EN    EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2017) XXX  draft  
  
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
on the conditions for classification, without testing, of cross laminated timber products 
covered by the harmonised standard EN 16351 and laminated veneer lumber products 
covered by the harmonised standard EN 14374 with regard to their fire protection 
ability 
(Text with EEA relevance)    
EN 2   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 empowers the Commission to adopt delegated acts 
to establish classes of performa nce in relation to the essential characteristics of construction 
products. The Regulation also provides that the manufacturers of construction products should 
not be subjected to unnecessary administrative burdens or costs.  
When the performance of certain construction products has already been sufficiently 
demonstrated by stable test results or other existing data, their manufacturers should be 
permitted, under conditions to be specified, to declare a certain class of performance without 
testing or further testing these products, as foreseen in Article 27(5) and Article 36(1)(a) of 
Regulation (EU) No 305/2011. This simplified procedure further reduces administrative 
burdens and costs for manufacturers.  
During the consultation of experts nominated by Member S tates, based on extensive evidence 
on testing results by industry, it has been demonstrated that cross laminated timber products 
covered by the harmonised standard EN 16351 and laminated veneer lumber products covered 
by the harmonised standard EN 14374 ha ve proven to have a stable and predictable 
performance concerning their fire protection ability expressed as resistance to fire , when they 
meet certain conditions. For this reason, the fire protection ability  performance of these 
products can be deemed, wi thout the need for any further testing, to achieve certain classes of 
performance where those conditions are fulfilled.  
This draft Regulation sets out the conditions under which these simplified procedures for 
determining the performance in relation to fir e protection ability of cross laminated timber 
products covered by the harmonised standard EN 16351 and laminated veneer lumber 
products covered by the harmonised standard EN 14374 can be applied.  
2. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE  ACT  
The draft  Regulation was discussed in the meeting of the Advisory Group on Construction 
Products2 (the AG) on 9 December 2016. It was also submitted for a written consultation of 
the experts between 25 November 2016 and 16 January 2017. Before these steps, all Memb er 
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 relevant to the written consultation were transmitted simultane ously 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 co nsultation.  
It was published for public feedback on the Better Regulation Portal from … to … 2017; 
[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 
                                                 
1 OJ L 88, 4.4.2011, p. 5 . 
2 Code E01329 in the Register of Commission Expert Groups and other Similar Entities .  
EN 3   EN Article 27(1), this can be done by delegated acts of the Commission, wherea s Article 27(2) 
allows for the use of harmonised standards for this purpose.  
Moreover, in accordance with Article 27(5), the Commission may establish conditions under 
which a construction product shall be deemed to achieve a certain class of performance 
without testing or without further testing, in order to avoid the unnecessary testing of 
construction products for which performance has already been sufficiently demonstrated by 
stable test results or other existing data.  
These conditions are then to be ful filled when a manufacturer wishes to replace type -testing 
of his product by these levels or classes of performance, as set out in Article 36(1)(a) of 
Regulation (EU) No 305/2011.  
The European classification system established by Commission  Decision  2000/36 7/EC3, 
regarding the fire protection ability expressed as resistance to fire of constru ction products, is 
applicable to cross laminated timber products covered by the harmonised standard EN 16351 
and laminated veneer lumber products covered by the harmonis ed standard EN 14374.  
According to the expert group consultatio ns carried out, the fire protection ability  
performance of cross laminated timber products covered by the harmonised standard EN 
16351 and laminated veneer lumber products covered by the harmon ised standard EN 14374, 
within the classification provided for in De cision  2000/367/EC , is well established. F or this 
reason, the fire p rotection ability  performance of these products can be deemed, without the 
need for any further testing, to achieve a ce rtain class of performance, as defined in the 
European classification system mentioned above.  
The draft Regulation conforms to the principle of proportionality, since adopting a delegated 
act is the most efficient way to achieve the desired outcome, the al leviation of administrative 
burdens, while continuing to guarantee legal certainty. It results in alleviating administrative 
obligations for market actors otherwise to be complied with under Regulation (EU) No 
305/2011, concerning the testing of products u nder its scope.  
                                                 
3 Commission Decision 2000/367/EC of 3 May 2000 implementing Council Directive 89/109/EEC as 
regards the classification of the resistance to fire performance of construction products, construction 
works and parts thereof ( OJ L 133, 6.6.2000, p. 26).   
EN 4   EN COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
on the conditions for classification, without testing, of cross laminated timber products 
covered by the harmonised standard EN 16351 and laminated veneer lumber products 
covered by the harmonised standard EN 14374 with regard to their fire protection 
ability  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treat y 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 Direct ive 89/106/EEC1, and in particular Article 
27(5)  thereof,  
Whereas:  
(1) A system for classifying the performance of construction products with regard to their 
resistance t o fire was adopted by Commission De cision  2000/367/EC2. Cross  
laminated timber products an d laminated veneer lumber products are construction 
products to which that De cision  applies . 
(2) Tests have shown that cross laminated timber products covered by the harmonised 
standard EN 16351 and laminated veneer lumber products covered by the harmonised 
standard EN 14374 have a stable and predictable performance concerning their fire 
protection ability  provided that th ey fulfil  certain conditions regarding the form of the 
product  as well as  its installation, mean  density  and thickness.  
(3) Cross laminated timber products covered by the harmonised standard EN 16351 and 
laminated veneer lumber products covered by the harmonis ed standard EN 14374 
should t herefore be deemed to satisfy certain class es of performance for fire protection 
ability  established by Decisio n 20 00/367/EC  without testing being required , where 
they fulfil those conditions , 
HAS ADOPTED THIS REGULATION:  
Article 1  
Cross laminated timber products covered by the harmonised standard EN 16351 and 
laminated veneer lumber products covered by the harmonised standard EN 14374 which fulfil 
the conditions set out in the Annex shall be deemed to satisfy the classes o f performance 
indicated in the Annex without testing.  
                                                 
1 OJ L 88, 4.4.2011 , p. 5. 
2 Commission Decision 2000/367/EC of 3 May 2000 implementing Council Directive 89/109/EEC as 
regards the classification of the resistance to fire performance of construction products, construction 
works and parts thereof ( OJ L 133, 6.6.2 000, p. 26).   
EN 5   EN Article 2 
This Regulation shall enter into force on the twentieth  day following that of its publication in 
the Official Journal of the European Union . 
This Regulation shall be binding in its entirety an d directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Jean -Claude Juncker