditions related with making the copy of the declaration of performance avai lable electronically 
shall be announced by the Ministry.  
(4) The declaration of performance shall be provided in Turkish.  
General principles and use of CE marking  
ARTICLE 10 - (1) The provisions of the By -Law on CE Marking published in the Official Gazette dated 23/2/2012 and 
numbered 28213 shall apply to construction products as well.  
(2) The CE marking shall be affixed by the manufacturer to the construction products for which the declaration of 
performance has been drawn up in accordance with Articles 6 a nd 8, if a declaration of performance has not been drawn up by the 
manufacturer, the CE marking shall not be affixed. By affixing the CE marking, manufacturer shall take the responsibility 
indicating that construction product conforms to the declared perfo rmance as well as to all requirements laid down in this By -Law and in other relevant legislation. The rules and procedures for affixing the CE marking in other relevant legislation shall a pply 
without prejudice to this paragraph.  
(3) The CE marking is the only marking which attests conformity of the construction product covered by a harmonised 
standard, or for which a European Technical Assessment has been issued, with the declared performance in relation to the 
essential characteristics covered by that har monised standard or by the European Technical Assessment. In order to attest 
conformity with the declared performance in relation to the essential characteristics covered by a harmonised standard, provi sions 
requesting any other marking other than CE marki ng or any other provision withdrawing the necessity of CE marking shall not be 
introduced by means of the legislation other than this By -Law.  
(4) Provided that there is no conflict with the legislation, making available on the market or the use of a constr uction 
product bearing the CE marking shall not be impeded or prohibited as long as the declared performances for the intended use o f 
that construction product satisfy the requirements  
 (5) Provided that there is no conflict with the legislation if  the de clared performances of a construction product satisfy 
the requirements in relation to its intended use  and, the use of that construction product bearing the CE marking shall not be 
impeded by rules or conditions imposed by public bodies or private bodies a cting as a public undertaking, or monopolized bodies 
or bodies authorized by a public mandate.  
  (6) The methods related with the requirements for construction works and rules in relation to the essential characteristics 
of construction products, shall be  in accordance with harmonised standards.  
The affixing of CE marking  
ARTICLE 11 - (1) The CE marking shall be affixed visibly, legibly and indelibly to the construction product or to a 
label attached to it. Where this is not possible because of the nature of the product, it shall be affixed to the packaging or to the 
accompanying documents.  
(2) The CE marking shall include the information concerning the last two digits of the year in which it was first affixed, 
the name and the registered address of the ma nufacturer, or the identifying mark allowing easy identification of the name and 
address of the manufacturer and the unique identification code of the product -type not leading any ambiguity, the reference 
number of the declaration of performance, the level  or class of the performance declared, the reference to the harmonised 
technical specification, if applicable the identification number of the notified body and the intended use as laid down in th e 
harmonised technical specification applied.  
(3) The CE ma rking shall be affixed before the construction product is placed on the market. It may be accompanied by 
a pictogram or any other mark indicating a special risk or use.  
Product contact p oint 
ARTICLE 12 - (1) For the purposes of this By -Law, product contact point is the Ministry.   
(2) The Ministry shall provide clearly and transparently necessary information related with the provisions aimed at 
fulfilling basic requirements for construction works applicable for their intended use as set out in Article 8(ğ) a nd shall announce 
electronically.  
Technical Committee for construction products  
ARTICLE 13 - (1) In order to support proper implementation and practical application of this By -Law, a committee 
shall be established by the Ministry.  Working procedures and pri nciples of this committee shall be prepared by Ministry with a 
sub regulatory act.  
 
 
  
CHAPTER III  
Obligations Of Economıc Operator  
Obligations of manufacturers  
ARTICLE 14 - (1) Manufacturers shall draw up a declaration of performance in accordance with Art icles 6 and 8, and 
affix the CE marking in accordance with Articles 10 and 11. Manufacturers shall, as the basis for the declaration of performa nce, 
draw up technical documentation describing all the relevant elements related to the required system of asse ssment and verification 
of constancy of performance.  
(2) Manufacturers shall keep the technical documentation and the declaration of performance for a period of 10 years 
after the construction product has been placed on the market. Ministry shall announce all amendments related with this time 
period made by Commission by means of sub regulatory acts.  
(3) Manufacturers shall ensure the procedures that do not change the declared performance during series production. 
Changes in the product -type and in the appl icable harmonised technical specifications shall be adequately taken into account. 
Manufacturers shall, where deemed appropriate in order to ensure the accuracy, reliability and stability of the declared 
performance of a construction product, carry out sam ple testing of construction products placed or made available on the market, 
investigate, and, if necessary, keep a register of complaints, of non -conforming products and of product recalls, and keep 
distributors informed of any such monitoring.  
(4) Manufa cturers shall ensure that their construction products bear a type, batch or serial number or any other element 
allowing their identification. In case the size or nature of the product does not allow to do so, manufacturers shall ensure that the 
required in formation is provided on the packaging or in a document accompanying the construction product.  
(5) Manufacturers shall indicate on the construction product or, where that is not possible, on its packaging or in a 
document accompanying it, their name, regis tered trade name or registered trade mark and their contact address. The address shall 
indicate a single point at which the manufacturer can be contacted.  
(6) When making a construction product available on the market, manufacturers shall ensure that the p roduct is 
accompanied by instructions and safety information in Turkish.  
(7) Where a manufacturer considers or has reason to believe that a construction product which they have placed on the 
market is not in conformity with the declaration of performance o r not in compliance with other applicable requirements in this 
By-Law, the manufacturer shall immediately take the necessary corrective measures to bring that construction product into 
conformity, or, if appropriate, to withdraw or recall it. In addition, where the product presents a risk, manufacturers shall 
immediately inform the Ministry concerning the non -compliance and any corrective measures taken in detail. The Ministry shall 
forward  that information  to the Commission.  
(8) Based on a reasoned reques t from the Ministry, manufacturers shall provide it all the information and documentation 
necessary to demonstrate the conformity of the construction product with the declaration of performance and compliance with 
other applicable requirements in this By -Law, in Turkish and shall cooperate with the Ministry, on any action taken to eliminate 
the risks posed by construction products.  
Authorised representatives  
ARTICLE 15 - (1) A manufacturer may appoint an authorised representative by authorization certificat e. The drawing 
up of technical documentation shall not take place in authorization certificate.  
(2) An authorised representative shall perform the tasks specified in the authorization certificate.  The authorization 
certificate shall allow the authorised r epresentative to carry out at least the following tasks:  a) keep the copy of the declaration of performance and the technical documentation  to be forwarded  to the Ministry  
within the market surveillance activities for the period referred to in Article 14 (2) ; 
b) provide all the information and documentation necessary to demonstrate the conformity of the construction product 
with the declaration of performance and compliance with other applicable requirements in this By -Law based on a reasoned 
request from  the Ministry;  
c) based on a reasoned request from the Ministry, manage cooperatively all related activities to eliminate the risks posed 
by construction products covered by authorization certificate with the Ministry.  
Obligations of importers  
ARTICLE 16 - (1) Importers shall place only construction products which are compliant with the applicable 
requirements of this By -Law on the market.  
(2) Before placing a construction product on the market, importers shall ensure that the assessment and the verificati on 
of constancy of performance has been carried out by the manufacturer. Importers shall ensure that the manufacturer has drawn up 
the technical documentation referred to Article 14(1) and the declaration of performance in accordance with Articles 6 and 8.  
Where required, importers shall also ensure that the product bears the CE marking, that the product is accompanied by the 
required documents and that the manufacturer has complied with the requirements set out in Article 14(4) and (5).  
Where an importer considers or has reason to believe that the construction product is not in conformity with the 
declaration of performance or not in compliance with other applicable requirements in this By -Law, the importer shall not place 
the construction product on the m arket until it conforms to the accompanying declaration of performance and it complies with the 
other applicable requirements in this By -Law or until the declaration of performance is corrected. Furthermore, where the 
construction product presents a risk, the importer shall inform the manufacturer and the Ministry  thereof.  
(3) Importers shall indicate on the construction product or, where that is not possible, on its packaging or in a document 
accompanying the product their name, registered trade name or re gistered trade mark and their contact address.  
(4) When making a construction product available on the market, Importers shall ensure that the product is accompanied 
by instructions and safety information in Turkish.  
(5) Importers, while a construction pro duct is under their responsibility, shall ensure that storage or transport conditions 
do not jeopardise its conformity with the declaration of performance and compliance with other applicable requirements in thi s 
By-Law.  
(6) Importers shall, when deemed ap propriate in order to ensure the accuracy, reliability and stability of the declared 
performance of a construction product, carry out sample testing of construction products placed or made available on the mark et, 
investigate, and, if necessary, keep a reg ister of complaints, of non -conforming products and of product recalls, and shall keep 
distributors informed of any such corrective activities.  
(7) Where an importer considers or has reason to believe that a construction product which they have placed on t he 
market is not in conformity with the declaration of performance or not in compliance with other applicable requirements in th is 
By-Law, the importer shall immediately take the necessary corrective measures to bring that construction product into conform ity, 
or, where appropriate, to withdraw or recall it. In addition, where the product presents a risk, importers shall immediately inform 
the Ministry concerning the non -compliance and any corrective measures taken in detail. The Ministry shall forward that 
information to the Commission.  
(8) Importers shall keep the declaration of performance and the technical documentation for the period referred to in 
Article 14(2)  and submit to the Ministry when  request ed. 
(9) Based on a reasoned request from the Ministr y, importers shall provide it all the information and documentation 
necessary to demonstrate the conformity of the construction product with the declaration of performance and compliance with 
other applicable requirements in this By -Law, in Turkish and sha ll cooperate with the Ministry, on any action taken to eliminate 
the risks posed by construction products.   
 
Obligations of distributors  
ARTICLE 17 - (1) When making a construction product available on the market, distr ibutors shall act in compliance 
with t he requirements of this By -Law.  
(2) Before making a construction product available on the market distributors shall ensure that the product, where 
required, bears the CE marking and is accompanied by the documents required under this By -Law and is accompan ied by 
instructions and safety information in Turkish. Distributors shall also ensure that the manufacturer and the importer have 
complied with the requirements set out in Article 14(4) and (5) and Article 16(3) respectively. Where a distributor considers  or 
has reason to believe that a construction product is not in conformity with the declaration of performance or not in complian ce 
with other applicable requirements in this By -Law, the distributor shall not make the product available on the market until i t 
conforms to the accompanying declaration of performance and it complies with the other applicable requirements in this By -Law 
or until the declaration of performance is corrected. Furthermore, where the product presents a risk, the distributor shall i nform 
the manufacturer and the  Ministry  thereof.  
(3) Distributors, while a construction product is under their responsibility, shall ensure that storage or transport 
conditions do not jeopardise its conformity with the declaration of performance and complianc e with other applicable 
requirements in this By -Law.  
(4) Where a distributor considers or has reason to believe that a construction product is not in conformity with the 
declaration of performance or not in compliance with other applicable requirements in this By -Law, the distributor shall 
immediately take the necessary corrective measures to bring that construction product into conformity, or to withdraw or reca ll it. 
In addition, where the product presents a risk, distributors shall immediately inform the  Ministry concerning the non -compliance 
and detailed information about any corrective measures  if taken . The Ministry shall forward that information to the Commission.  
(5) Based on a reasoned request from the Ministry, distributors shall provide it all th e information and documentation 
necessary to demonstrate the conformity of the construction product with the declaration of performance and compliance with 
other applicable requirements in this By -Law, in Turkish and shall cooperate with the Ministry, on a ny action taken to eliminate 
the risks posed by construction products.  
Cases in which obligations of manufacturers apply to importers and distributors  
ARTICLE 18 - (1)In case an importer or distributor places a product on the market under his name or tradem ark or 
modifies a construction product already placed on the market in such a way that conformity with the declaration of performanc e 
may be affected, he shall be considered a manufacturer for the purposes of this By -Law and shall be subject to the obligat ions of a 
manufacturer pursuant to Article 14.  
Identification of economic operators  
ARTICLE 19 - (1) For the period referred to in Article 14(2) economic operators, upon request, shall present any 
information about identification of any economic operator wh o has supplied them with a product and any economic operator to 
whom they have supplied a product to the Ministry . 
 
CHAPTER IV  
Harmonised Technical Specifications  
Harmonised standards  ARTICLE 20 - (1) Harmonised standards shall include the methods and the c riteria for assessing the performance of the 
construction products in relation to their essential characteristics and refer to an intended use of products to be covered b y them.  
(2) The harmonised standard shall include technical details necessary for the implementation of the system of 
assessment and verification of constancy of performance and the applicable factory production control, which shall take into 
account the specific conditions of the manufacturing process of the construction product concerned.  
(3) References of harmonised standards published in the Official Journal of the European Union and harmonised 
national standards shall be published and updated by the Ministry in the Official Gazzette as a sub regulatory act with their  date of 
enforcement , date of the beginning and end of the coexistence period, in the list.  
(4) For the declaration of performance of a construction product and affixing CE mark on it, it shall be possible to use 
relevant harmonised standard from the date of the beginning of the coexistence period but it shall be mandatory to use the relevant 
harmonised standard from the date of the end of the coexistence period. Without prejudice to Articles 33, 34 and 35, from the  date 
of the end of the coexistence period, the harmonised sta ndard and the harmonised national standard shall only be used for drawing 
up a declaration of performance for a construction product.  
Formal objection against harmonised standards  
Article 21 - (1) The Ministry considers that a harmonised standard referred i n Article 20, does not entirely satisfy the 
requirements set out in the mandate  published by the Commission , it shall communicate the Commission, to be applied the 
necessary procedure.  
European Assessment Document  
ARTICLE 22 - (1) Following a request for a European Technical Assessment by a manufacturer, because of a 
construction product,  
a) does not covered by a harmonised standard  
b) for which its at least one essential characteristic, the assessment method provided for in the harmonised standard is 
not ap propriate  
c) for which its at least one essential characteristic, the assessment method in the harmonised standard is to be absent  
An European Assessment Document shall be drawn up and adopted by the Organisation of European Technical 
Assessment Bodies des cribed in Article 32, for any construction product not covered or not fully covered by a harmonised 
standard, for which the performance in relation to its essential characteristics cannot be entirely assessed according to an existing 
harmonised standard  
(2) The procedure for adopting the European Assessment Document shall be in conformity with Article 23 and Article 
24 and Annex II.  
(3) Supplementary procedural rules established by the Commission for the development and adoption of a European 
Assessment Doc ument, shall be transmitted to the By -Law by the Ministry by amending  the Annex II.  
Principles for the development and adoption of European Assessment Documents  
ARTICLE 23 - (1) The procedure for developing and adopting European Assessment Documents shall : 
a) be transparent to the manufacturer concerned,  
b) define appropriate mandatory time limits in order to avoid unjustified delay,  
c) take appropriately into account the protection of commercial secrecy and confidentiality,  
ç) be cost -effective for the m anufacturer,  d) ensure sufficient collegiality and coordination amongst Technical Assessment Bodies designated for the product in 
question.  
(2) Technical Assessment Bodies  shall, together with the Organisation of European Technical Assessment Bodies bear  
the full costs of the development and adoption of European Assessment Documents.  
Obligations of the Technical Assessment Bodiy  receiving a request for a n European Technical Assessment  
ARTICLE 24 - (1) The Technical Assessment Bodiy receiving a request for  a European Technical Assessment shall 
inform the manufacturer as regards the followings;  
a) If the product is fully covered by a harmonised standard, a European Technical Assessment cannot be issued in 
accordance with Article 22 (1),  
b) If the product is fully covered by a European Assessment Document, this document will be used as the basis for the 
European Technical Assessment to be issued  
c) If the product is not covered, or not fully covered, by any harmonised technical specification, the procedures se t out 
in Annex II or those established in accordance with Article 22 (3) shall be applied.  
(2) In the cases referred to in points (b) and (c) of the first paragraph, Technical Assessment Body shall inform the 
Organisation of European Technical Assessment B odies of the content of the request and of the reference to a relevant 
Commission Decision for assessment and verification of constancy of performance, which the Technical Assessment Body 
intends to apply for that product, or of the lack of such a Commissi on Decision and shall also inform the Ministry in order to be 
sent to the Commission  thereof  
Publication  
ARTICLE 25 - (1) List of refreneces of European Assessment Documents adopted by the Organisation of European 
Technical Assessment Bodies and published i n the Official Journal of the European Union, shall be published by the Ministry in 
the Official Gazzette as a sub regulatory act.  
Content of the European Assessment Document  
ARTICLE 26 - (1) A European Assessment Document shall contain, at least, a general  description of the construction 
product, the list of essential characteristics, relevant for the intended use of the product as foreseen by the manufacturer and 
agreed between the manufacturer and the Organisation of European Technical Assessment Bodies a nd the methods and criteria for 
assessing the performance of the product in relation to those essential characteristics.  
(2) Principles of the factory production control to be applied shall be set out in the European Assessment Document, 
taking into accoun t the conditions of the manufacturing process of the construction product concerned.  
(3) In case the methods and criteria concerning the performance of some of the essential characteristics of the product, 
have already determined in other harmonised techni cal specifications or the Guidelines for European Technical Approval referred 
to in Article 55 (3) or the methods and criteria which are currently used in accordance with European Technical Approval that  has 
already accepted, those existing methods and cri teria shall be incorporated as parts of the European Assessment Document.  
Formal objections against European Assessment Documents  
ARTICLE 27 - (1) In case the Ministry considers that a European Assessment Document does not entirely satisfy the 
demands to be  met in relation to the basic requirements for construction works set out in Annex I, it shall deliver its formal 
objection to the Commission .  
European Technical Assessment  
ARTICLE 28- (1) At the request of a manufacturer, European Technical Assessment sh all be issued by a Technical 
Assessment Body on the basis of a European Assessment Document established in accordance with the procedures set out in Article 24 and Annex II. If there is an existing European Assessment Document, a European Technical Assessm ent may be issued 
even if a mandate for a harmonised standard has already been issued. After the beginning of the coexistence period, any 
preparation and issuing shall not be carried out related with that technical assessment by the Technical Assessment Bo dy. 
(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 Technical Assessment Body  receiving the 
request for the  European Technical Assessment for the declared intended use, and technical details necessary for the 
implementation of the system of assessment and verification of constancy of performance. The format of the European Technical  
Assessment shall be publishe d by the Ministry in the Official Gazzette as a sub regulatory act.  
Assessment and verification of constancy of performance  
ARTICLE 29 - (1) Assessment and verification of constancy of performance of construction products in relation to their 
essential char acteristics shall be carried out in accordance with the systems set out in Annex V.  
(2) Which system or systems of assessment and verification of constancy of performance are applicable to a 
construction product or family of construction products pursuant to intended use or uses specified in Commission Decisions, shall 
be published by the Ministry in the Official Gazzette as a sub regulatory act.  
(3) The system or systems thus determined shall also be indicated in the harmonised technical specifications.  
CHAPTER V  
Technical Assessment Bodies  
Designation, monitoring and evaluation of Technical Assessment Bodies  
ARTICLE 30 - (1) The Ministry shall designate a Technical Assessment Body for construction products area listed in 
Table 1 of Annex IV. The Ministry sh all notify the Commission regarding the product area or areas for which the body is 
designated and its name and address.  
(2)  The Ministry shall announce the names and adresses of Technical Assessment Bodies together with the product area 
or areas for whic h they are designated by way of sub regulatory acts.  
(3) The Ministry shall monitor the activities and competence of Technical Assessment Bodies on the product areas on 
which they have designated, and evaluate their activity and competence in relation to t he respective requirements set out in Table 
2 of Annex IV. The Ministry shall announce the provisions for the designation of Technical Assessment Bodies by way of sub 
regulatory acts. The Ministry shall notify the Commission related with any changes on act ivities, competence and designation 
requirements of Technical Assessment Bodies as well.  
(4) For the evaluation of Technical Assessment Bodies, the Ministry shall use the guidelines prepared and published by 
the Commission in order to carry out the evaluat ion of Technical Assessment Bodies.  
Requirements for Technical Assessment Bodies  
ARTICLE 31 - (1) Technical Assessment Body shall carry out the assessment processes related with the European 
Technical Assessment in a product area or areas for which it has b een designated and issue them. Technical Assessment Body 
shall satisfy the requirements set out in Table 2 of Annex IV within the scope of its designation.  
(2) Technical Assessment Body shall notify the Ministry related with its organigram and the names of  the members of 
its internal decision -making bodies and inform the public about those information by means of internet.  
(3) In case the Ministry ascertain that the Technical Assessment Body have no longer complies with the requirements 
stated in the first paragraph, it shall withdraw the designation of that body and inform the Commission thereof.  
Coordination of Technical Assessment Bodies  ARTICLE  32- (1) Technical Assessment Bodies designated by the Ministry shall be the member of the Organisation of 
Europ ean Technical Assessment Bodies and the other organisations which those bodies involved in and shall participate the 
meetings and carry out the obligations of the membership including all expenses.  
 
CHAPTER VI  
Simplified Procedures  
Use of Appropriate Techn ical Documentation  
ARTICLE 3 3- (1) For the following cases, in determining the product -type, a manufacturer may replace type -testing or 
type-calculation by Appropriate Technical Documentation.  
a) In case the essential characteristics of the construction pr oduct is considered to satisfy a certain level or class of 
performance without testing or calculation, or without further testing or calculation in compliance with the conditions laid down 
in the relevant harmonised technical specification or in the releva nt Commission Decision , those characteristics demonstrated by 
Appropriate Technical Documentation may be used as type -testing or type -calculation of the construction product.  
b) In case the construction product with the same product -type of another constr uction product which is manufactured 
by another manufacturer and already tested in accordance with a harmonised standard, is placed on the market in compliance wi th 
the relevant harmonised standard, the declaration of performance of the construction produc t corresponding to all or part of other 
product’s test results is considered as Appropriate Technical Documentation and may be used as type -testing or type -calculation 
of the construction product only after having authorization of the other manufacturer wh o is still responsible of the accuracy, 
reliability and stability of those results.  
c) In case the construction product is a  system or component of a system  already tested by its provider for one or 
several of its essential characteristics in accordance  with a harmonised technical specification and provided that product to be 
used is placed on the market by the manufacturer as a system made of components assembled according to the instructions of 
provider in accordance with the relevant harmonised techni cal specification, the declaration of performance of the construction 
product corresponding to all or part of the test results of the system or the component provided to the manufacturer is consi dered 
as Appropriate Technical Documentation and may be used as type -testing or type -calculation of the construction product only 
after having authorization of the other manufacturer or system provider who is still responsible of the accuracy, reliability  and 
stability of those results.  
(2) If the construction prod uct referred to in paragraph 1 belongs to a family of construction product whose system for 
assessment and verification of constancy of performance is system 1+ or 1, as set out in Annex V, the Appropriate Technical 
Documentation referred to in paragraph 1  shall be verified by a notified product certification body as stated in Annex V.  
Use of simplified procedures by micro -enterprises  
ARTICLE 3 4- (1) Micro -enterprises manufacturing construction products covered by a harmonised standard may 
change the determ ination of the product -type based on type -testing for systems 3 and 4 as stated in Annex V by using different 
methods from the methods  set out  in the applicable harmonised standard. Those manufacturers may also perform in accordance 
with the provisions f or system 4, for the construction products whose system for assessment and verification of constancy of 
performance is system 3. When a manufacturer uses such simplified procedures, the manufacturer shall demonstrate that the 
construction product is in com pliance with the applicable requirements by means of Specific Technical Documentation and shall 
demonstrate that the procedures laid down in the harmonised standards are equivalent to the procedures used.  
Other simplified procedures  
ARTICLE 3 5- (1) For co nstruction products covered by a harmonised standard and individually manufactured or 
custom -made in a non -series process for a specific order and which are installed in a single identified construction work, 
performance assessment part of the applicable s ystem as stated in Annex V,  may be replaced by Specific Technical Documentation which demonstrates the procedures used are equivalent to the procedures laid down in the harmonised standards 
and the product is in compliance with the applicable requirements . 
(2) If the construction product referred to in paragraph 1 belongs to a family of construction product whose system for 
assessment and verification of constancy of performance is system 1+ or 1, as set out in Annex V, the Appropriate Technical 
Documentat ion referred to in paragraph 1 shall be verified by a notified body as stated in Annex V.  
 
CHAPTER VII  
Notifying Authorities and Notified Bodies  
Notification  
ARTICLE 36 - (1) The Ministry shall notify the Commission of the notified bodies designated accordi ng to this By -
Law.  
Authority responsible of notification  
ARTICLE 37 - (1) The Ministry shall be responsible of the notification of the notified bodies designated according to 
this By -Law through the Ministry of Economy to the Commission, determination of a ssessment procedures and fullfilmment of 
the requirements, assessing their compliance with the Article 39 and monitoring of notified bodies and setting up related sub 
regulatory acts.  
Information obligation  
ARTICLE 38 - (1) The Ministry shall inform the Com mission of their national procedures for the assessment and 
notification of notified bodies and the monitoring of them, and of any related changes.  
Requirements for notified bodies  
ARTICLE 39 - (1) For the purposes of notification, a notified body shall mee t the following requirements;  
a)A notified body shall be established in accordance with national law and have legal personality.  
b) A notified body shall be a third -party body independent from the organisation manufacturing the product or the 
construction  product it assesses. If the body belongs to a business association or trade association representing undertakings 
involved in the design, manufacturing, supply, assembly, use or maintenance of construction products which it assesses, it ma y be 
considered as notified body as long as it assures independence and it has no conflict of interest.   
c) A notified body and its top level management and personel;  
1) shall not be the neither designer, manufacturer, purchaser, supplier, installer, user, maintainer, or  owner of the 
construction products which it assesses, nor the authorised representative of any of those parties. This condition shall not preclude 
the use of assessed products necessary for the activities of notified bodies or the use of products for pers onal purposes.  
2) shall not become directly involved neither in the design, manufacturing or construction, marketing, installation, use 
or maintenance of those construction products, nor represent the parties engaged in those activities. They shall not per form any 
activity causing a conflict with their independence related to the activities for which they have been notified. This conditi on shall 
particularly apply to consultancy services. A notified body shall ensure that activities of its subsidiaries or s ubcontractors do not 
affect the confidentiality, objectivity and impartiality of its assessment and verification activities.  
ç) A notified body and its personnel shall carry out the tasks  as a notified body within the scope for which the body has 
been desi gnated,  in the process of assessment and verification of constancy of performance with their required technical and 
professional competence and shall perform independently from all kind of pressures and inducements, especially financial pressures and induc ements which may influence their judgement or the results of their assessment and verification activities and 
shall perform particularly independent from persons or parties with an interest in the results of those activities.  
d) A notified body shall be ca pable of carrying out all the tasks  as a notified body  in the process of assessment and 
verification of constancy of performance assigned in accordance with Annex V related with its notification, whether those tasks 
are carried out by the notified body its elf or on its behalf and under its responsibility.  For each system of assessment and 
verification of constancy of performance and for each kind or category of construction products, essential characteristics an d tasks 
related with its notification,  the no tified body shall have the following:  
1) the necessary personnel with technical knowledge and sufficient experience to perform the tasks  as a notified body  in 
the process of assessment and verification of constancy of performance;  
2) the necessary descript ion of the procedures related with assessment of performance carried out and the description 
ensuring the transparency and the ability of reuse of these procedures and appropriate policies and procedures distinguishing  
between the tasks it carries out as a  notified body and other activities;  
3) the necessary procedures to perform its activities which takes the size of an undertaking, the sector in which it 
operates,  its organizational structure, the degree of complexity of the product in question,  the ma ss or serial nature of the 
production process into account,  
4) the means necessary to perform the technical and administrative tasks connected with the activities for which it is 
notified in an appropriate manner and have access to all necessary equipment or facilities,  
e) The personnel responsible for carrying out the activities in relation to which the body has been notified, shall have the 
following:  
1) technical and vocational training covering all the notified bady tasks in the process of assessment an d verification of 
constancy of performance within the relevant scope for which the body has been notified;  
2) satisfactory knowledge of the requirements of the assessments and verifications they carry out and adequate 
competence to carry out such activitie s, 
3) appropriate knowledge and understanding of the applicable harmonised standards and of the relevant provisions of 
this By -Law;  
4) the ability required to draw up the certificates, records and reports demonstrating the assessments and the 
verifications  have been carried out.  
f) The notified body shall ensure the impartiality of itself, its top -level management and assessment personel.  The 
remuneration of the notified body's top -level management and assessment personel shall not depend on the number of a ssessments 
carried out or on the results of such assessments.  
g) A notified body shall take out professional liability insurance.  
ğ) The personnel of the notified body shall ensure the professional confidentiality related with all information gained 
while carrying out its tasks under Annex V, except the activities related with competent administrative authorities. Propriet ary 
rights related with that information shall be protected.  
  h) A notified body shall participate in the relevant standardisation activities and the activities of the notified body 
coordination group established under Article 49 or shall inform the personnel perfor ming assessment activities about such 
activities and shall adopt the documents prepared by and decisions made by notified body coordination group as guidance 
documents.  
Presumption of conformity  
ARTICLE 40 - (1) A notified body demonstrating its conformity with the criteria laid down in the relevant harmonised 
standards of which the references have been published in the Official Journal of the European Union, or parts thereof, shall be considered to comply with the requirements in Article 39 as long as the a pplicable harmonised standards cover those 
requirements.  
Subsidiaries and subcontractors of notified bodies  
ARTICLE 41 - (1) In case a notified body subcontracts specific tasks performed in the process of assessment and 
verification of constancy of performa nce or has recourse to a subsidiary  or a representative , it shall ensure that the subcontractor 
or the subsidiary  or the representative meets the requirements set out in Article 39, and shall inform the Ministry accordingly.  
(2) The notified body shall be c onsidered to take full responsibility for the tasks performed by all its subcontractors or 
subsidiaries.  
(3) Activities may be subcontracted or carried out by a subsidiary or a subcontractor only if the client agrees to do so.  
(4) The notified body shall k eep the relevant documents concerning the assessment of the qualifications of each 
subcontractor or the subsidiary and the tasks carried out by such parties under Annex V at the disposal of the Ministry.  
Use of facilities outside the testing laboratory of the notified body  
ARTICLE 42 - (1) Upon the request of the manufacturer and in case of the existence of technical, economic or logistic 
reasons, notified bodies may decide to carry out the tests referred to in Annex V, for the systems of assessment and veri fication of 
constancy of performance 1+, 1 and 3 or have such tests carried out under their supervision, either in the manufacturing plan ts 
using the test equipments of the laboratory of the manufacturer or with the approval of the manufacturer, in an exte rnal laboratory, 
using the test equipments of that laboratory.  Notified bodies that shall carry out those tests , shall be assigned on condition that  
they have  a competen cy to perform the tests in another laboratories except from their accredited laboratori es. 
(2) Before carrying out the tests mentioned in the first paragraph, whether the requirements of the test method are 
satisfied, test equipment has an appropriate calibration system and the traceability of the measurements is guaranteed; shall  be 
verifie d and the quality of the test results is ensured.  
Application for notification  
ARTICLE 43 - (1) A body to be authorised to carry out the tasks  as a notified body  in the process of assessment and 
verification of constancy of performance shall submit an appli cation for notification to the Ministry.  
(2) The documents demonstrating the compliance to the requirements set out in Article 39, a description of the activities 
to be performed, the procedures of assessment and verification for which the body claims to b e competent and an accreditation 
certificate shall be included with the application.  
Notification procedure and identification numbers of notified bodies  
ARTICLE 44 - (1) The Ministry shall only notify the bodies which have satisfied the requirements laid d own in Article 
39.  
(2) The notification shall include full details of the activities to be performed, reference to the relevant harmonised 
technical specification and, the essential characteristics for which the body is competent in relation to the system  set out in Annex 
V.However, reference to the relevant harmonised technical specification is not required in the cases set out in point 3 of An nex V.  
(3) For each notified body, an identification number shall be assigned by the Commission. Even though the notified 
body is notified under several legislations, it shall have only a single identification number.  
(4) A body with an accreditation certificate, may carry out its activities only after its notification is submitted to the 
Commission and an identific ation number is assigned by the Commission and the Communiqué related with its designation is 
published by the Ministry. Only such bodies are considered to perform as notified body for the purposes of this By -Law.  
 (5) Any subsequent changes related with t he notification shall be informed by the Ministry to the Commission . 
Changes to the notification  ARTICLE 45 - (1) In case the Ministry has ascertained or has been informed that the notified body do not meet the 
requirements laid down in Article 39 anymore o r fails to meet its obligations, the Ministry shall restrict, suspend or withdraw the 
notification depending on the importance of the failure to meet those requirements or to fulfil those obligations. The Minist ry 
shall inform the Commission thereof.  
(2) In case of a withdrawal, restriction or suspension of the notification of notified body  or the body put an end of it’s 
activities with its own requisition , the Ministry shall take appropriate measures tha t enable the files of that body are either 
processed by another notified body or to keep these files to be submitted to the Ministry.  
Challenge of the competence of notified bodies  
ARTICLE 46 - (1) The Ministry shall monitor and investigate whether the noti fied body designated still meets the 
requirements, its responsabilities and activities in accordance with this By -Law.  
(2) All information related to the notification or the sustainability of the competence of the body submitted to the 
Ministry upon its r equest, shall be forwarded to the Commission if necessary.  
(3) The Ministy shall ensure that significant information gathered during investigation shall be processed confidentially.  
(4) In case the Commission or any Member State requests an investigation a bout the technical competence of notified 
body designated by the Ministry and its compliance with related legislation, the procedure set out in Article 4 of Desicion N o 
1/2006 Of The EC -Turkey Customs Cooperation Committee shall be followed. The Ministry s hall submitted required documents 
and information to The Ministry of Economy and shall establish a cooperation between parties concerned and shall take necessa ry 
measures.  
Operational obligations for notified bodies  
ARTICLE 47 - (1) Notified bodies shall ca rry out their activities  in accordance with the systems of assessment and 
verification of constancy of performance provided for in Annex V.  
(2) The process of assessment and verification of constancy of performance 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 by taking the size of the undertaking, the sector in which the undertaking operates, it s 
structure, the degree of complexity of the product  technology  in question and the mass or serial nature of the pr oduction process 
into account. During this process, notified body shall take the degree of rigour required for the product by this By -Law and the 
role of the product to meet all essential requirements for construction works into consideration.  
(3) In case notified body ascertains that the constancy of performance of the manufactured product has not been ensured 
by the manufacturer the during the the  initial inspection of the manufacturing plant and of factory production control, notified 
body shall request from the manufacturer to take necessary measures an d shall not issue a certificate until necessary measures 
have been taken.  
(4) In case notified body ascertains that the perfromance of the product do not meet the performance of the type product 
anymore during the monitoring activities intending the verification of the constancy of performance of the manufactured produ ct, 
notified body shall request  from the manufacturer to take necessary measures and if necessary shall suspend or withdraw its 
certificate.  
(5) Where corrective measures are not taken or do not have the required effect, the notified body shall restrict, suspend 
or withdraw any certifi cates, as appropriate.  
Information obligations for notified bodies  
ARTICLE 48 - (1) Notified bodies shall inform the notifying authority in written and by means of Construction Product 
Monitoring System software about the following:  
a) any refusal, restrict ion, suspension or withdrawal of certificates;  b) any circumstances affecting the scope of, and conditions for, notification;  
c) any request for information on assessment and verification of constancy of performance activities carried out from 
market surve illance authority;  
ç) Upon request, all kinds of activities performed including cross -border activities and subcontracting and third party 
tasks in accordance with the systems of assessment and verification of constancy of performance carried out within th e scope of 
their notification.  
(2) Notified body shall provide relevant information related with negative and depending on request, positive results of 
the activities concerning the  assessment and verification of constancy of performance of construction products covered by the 
same harmonised technical specification , to the other bodies assigned  to carry out  these assessments and verifications.  
Coordination of notified bodies  
ARTICLE 49 - (1) . Notified bodies designated by the Ministry in accordance with the provisions of this Regulation shall form of 
a group for ensuring the necessary coordination and co -operation between each other. .   
The Notified bodies shall participat e in the work of Group of Notified Bodies established by the Comission, directly or by means 
of designated representatives. The Notified bodies shall ensure that the Ministry and the representatives of notified bodies are 
informed thereof and shall cover all the parti cipation expenditures.    
CHAPTER VIII  
Market Surveillance And Safeguard Procedures  
Authorised Body  
ARTICLE 50 - (1) For the market surveillance activities, the Ministry is authorised. The matters which do not take part 
in this By -Law concerning the market surveillance activities shall be announced by the Ministry with the sub r egulatory act.  
Procedure related with construction products presenting a risk  
ARTICLE 51 - (1) Where the the Ministry  have taken action pursuant to Article 11 of Law on Preparartion and 
Implementation of Technical Legislation Concerning Products, numbered 4 703 or where they have sufficient reason to believe 
that a construction product covered by a harmonised standard or for which a European Technical Assessment has been issued 
does not achieve the declared performance and presents a risk for the fulfilment o f the basic requirements for construction works 
covered by this By -Law, it shall carry out an evaluation in relation to the product concerned covering the respective requirements 
laid down by this By -Law. The relevant economic operators shall cooperate as necessary with the Ministry . Where, in the course 
of that evaluation, the Ministry  find that the construction product does not comply with the requirements laid down in this 
Regulation, it shall without delay require the relevant economic operator to take all appropriate corrective actions to bring the 
product into compliance with those requirements, notably with the declared performance, or to withdraw the product from the 
market, or recall it within a reasonable period, commensurate with the nature of the  risk. Implementation of those measures, 
relevant articles of Law on Preparartion and Implementation of Technical Legislation Concerning Products, numbered 4703 shall  
be applied.  The Ministry  shall inform the notified body if included.  
  (2) In case the Ministry  considers that the non -compliance is not limited on nationwide, it shall inform the Commission 
of the results of the evaluation and of the actions which they have required the economic operator to take.  
(3) The economic operator shall ensure that a ll appropriate corrective action is taken in respect of all the construction 
products which that economic operator has made available on the market  
(4) In case the relevant economic operator does not take adequate corrective action within the period referr ed to in the 
first paragraph, the Ministry  shall take all appropriate provisional measures to prohibit or restrict the making available of the 
construction product on the market or to withdraw the construction product from the market or to recall it. The e conomic operator 
shall meet all expenses cuased by those processes. The Ministry shall inform the Commission ,, without delay, of those measures.  (5) The information referred to in fourth paragraph shall include all available details, in particular the dat a necessary for 
the identification of the non -compliant construction product, the origin of the construction product, the nature of the non - 
compliance alleged and the risk involved, the nature and duration of national measures taken as well as the argumen ts put forward 
by the relevant economic operator. The Authorised Body shall indicates whether the non -compliance is due to:  
a) failure of the product to achieve the declared performance or to meet the requirements related to the fulfilment of 
basic require ments for construction works laid down in this By -Law;   
b) shortcomings in the harmonised technical specifications or in the Specific Technical Documentation.   
(6) Final measures notified by the Commission to the Ministry concerning European Union market , shall be 
implemented without delay.  
Complying construction products which nevertheless present a risk to health and safety  
ARTICLE 52 - (1) Where, having performed an evaluation pursuant to Article 51(1), it is ascertained that, although a 
construction pr oduct is in compliance with this By -Law, it presents a risk for the fulfilment of the basic requirements for 
construction works, to the health or safety of persons or to other aspects of public interest protection, the Ministry shall require the 
relevant e conomic operator to take all appropriate measures to ensure that the construction product concerned, when placed on the 
market, no longer presents that risk, to withdraw the construction product from the market or to recall it within a reasonabl e 
period, c ommensurate with the nature of the risk. The Ministry shall prohibit the product to be available on the market until the 
risk in question removed.  
(2) The economic operator shall ensure that any corrective action is taken in respect of all the construction  products 
concerned which the economic operator has made available on the market.  
(3) The Ministry shall inform the Commission  concerning those measures  taken . That information shall include all 
available details, in particular the data necessary for the identification of the construction product concerned, the origin and the 
supply chain of the product, the nature of the risk involved and the nature and duration of the national measures taken.  
(4) The Commission shall forward the information to the Minist ry, of the necessary appropriate measures to be taken by 
Turkey or of its decision related with the conformity of those measures.  
Non-compliance is formally ascertained  
ARTICLE 53 - (1) Without prejudice to Article 51, in case the Ministry ascertains the fo llowing aspects  it shall request  
from  the relevant economic operator to be made  an end of such non -compliance.  
a) affixing the CE Mark in breach of Article 10 or 11,  
(b) the CE marking has not been affixed, when required, in accordance with Article 10(2);  
(c) without prejudice to Article 7, the declaration of performance has not been drawn up, when required, in accordance 
with Article 6;  
(ç) the declaration of performance has not been drawn up in accordance with Articles 6, 8and 9;  
(d) the technical docu mentation is either not available or not complete.  
(2) In case the non -compliance referred to in first paragraph continues, the Ministry  shall take appropriate measure in 
order to make an end of such non -compliance. Besides, the construction product is rec alled or withdrawn from the market to 
restrict or prohibit the making available on the market  by the Ministry  in accordance with the provisions defined in Article 51(4) 
and Article 52(1) . Relevant Articles of the Law on Preparartion and Implementation of T echnical Legislation Concerning 
Products, numbered 4703 shall be implemented taking those measures.  
 CHAPTER IX  
Final Provisions  
Repeal  
ARTICLE 54 - (1) The By -Law on Construction Products (89/106/EEC) published in the Official Gazette dated 
8/9/2002 and n umbered 24870 is repealed.  
(2) References to the repealed By -Law shall be considered as references to this By -Law.  
Transitional provisions  
ARTICLE 55 - (1) Construction products which have been placed on the market in accordance with The By -Law on 
Constru ction Products (89/106/EEC) before 1 July 2013 shall be deemed to comply with this By -Law.  
(2) Manufacturers may draw up a declaration of performance on the basis of a certificate of conformity or a declaration 
of conformity, which has been issued before 1  July 2013 in accordance with The By -Law on Construction Products 
(89/106/EEC).  
(3) Guidelines for European technical approval published before 1 July 2013 in accordance with The By -Law on 
Construction Products (89/106/EEC) may be used as European Assessme nt Documents.  
(4) Manufacturers and importers may use European technical approvals issued in accordance with The By -Law on 
Construction Products (89/106/EEC) before 1 July 2013 as European Technical Assessments throughout the period which those 
approvals are valid.  
Communication with the Commission   
ARTICLE 56 - (1) Any notification and communication between the Ministry and the Commision shall be provided by 
the Ministry of Economy  
Entry into force    
ARTICLE 57 - (1)  
a) Articles 5 to 29, Articles 33 to 35,  Articles 50 to 55 and Annex I, Annex II, Annex III and Annex IV  shall apply from 
1/7/2013  
b) Other provisions of this By -Law shall enter into force on the date of its publication.  
Implementation  
ARTICLE 58 - (1) The provisions of this By -Law shall be imple mented by the Ministry  
 
 
 
 
 
 
  
ANNEX I  
Basic Requirements for Construction Works  
Construction works as a whole and in their separate parts must be fit for their intended use, taking into account in particul ar the 
health and safety of persons involved throu ghout the life cycle of the works. Construction works, under normal maintenance, must 
satisfy the basic requirements for construction works for an economically reasonable working life.  
1. Mechanical resistance and stability  
The construction works must be de signed and built in such a way that the loadings that they are subject to during their 
construction and use will not lead to any of the following:  
(a) collapse of the whole or part of the work;  
(b) major deformations to an inadmissible degree;  
(c) damag e to other parts of the construction works or to fittings or installed equipment as a result of major 
deformation of the load -bearing construction;  
(ç) damage by an event to an extent disproportionate to the original cause.  
2. Safety in case of fire  
The construction works must be designed and built in such a way that in the event of an outbreak of fire:  
(a) the load -bearing capacity of the construction should not decrease for a specific period of time;  
(b) the generation and spread of fire and smoke wi thin the construction works are limited;  
(c) the spread of fire to neighbouring construction works is limited;  
(ç) occupants should be able to leave the construction works safely or should be rescued by other means;  
(d)  the safety of rescue teams is ta ken into consideration.  
3. Hygiene, health and the environment  
The construction works must be designed and built in such a way that they will not be a threat to the hygiene or health 
and safety of workers, occupants or neighbours throughout their life cy cle and shall not have an exceedingly high 
impact, over their entire life cycle, on the environmental quality or on the climate during their construction, use and 
demolition, in particular as a result of any of the following:  
(a) the giving -off of toxic g as;  
(b) the emissions of dangerous substances, volatile organic compounds (VOC), greenhouse gases or dangerous 
particles into indoor or outdoor air;  
(c) the emission of dangerous radiation;  
(ç) the release of dangerous substances into ground water, mari ne waters, surface waters or soil;  
(d) the release of dangerous substances into drinking water or substances which have an otherwise negative 
impact on drinking water;  
(e) faulty discharge of waste water, emission of flue gases or faulty disposal of soli d or liquid waste;  (f) dampness in parts of the construction works or on surfaces within the construction works.  
4. Safety and accessibility in use  
The construction works must be designed and built in such a way that they do not present unacceptable ris ks of 
accidents or damage risks such as slipping, falling, collision, burns, electrocution, and injury from explosion and 
burglaries. In particular, construction works must be designed and built taking into consideration accessibility and use 
for disabled persons.  
5. Protection against noise  
The construction works must be designed and built in such a way that noise perceived by the occupants or people 
nearby is kept to a level that will not threaten their health and will allow them to sleep, rest and work  in satisfactory 
conditions.  
6. Energy economy and heat retention  
The construction works and their heating, cooling, lighting and ventilation installations must be designed and built in 
such a way that the amount of energy they require in use shall be lo w by taking the occupants and the climatic 
conditions of the location into account. Construction works must also be energy -efficient, using as little energy as 
possible during their construction and dismantling.  
7. Sustainable use of natural resources  
The construction works must be designed, built and demolished in such a way that the use of natural resources is 
sustainable and in particular ensure the following:  
(a)  reuse or recyclability of the construction works, their materials and parts after demol ition;  
(b)  durability of the construction works;  
(c)  use of environmentally compatible raw and secondary materials in the construction works.  
  
 
 
 
 
 
 
 
 
 
 
 
  
ANNEX II  
Procedure for Adoptıng an European Assessment Document  
1. Request for a European Technic al Assessment  
When a manufacturer makes a request for a European Technical Assessment to Technical Assessment Body for a 
construction product, and when the manufacturer and the Technical Assessment Body  have signed an agreement of 
commercial secrecy and co nfidentiality, unless the manufacturer decides otherwise, the manufacturer shall submit to the 
responsible Technical Assessment Body  a technical file describing the product, its use as foreseen by the manufacturer 
and details of the factory production cont rol that meperationer intends to apply.  
2. Contract  
For construction products referred to in Article 24 (1)(c), a contract shall be concluded within 1 month from the 
reception of the technical file between the manufacturer and the responsible Technical Asses sment Body  in order to be 
carried out the European Technical Assessment, defining the work programme for drawing up the European Assessment 
Document, including:  
— the organisation of work within the organisation of Technical Assessment Bodies , 
— the compos ition of the workgroup to be established within the organisation of Technical Assessment Bodie s, 
designated for the  
     product area in question,  
— the coordination of Technical Assessment Bodie s. 
3. Work programme  
After the contract is concluded with the m anufacturer, the organisation of Technical Assessment Bodie s shall inform the 
Commission of the work programme for drawing up the European Assessment Document, the schedule about its 
execution and the assessment programme. This communication shall take pla ce within 3 months following the request 
for a European Technical Assessment.  
4. The draft European Assessment Document  
The organisation of Technical Assessment Bodie s shall finalise draft European Assessment Document by means of the 
working group coordinated  by the responsible Technical Assessment Body  and shall communicate this draft to the 
parties concerned within 6 months following the date the Commission was informed of the work programme.  
5. Commission Participation  
A Commission representative may participa te, as observer, to all the parts about the execution of the work programme.  
6. Extension and delay  
Any delay in relation to the time limits stated in articles 1 to 4 in this Annex shall be reported to the organisation of 
Technical Assessment Bodie s and to th e Commission by the working group.  
If an extension about the time limits for developing the European Assessment Document is adopted, especially in the 
absence of a Commission decision on the applicable system of assessment and verification of constancy of performance 
for the construction product or in case of the need to develop a new test method, an extension about time limit shall be 
determined by the Commission.  7. Amendments and adoption of a European Assessment Document  
The responsible Technical Assessmen t Body  shall communicate the draft European Assessment Document to the 
manufacturer, who shall respond in 15 working days. Thereafter, the organisation of Technical Assessment Bodie s 
shall:  
(a) if there is a response from manufacturer, inform the manufactu rer about how his reactions have been taken 
into account;  
(b) adopt the draft European Assessment Document; and  
(c) send a copy to the Commission.  
If the Commission communicates its observations on the draft European Assessment Document to the organisatio n of 
Technical Assessment Bodie s within 15 working days of receiving the draft, the organisation of Technical Assessment 
Bodie s following its right to comment shall amend the draft accordingly and shall send a copy of the adopted European 
Assessment Docume nt to the manufacturer and to the Commission.  
8. Publication of the Finalised European Assessment Document  
As soon as the first European Technical Assessment is issued by the responsible Technical Assessment Body  based on the 
adopted European Assessment Docu ment, that European Assessment Document shall be adjusted based on experiences if 
necessary. The organisation of Technical Assessment Bodie s shall adopt the final European Assessment Document and shall 
send a copy to the Commission, together with a transla tion of its title in all the official languages of the Union, for 
publication of its reference. As soon as the product has been CE -marked, the organisation of Technical Assessment Bodie s 
shall make the European Assessment Document available by electronic m eans.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ANNEX III  
DECLARATION OF PERFORMANCE  
No. .................................  
1. Unique identification code of the product -type: .....................................................................................................  
2. Type , batch or serial number or any other element allowing identification of the construction product as required 
pursuant to Article 14(4): 
....................................................................................................................... ..................................................................  
3. Intended use or uses of the construction product in accordance with the applicable harmonised technical specification, 
as foreseen by the manufacturer:  
.................................. ............................................................................................................................. .......................... 
........................................................................................................ .................................................................................  
4.  Name, registered trade name or registered trade mark and contact address of the manufacturer as required pursuant to 
Article 14(5): 
...................................... ............................................................................................................................. ...................... 
............................................................................................................ .............................................................................  
5.  Where applicable, name and contact address of the authorised representative who is responsible of covers the tasks 
specified in Article 15(2): 
............................... ............................................................................................................................. ............................. 
..................................................................................................... ....................................................................................  
6. System or systems of assessment and verification of constancy of performance of the construction product as set out in 
Annex V:  
........................................ ............................................................................................................................. .................... 
.............................................................................................................. ...........................................................................  
7.  In case of the declaration of performance concerning a construction product covered by a harmonised standard: 
…… ................................................................ ...............................................................................................  
(name and identification number of the notified body, if relevant)  
 
Performed………………....................................under system ........................... ..................................................  
(description of the notified body  tasks as set out in Annex V)  
 
and issued .................................................................................................................. ................ ............................  
(certificate of constancy of performance, certificate of conformity of the factory production control, test/calculation 
reports – as relevant)  
 
8. In case of the declaration of performance concerning a construction product for which a European Technical 
Assessment has been issued:  
............................................................................................................................. ............................................................  (name 
and iden tification number of the Technical Assessment Body, if relevant)  
issued ...................................................................................................................... ..........................................................  
(refer ence number of the European Technical Assessment)  
on the basis of ............................................................................................................. ...........................................  
(reference number of the European A ssessment Document)  
 performed .................................................................. under system.................................... ..................................  
(description of the notified body  tasks as set out in Annex V)  
 
and issue ............................................................................................................................. ....................................  
(certificate of constancy of performance, certificate of conformity of the factory production  control, test/calculation 
reports – as relevant)  
 
9. Declared performance  
Notes to the table.  
1. Column 1 shall contain the list of essential characteristics as determined in the harmonised technical 
specifications for the intended use or uses indicated  in point 3 above.  
2 For each essential characteristic listed in column 1 and in compliance with the requirements of Article 8, 
column 2 shall contain the declared performance, expressed by level or class, or in a description, related to the 
corresponding  essential characteristics. The letters ‘NPD’ (No Performance Determined) shall be indicated where no 
performance is declared.  
3. For each essential characteristic listed in column 1, column 3 shall contain:  
(a) dated reference of the corresponding harmo nised standard and, where relevant, the reference 
number of the Specific or Appropriate Technical Documentation used;  
or  
(b) dated reference of the corresponding European Assessment Document where available and 
reference number of the European Technical Assessment used.  
Essential characteristics  
(see Note 1)  Performance  
(see Note 2)  Harmonised technical 
specification (see Note 3)  
   
   
   
 
Where pursuant to Article 33 or 34 the Specific Technical Documentation has been used, the requirements with whic h 
the product complies:  
............................................................................................................................. ............................................................ 
............................................. ............................................................................................................................. ...............  
10. The performance of the product identified by identification code of the product -type, type, batch or serial num ber or any 
other element allowing identification of the construction product in points 1 and 2 is in conformity with the declared 
performance in point 9.  
This declaration of performance is issued under the sole responsibility of the manufacturer identifie d by  name, 
registered trade name or registered trade mark and contact address in point 4.  
Signed for and on behalf of the manufacturer by:  
.................................................................................................................. .......................................................................  
(name and function)  
...........................................................................  ........................................................................................ .... 
                               (place and date of issue)                                                                 (signature)  ANNEX IV  
PRODUCT AREAS AND REQUIREMENTS FOR  TECHN ICAL ASSESSMENT BODIE S 
Table 1 - Product areas  
AREA  
CODE   
PRODUCT A REA  
1 PRECAST NORMAL/LIGHTWEIGHT/AUTOCLAVED AERATED CONCRETE PRODUCTS  
2 DOORS, WINDOWS, SHUTTERS, GATES AND RELATED BUILDING HARDWARE  
3 MEMBRANES, INCLUDING LIQUID APPLIED AND KITS (FOR WATER AND/OR WATER VAPOUR 
CONTROL)  
4 THERMAL INSULATION PRODUCTS  
COMPOSITE INSULATING KITS/SYSTEMS  
5 STRUCTURAL BEARINGS.  
PINS FOR STRUCTURAL JOINTS  
6 CHIMNEYS, FLUES AND SPECIFIC PRODUCTS  
7 GYPSUM PRODUCTS  
8 GEOTEXTILES, GEOMEMBRANES, AND RELATED PRODUCTS  
9 CURTAIN WALLING/CLADDING/STRUCTURAL SEALANT GLAZING.  
10 FIXED FIRE FIGHTING EQUIPMENT (FIRE ALARM/DETECTION, FIXED FIREFIGHTING, FIRE AND SMOKE 
CONTROL AND EXPLOSION SUPPRESSION PRODUCT.)  
11 SANITARY APPLIANCES  
12 CIRCULATION FIXTURES: ROAD EQUIPMENT  
13 STRUCTURAL TIMBER PRODUCTS/ELEMENTS AND ANCILLARIES  
14 WOOD BASED PANELS AND ELEMENTS  
15 CEMENT, BUILDING LIMES AND OTHER HYDRAULIC BINDERS  
16 REINFORCING AND PRESTRESSING STEEL FOR CONCRETE (AND ANCILLARIES), POST TENSIONING 
KITS  
17 MASONRY AND RELATED PRODUCTS. MASONRY UNITS, MORTARS, ANCILLARIES  
18 WAS TE WATER ENGINEERING PRODUCTS  
19 FLOORINGS  
 AREA  
CODE   
PRODUCT AREA  
20 STRUCTURAL METALLIC PRODUCTS AND ANCILLARIES  
21 INTERNAL & EXTERNAL WALL AND CEILING FINISHES. INTERNAL PARTITION KITS  
22 ROOF COVERINGS, ROOF LIGHTS, ROOF WINDOWS, AND ANCILLARY PRODUCTS, ROOF KITS  
23 ROAD CONSTRUCTION PRODUCTS  
24 AGGREGATES  
25 CONSTRUCTION ADHESIVES  
26 PRODUCTS RELATED TO CONCRETE, MORTAR AND GROUT  
27 SPACE HEATING APPLIANCES  
28 PIPES -TANKS AND ANCILLARIES NOT IN CONTACT WITH WATER INTENDED FOR HUMAN 
CONSUM PTION  
29 CONSTRUCTION PRODUCTS IN CONTACT WITH WATER INTENDED FOR HUMAN CONSUMPTION  
30 FLAT GLASS, PROFILED GLASS AND GLASS BLOCK PRODUCTS  
31 POWER, CONTROL AND COMMUNICATION CABLES  
32 SEALANTS FOR JOINTS  
33 FIXINGS  
34 BUILDING KITS, UNITS, PREFABRIC ATED ELEMENTS  
35 FIRE STOPPING, FIRE SEALING AND FIRE PROTECTIVE PRODUCTS, FIRE RETARDANT PRODUCTS  
 
Table 2 - Requirements for TABs  
Competence  Description of competence  Requirement  
1. Analysing 
risks  Identify the possible risks and benefits when innovat ive 
construction products without any established technical 
information regarding its performance are installed in 
construction works.  A Technical Assessment Body  shall be 
established under national law and have 
legal personality. It shall be independent 
from any company or organization 
manufacturing the construction product 
that it is assessing.  
In addition, a Technical Assessment Body  
shall have staff with:  
(a) objectivity and sound technical 
judgment;  
(b) detailed knowledge of the regulatory 2. Setting 
technical criteria  Transform the outcome of the risk analysis into 
technical criteria that will be used in the evaluation of 
behaviour and performance of the construction products 
regarding the fulfillment of applicable national 
requirements and in providing the technical information 
needed by those particip ating in the building process as 
potential users of the construction products (manufacturers, designers, contractors, installers).  provisions  and other requirements in force 
concerning product areas for which it is to 
be designated;  
(c) general understanding of construction 
practice and detailed technical knowledge 
concerning product areas for which it is to 
be designated;  
(ç) detailed knowledg e of processes 
involving specific risks and detailed 
knowledge of technical aspects of the 
construction process;  
(d) detailed knowledge of the existing 
harmonised standards and test methods 
within the product areas for which it is to 
be designated;   
(e) appropriate linguistic skills.  
The remuneration of the Technical 
Assessment Body  personnel shall not 
depend on the number of the assessments 
carried out or on the results of such 
assessments.  3. Setting 
assessment 
methods  Design and validate appropriate methods (tests or 
calculations) to assess performance for es sential 
characteristics of construction products, by taking into 
account the current state of the art.  
4. Determining 
the specific 
factory 
production 
control  Understand and evaluate the manufacturing process of 
the specific product in order to identify a ppropriate 
measures ensuring product constancy through the given 
manufacturing process.  A Technical Assessment Body  shall have 
staff with appropriate knowledge of the 
relationship between the manufacturing 
processes and product characteristics 
related to f actory production control.  
5. Assessing the 
product  Assess the performance for essential characteristics of 
construction products on the basis of harmonised 
methods corresponding to harmonised criteria.  In addition to the requirements listed 
inpoints 1, 2  and 3, a Technical 
Assessment Body  shall have access to the 
necessary means and equipment for the 
assessment of the performance for essential 
characteristics of construction products 
within the product areas for which it is to 
be designated.  
6. General  
Management  Ensure consistency, reliability, objectivity and 
traceability through the constant application of 
appropriate management methods.  A Technical Assessment Body  shall have:  
(a) a record proving good administrative 
behaviour;  
(b) a policy and the sup porting procedures 
to ensure confidentiality of sensitive 
information within the Technical 
Assessment Body  and all its partners;  
(c) a document control system to ensure 
registration, traceability, maintenance and 
archiving of all relevant documents;  
(ç) a mechanism for internal audit and 
management review to ensure the regular 
monitoring of the compliance with 
management methods;  
(d) a procedure to deal objectively with 
appeals and complaints.  
 ANNEX V  
ASSESSMENT AND VERIFICATION OF CONSTANCY OF PERFORMANC E 
1. SYSTEMS OF ASSESSMENT AND VERIFICATION OF CONSTANCY OF PERFORMANCE:  
1.1. System 1+ – Declaration of the performance of the essential characteristics of the construction product by the 
manufacturer on the basis of the following items:  
(a)  the manufacturer shall carry out:  
(i) factory production control;  
(ii) further testing of samples taken at the factory in accordance with the prescribed test plan;  
(b) the notified product certification body shall issue the certificate of constancy  of performance of the product on 
the basis of:  
(i) determination of the product -type on the basis of type testing (including sampling), type  
    calculation, tabulated values or descriptive documentation of the product;  
(ii) initial inspection of the m anufacturing plant and of factory production control;  
(iii) continuous surveillance, assessment and evaluation of factory production control;  
(iv) audit -testing of samples taken before placing the product on the market.  
1.2. System 1 – Declaration of the  performance of the essential characteristics of the construction product by the 
manufacturer on the basis of the following items:  
(a) the manufacturer shall carry out:  
(i) factory production control;  
(ii) further testing of samples taken at the factory  by the manufacturer in accordance with the  
     prescribed test plan;  
(b) the notified product certification body shall issue the certificate of constancy of performance of the  
product on the basis of:  
(i) determination of the product type on the basis of  type testing (including sampling), type    
calculation, tabulated values or descriptive documentation of the product;  
(ii) initial inspection of the manufacturing plant and of factory production control;  
(iii) continuous surveillance, assessment and evaluati on of factory production control.  
1.3. System 2+ – Declaration of the performance of the essential characteristics of the construction product by the  
manufacturer on the basis of the following items:  
(a) the manufacturer shall carry out:  
(i) determinati on of the product -type on the basis of type testing (including sampling), type calculation, 
tabulated values or descriptive documentation of the product;  (ii) factory production control;  
(iii) testing of samples taken at the factory in accordance with th e prescribed test plan  
(b) the notified production control certification body shall issue the certificate of conformity of the factory 
production control on the basis of:  
(i) initial inspection of the manufacturing plant and of factory production control;   
(ii) continuous surveillance, assessment and evaluation of factory production control.  
1.4. System 3 –  Declaration of the performance of the essential characteristics of the construction product by the 
manufacturer on the basis of the following items:  
(a) the manufacturer shall carry out factory production control;  
(b) the notified testing laboratory shall carry out determination of the product -type on the basis of type testing 
(based on sampling carried out by the manufacturer), type calculation, tabu lated values or descriptive 
documentation of the product.  
1.5. System 4 – Declaration of the performance of the essential characteristics of the construction product by the manufacturer 
on the basis of the following items:  
(a) the manufacturer shall carry  out:  
(i) determination of the product -type on the basis of type testing, type calculation, tabulated values or 
descriptive documentation of the product;  
(ii) factory production control;  
(b) no tasks for the notified body.  
2. BODIES INVOLVED IN THE ASSE SSMENT AND VERIFICATION OF CONSTANCY OF PERFORMANCE  
Notified bodies involved in the assessment and verification of constancy of performance for construction products is 
distinguished with respect to the functions as follows:  
(1) product certification body:  a governmental or non -governmental notified body, possessing the necessary 
competence and responsibility to carry out a product certification in accordance with given rules of procedure and 
management;  
(2) factory production control certification body: a  notified body, governmental or non -governmental, possessing 
the necessary competence and responsibility to carry out factory production control certification in accordance to given 
rules of procedure and management;  
(3) testing laboratory: a notified lab oratory which measures, examines, tests, calibrates or otherwise determines 
the characteristics or performance of materials or construction products.  
3. CASES OF ESSENTIAL CHARACTERISTICS WHERE REFERENCE TO A RELEVANT HARMONISED 
TECHNICAL SPECIFICATION IS NOT REQUIRED  
1. Reaction to fire.  
2. Resistance to fire.  
3. External fire performance.  
4. Noise absorption.  
5. Emissions of dangerous substances