EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2018) XXX  draft  
 
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
supplementing Regulation (EU) No 305/2011 of the European Parliament and of the 
Council by establishing classes of performance in relation to air permeability for 
rooflights of plastics and glass and roof hatches  
(Text with EEA relevance)  
This draft has not been adopted or endorsed by the European Commission. Any 
views expressed are the preliminary views of the Commission services and may not 
in any circumstances be regarded as stating an official position of the Commission.    
EN 1  EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  DELEGATED  ACT  
Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 
2011 laying down harmonised conditions for the marketing of construction products and 
repealing Council Directive 89/106/EEC1 acknowledges two main alternatives to establish 
classes of performance in relation to the essential characteristics of constructio n products. 
According to Articles 27(1) and 60(f), this can be done by delegated acts of the European 
Commission, whereas Article 27(2) allows for the use of harmonised standards for this 
purpose, on the basis of a revised mandate. In accordance with Artic le 27(2), first 
subparagraph, where the Commission has established such classes, the European 
standardisation bodies shall use those classes in harmonised standards.  
According to the definition comprised in Article 2(7) of Regulation (EU) No 305/2011, 
“class” means a range of levels, delimited by a minimum and a maximum value, of 
performance of a construction product. Classes in Regulation (EU) No 305/2011 are thus 
always expressing a given range of determined performance of the product.  
Moreover, Regulatio n (EU) No 305/2011 does not distinguish, unlike its predecessor Council 
Directive 89/106/EEC, different kinds of classes, depending on their origin. Classes of 
performance established by the European Commission and such classes established by the 
European standardisation bodies are thus to be acknowledged and respected quite in the same 
manner.  
The reference to the European product standard EN 1873:2005 on individual rooflights of 
plastics was first published under Directive 89/106/EEC in the Official Journ al of the 
European Union  in June 20062. This harmonised standard did not contain a classification for 
the performance of the products covered by it in relation to the essential characteristic air 
permeability.  
Recently, the European Committee for Standardi sation (CEN) submitted to the European 
Commission a new version of this standard, EN 1873:2014+A1:2016. This version comprises 
a classification for the performance of the products covered by it in relation to the essential 
characteristic air permeability, with three classes of performance introduced. This standard is 
currently under revision in CEN, so as to cover rooflights of plastics and glass and roof 
hatches. It is foreseen to have three parts in its next version, i.e. EN 1873 -1, EN 1873 -2 and 
EN 1873 -3. All three parts are to contain the said classification.  
The reference to the European product standard EN 14963:2006 on continuous rooflights of 
plastics was first published under Directive 89/106/EEC in the Official Journal of the 
European Union  in Jul y 20093. This harmonised standard did not contain a classification for 
the performance of the products covered by it in relation to the essential characteristic air 
permeability.  
Recently, CEN informed the European Commission that the next revised version of this 
standard will comprise the same classification for the performance of the products covered by 
it in relation to the essential characteristic air permeability as introduced in EN 1873.  
According to the above standards, the assessment of performance in relation to air 
permeability is to be carried out by using different levels of internal pressure, increasing 
                                                 
1 OJ L 88, 4.4.2011, p. 5.  
2 OJ C 134, 8.6.2006, p. 1.  
3 OJ C 152, 4.7.2009, p. 9.   
EN 2  EN stepwise from the level of 4 Pa to the level of 100 Pa. The classification of the results can be 
expressed in a diagram, which depicts the three  classes as rectangles distinguished by straight 
lines between the levels indicating the differentiating outcomes at the internal pressure levels 
4 Pa and 100 Pa.  
Since under the application of Regulation (EU) No 305/2011 the introduction of such new 
class ifications into harmonised standards by the European standardisation bodies themselves 
would require the issuing of new revised mandates, which has not taken place  and which 
would take longer,  it has been considered more opportune to proceed with this draf t Delegated 
Regulation.  
It has not been considered appropriate to include other performance classifications contained 
in the standards at hand within the scope of the draft Delegated Regulation, because pursuant 
to Regulation (EU) No 305/2011 such classif ications comprised in harmonised standards, the 
reference to which has been published under Directive 89/106/EEC in the Official Journal of 
the European Union, are to be deemed applicable under Regulation (EU) No 305/2011 
without any further actions being necessary.  
2. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE  ACT  
The draft Delegated Regulation was discussed in the meeting of the Advisory Group on 
Construction Products4 (the AG) on 15 March 2017. It was also submitted for a written 
consultation of experts between 1 and 31 March 2017. Before these steps, all Member States 
were presented an opportunity to nominate experts to participate. In addition to these experts, 
also other external stakeholders were consulted. The documents discussed in the AG and 
releva nt to the written consultation were transmitted simultaneously to the European 
Parliament and to the Council, as foreseen in the Common Understanding on Delegated Acts. 
The observations presented in these contexts were taken into account when preparing the  final 
draft version of this act for the inter -service consultation.  
It was published for public feedback on the Better Regulation Portal from … to … 2018; 
[wording on feedback and any follow -up to be included subsequently ].  
3. LEGAL  ELEMENTS  OF THE  DELEGATED  ACT  
Pursuant to Article 27 of Regulation (EU) No 305/2011, classes of performance may be 
established in relation to the essential characteristics of construction products. According to 
Articles 27(1) and 60(f), this can be done by delegated acts of the Commission. In accordance 
with Article 27(2), first subparagraph, where the Commission has established such classes, the 
European standardisation bodies shall use those classes in harmonised standards.  
According to Article 2(7) of Regulation (EU) No  305/2011, “class” means a range of levels, 
delimited by a minimum and a maximum value, of performance of a construction product. 
Regulation (EU) No 305/2011 does not distinguish different kinds of classes. Classes of 
performance established by the Commiss ion and such classes established by the European 
standardisation bodies are thus to be acknowledged and respected quite in the same manner.  
Since under the application of Regulation (EU) No 305/2011 the introduction of new 
classifications of performance in to harmonised standards by the European standardisation 
bodies themselves would require the issuing of new revised mandates, which has not taken 
place, it has been considered more opportune to proceed with this draft Delegated Regulation. 
                                                 
4 Code E01329 in the Register of Commission Expert Groups and other Similar Entities   
EN 3  EN For these reasons , the draft Delegated Regulation should be adopted to establish new classes 
of performance for product families mentioned above.  
The draft Delegated Regulation conforms to the principle of proportionality. It results in 
alleviating certain difficulties cau sed by the impact of Regulation (EU) 305/2011 on the 
establishment of classification systems for the performance of construction products, and 
therefore can be assessed to benefit the whole European construction sector.   
EN 4  EN COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
supplementing Regulation (EU) No 305/2011 of the European Parliament and of the 
Council by establishing classes of performance in relation to air permeability for 
rooflights of pla stics and glass and roof hatches  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union , 
Having regard to Regulation (EU) No 305/2011 of the European Parliament and of the 
Council of 9 March 2011 laying down harmonised conditions for the marketing of 
construction products and repealing Council Directive 89/106/EEC5, and in particular Article 
27(1)  thereof,  
Whereas:  
(1) The European standard EN 1873 on individual rooflights of plastics  was initially 
adopted by European Committee for Standardisation (CEN) in 200 5 and the European 
standard EN 14963 on continuous rooflights of plastics in 200 6. Those harmonised 
standards did not  contain  a classification for the performance of the products cover ed 
by it in relation to the essential characteristic air permeability.  
(2) In order to better serve the needs of the market, the new versions of those standards, 
EN 1873 -1, EN 1873 -2 and EN 1873 -3, covering rooflights of plastics and glass and 
roof hatches, as  well as EN 14963 should include a classification for the performance 
of the products covered by them in relation to the essential characteristic air 
permeability . The classification should provide for  three classes of performance . 
(3) In accordance with Artic le 27 of Regulation (EU) No 305/2011 classes of performance 
in relation to essential characteristic of construction products may be established either 
by the Commission or a European standardisation body  on the basis of a revised 
mandate issued by the Comm ission . Given the need to establish additional classes of 
performance as soon as possible, th e new classes  of performance  should be established 
by the Commission . In accordance with Article 27(2) of that Regulation, those classes 
are to be used in harmonis ed standards , 
 
HAS ADOPTED THIS REGULATION:  
Article 1  
Classes of performance in relation to air permeability for rooflights of plastics and glass and 
roof hatches, as set out in the Annex, are established.  
                                                 
5 OJ L 88, 4.4.2011, p. 5.   
EN 5  EN Article 2 
This Regulation shall enter into force o n the twentieth  day following that of its publication in 
the Official Journal of the European Union . 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Jean -Claude Juncker