EN    EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2016) XXX  draft  
  
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
on the classification of frost resistance performance for clay tiles under EN 1304 
pursuant to Regulation (EU) No 305/2011 of the European Parliament and of the 
Council  
(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 harmonis ed conditions for the marketing of construction products and 
repealing Council Directive 89/106/EEC1 acknowledges two main alternatives to establish 
classes of performance in relati on 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, 
whereas Article 27(2) allows for the use of harmonised standards for this purpose, on the 
basis of a revised mandate. 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 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 perfor mance of the product.  
Moreover, Regulation (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 Commission and such class es established by the European 
standardisation bodies are thus to be acknowledged and respected quite in the same manner.  
Furthermore, the whole classification of performance would need to be defined open -ended, 
entailing all possible levels of performanc e in relation to a given essential characteristic for 
the products covered by the standard in question. Otherwise, also a threshold level for such 
performance would be established at the same time.  
The reference to the European product standard EN 1304 on clay roofing tiles and fittings was 
first published under Directive 89/106/EEC in the Official Journal of the European Union in 
2005, related to the version EN 1304:2005 of this standard. This version did not contain a 
classification for the performance of  the products covered by it in relation to its essential 
characteristic frost resistance. However, European Committee for Standardisation (CEN) has 
submitted to the Commission a new version of this standard, EN 1304:2013, which comprises 
a classification f or this performance, with three classes of performance introduced.  
The assessment methods for determining the performance of products covered by the standard 
EN 1304 in relation to frost resistance have been gradually harmonised in CEN. From the 
initial si tuation of several national test methods, the first step was taken in 1998, when the 
standard EN 539 -2 was published, containing four test methods. A fifth, comprehensive test 
method was added to EN 539 -2 in its 2006 version and confirmed as the unique har monised 
test method for these purposes in EN 539 -2:2013. The new version of the product standard in 
question, EN 1304:2013, refers to EN 539 -2:2013 as the source of the assessment method to 
be used in this context. The classification included in EN 1304:20 13 corresponds to the 
contents of EN 539 -2:2013. Both the harmonised assessment method and the classification 
linked to it thus represent important steps forward towards the consolidation of the internal 
market for the products in question.  
Within EN 1304, the essential characteristic frost resistance concerns only products intended 
for external use. For such products, it has been deemed necessary to adjust also the scope of 
EN 1304, so as to ensure that the classification foreseen for their performance in relation to 
                                                 
1 OJ L 88, 4.4.2011,  p. 5.  
EN 3   EN frost resistance covers all levels of performance for the products within this scope. The 
development of such a new version of EN 1304 is currently underway in CEN.  
Since under the application of Regulation (EU) No 305/2011 the i ntroduction of such a new 
classification into a harmonised standard by the European standardisation bodies themselves 
would require the issuing of a new revised mandate, which has not taken place, it has been 
considered more opportune to proceed with this draft delegated Regulation.  
It has not been considered appropriate to include other performance classifications contained 
in the standard EN 1304 within the scope of the draft Regulation, because pursuant to 
Regulation (EU) No 305/2011 such classifications  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 necessitated.  
2. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE  ACT  
The draft Regulation was submitted for a written consultation of experts between 22 April and 
27 May 2016. Before that, all Member States were presented an opportunity to nominate 
experts to participate in it. In addition to these experts, also other external stakeholders were 
consulted. The documents 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 this context have been taken 
into account when preparing the final draft version of this act for the inter -service 
consultation.  
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), fir st 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 Commission and such classes established by the European 
standar disation 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 into 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.  
For these reasons, the draft Regulation should be adopted to establish ne w classes of 
performance for clay tiles under the European standard EN 1304.  
The draft Regulation conforms to the principle of proportionality. It results in alleviating 
certain difficulties caused by the impact of Regulation (EU) 305/2011 on the establish ment 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  
on the classification of frost resistance performance for clay tiles under EN 1304 
pursuant to Regulation (EU) No 305/2011 of the European Parliament and of the 
Council  
(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 harmoni sed conditions for the m arketing of 
construction products and repealing Council Directive 89/106/EEC2, and in particular Article 
27(1) thereof,  
Whereas:  
(1) Where the Commission has not established classes  of performance in relation to the 
essential characteristics of construction products , according to Article 27(2) of Regulation 
(EU) No 305/2011 they may be established by the European standardisation bodies, but only 
on the basis of a revised mandate.  
(2) The European product standard EN 1304 on clay roofing tiles and  fittings is a standard 
that has been harmonised  under  Council  Directive 89/106/EEC3 since 2005 . 
(3) A new classification of the frost resistance performance for clay tiles under EN 1304, 
when intended for external use, has been included within the new ver sion of that standard. 
This classification is based on a gradual development of harmonised assessment methods and 
thus represents a step forward for the consolidation of the internal market for the products in 
question.  
(4) For that new classification, a r evised mandate has not been issued . 
(5)  A new classification system to be used for products covered by EN 1304, when 
intended for external use  should therefore be established , 
HAS ADOPTED THIS REGULATION:  
Article 1  
The performance of clay tiles intended f or external use, in relation to their essential 
characteristic frost resistance, shall be classified in accordance with the classification system 
set out in the Annex.  
                                                 
2 OJ L 88, 4.4.2011, p. 5.  
3  Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and 
administrative provisions of the Member States relating to construction products  (OJ L  40, 11.2.1989, 
p. 12 ).  
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