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 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 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 reaction to fire, when they meet certain conditions. For this reason, 
the reaction to fire performance of these products can be deemed, without the need for any 
further testing, to achieve c ertain 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 reaction to fire 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 Gr oup 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 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 relevant to the written consultation were transmitted simultaneously to the European 
Parliament and to the Council, as for eseen 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 … 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 relat ion 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, 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 produ cts 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 pe rformance, as set out in Article 36(1)(a) of 
Regulation (EU) No 305/2011.  
The European classification system established by Commission Delegated Regulation (EU) 
2016/3643, regarding the reaction to fire of construction products, in particular Table 1 and 
Table 2 of its Annex, is applicable to cross laminated timber products covered by the 
harmonised standard EN 16351 and laminated veneer lumber products covered by the 
harmonised standard EN 14374.  
According to the expert group consultations carried out, th e reaction to fire performance of 
cross laminated timber products covered by the harmonised standard EN 16351 and laminated 
veneer lumber products covered by the harmonised standard EN 14374, within the 
classification provided for in Delegated 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 ment ioned 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 certaint y. 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 under its scope.  
                                                 
3 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 cross laminated timber products 
covered by the harmonised standard EN 16351 and laminated veneer lumber p roducts 
covered by the harmonised standard EN 14374 with regard to their reaction to fire  
(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/EEC1, and in particular Article 
27(5)  thereof,  
Whereas:  
(1) A system for classifying the performance of construction products with regard to their 
reaction to fire was adopted by Commission Delegated Regulation (EU) 2016/3642. 
Cross laminated timber products and laminated veneer lumber products are 
construction pro ducts to which that Delegated Regulation 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 predictab le performance concerning their 
reaction to fire provided that they 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 1 6351 and 
laminated veneer lumber products covered by the harmonised standard EN 14374 
should therefore be deemed to satisfy a certain class of performance for reaction to fire 
established by Delegated Regulation (EU) 2016/ 364 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 of performance 
indicated in the Annex without testing.  
                                                 
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 pu rsuant 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 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