EN    EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2016) XXX  draft  
  
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
on the conditions for classification, without testing, of external renders and internal 
plasters based on organic binders covered by the harmonised standard EN 15824 and 
rendering and plastering mortars covered by the harmonised standard EN 998 -1 with 
rega rd to their reaction to fire  
(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 contains an empowerment to the Commission to 
adopt delegated acts to establish classes of  performance 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. Notably, as foreseen in  Article 28 of Regulation (EU) No 305/2011, the Commission 
should choose the least onerous system for assessment and verification of constancy of 
performance, which still could serve appropriately the needs of health, safety and 
environment.  
When the perfo rmance 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 nomi nated by Member States, based on extensive evidence 
on testing results by industry, it has been demonstrated that external renders and internal 
plasters based on organic binders covered by the harmonised standard EN 15824 and 
rendering and plastering morta rs covered by the harmonised standard EN 998 -1 have proven 
to have a stable and predictable performance concerning reaction to fire, when they meet 
certain conditions. For this reason, the reaction to fire performance of these products can be 
deemed, witho ut 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 reacti on to fire of external renders and internal 
plasters based on organic binders covered by the harmonised standard EN 15824 and 
rendering and plastering mortars covered by the harmonised standard EN 998 -1 can be 
applied . 
2. CONSULTATIONS  PRIOR  TO THE  ADOPTIO N OF THE  ACT  
The draft Regulation was discussed firstly in the fire -related subgroup of experts (FireSubAG) 
on 12 March 2015 and then in the meeting of the Advisory Group for Construction (the AG) 
on 8 May 2015. It was also submitted for a written consulta tion of experts between 6 March 
and 8 May 2015. Before these steps, all Member States were presented an opportunity to 
nominate experts to participate in them. In addition to these experts, also other external 
stakeholders were consulted. The documents dis cussed in the FireSubAG and the AG, 
relevant 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  have been taken into account when preparing the 
final draft version of this act for the inter -service consultation.  
                                                 
1 OJ L 88, 4.4.2011, p. 5.  EN 3   EN 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 
Article 27(1), this can be done by delegated acts of the Commission, whereas 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 fulfilled 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 Delegated Regulation (EU) 
2016/3642, regarding the reaction to fire of construction products, in particular Table 1 of its 
Annex, is applicable to external renders and internal plasters based on organic binders 
covered by the harmonised standard EN 15824 and rendering and plastering mortars  covered 
by the harmonised standard EN 998 -1. 
According to the expert group consultations carried out, the reaction to fire performance of 
external renders and internal plasters based on organic binders covered by the harmonised 
standard EN 15824 and rende ring and plastering mortars covered by the harmonised standard 
EN 998 -1, within the classification provided for in Regulation (EU) 2016/364, is well 
established. For this reason, the reaction to fire performance of these products can be deemed, 
without the  need for any further testing, to achieve a certain 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 alleviation 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 (E U) 305/2011, 
concerning the testing of products under its scope.  
                                                 
2 OJ L 68, 15.3.2016 , p. 4.  EN 4   EN COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
on the conditions for classification,  without testing, of external renders and internal 
plasters based on organic binders covered by the harmonised standard EN 15824 and 
rendering and plastering mortars covered by the harmonised standard EN 998 -1 with 
regard to their reaction to fire  
(Text wi th 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/EEC1, and in particular Article 
27(5) thereof,  
Whereas:  
(1) A system for class ifying  the performance  of construction products  with regard to their 
reaction to fire  was adopted in  Commission Delegated Regulation (EU) 2016/3642. 
External renders and internal plasters based on organic binders, as well as rendering 
and plastering mortars are among the construction products to which that  Delegated  
Regulation  applies.  
(2) Tests have shown external renders and internal plasters based on organic binders 
covered by the harmonised standard EN 15824 and rendering and plastering mortars 
covered by the harmonised standard EN 998 -1 to have a stable and predictable 
performance concerning reaction to fire provided that they meet certain conditions 
regarding the maximum organic content of the product, the m aximum mass per unit 
area applied on the substrate and the fire performance of the substrate .  
(3) External renders and internal plasters based on organi c binders covered by the 
harmonised standard EN 15824 and rendering and plastering mortars covered by the 
harmonised standard EN 998 -1 should therefore be deemed to satisfy a certain class of 
performance for reaction to fire established in Delegated Regulation (EU) 2016/364  on 
those conditions without further testing being required,  
HAS ADOPTED THIS REGULATION:  
Article 1  
External renders and internal plasters based on organic binders covered by the harmonised 
standard EN 15824 and rendering and plaste ring mortars covered by the harmonised standard 
                                                 
1 OJ L 88, 4.4.2011, p. 5.  
2 Commission Delegated Regulation (EU) 2016/364 of 1 July 2015 on the classification of the reaction to 
fire performance of construction products  pursuant to Regulation (EU) No 305/2011 of the European 
Parliament and of the Council  (OJ L 68, 15.3.2016 , p. 4 ).  EN 5   EN EN 998 -1 which  fulfil the conditions set out in the Annex shall be deemed to satisfy the 
classes  of performance indicated  in the Annex  without testing . 
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 and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Jean -Claude Juncker