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/EEC  
(Text with EEA relevance)  
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE 
EUROPEAN UNION,  
Having regard to the Treaty on the Functioning of the European 
Union, and in particular Article 114 thereof,  
Having regard to the proposal from the Commission,  
Having regard to the opinion of the European Economic and 
Social Committee (  1 ), 
Acting in accordance with the ordinary legislative procedure (  2 ), 
Whereas:  
(1) The rules of Member States require that construction 
works be designed and executed so as not to endanger 
the safety of persons, domestic animals or property nor 
damage the environment.  
(2) Those rules have a direct influence on the requirements 
of construction products. Those requirements are 
consequently reflected in national product standards, 
national technical approvals and other national 
technical specifications and provisions related to 
construction products. Due to their disparity, those 
requirements hinder trade within the Union.  
(3) This Regulation should not affect the right of Member 
States to specify the requirements they deem necessary to 
ensure the protection of health, the environment and 
workers when using construction products.  (4) Member States have introduced provisions, including 
requirements, relating not only to safety of buildings 
and other construction works but also to health, dura ­
bility, energy economy, protection of the environment, 
economic aspects, and other important aspects in the 
public interest. Laws, regulations, administrative 
measures or case-law, established either at Union or 
Member State level, concerning construction works may 
have an impact on the requirements of construction 
products. Since their effect on the functioning of the 
internal market is likely to be very similar, it is appro ­
priate to consider such laws, regulations, administrative 
measures or case-law as ‘provisions’ for the purposes of 
this Regulation.  
(5) Where applicable, provisions for an intended use or uses 
of a construction product in a Member State, aimed at 
fulfilling basic requirements for construction works, 
determine the essential characteristics the performance 
of which should be declared. In order to avoid an 
empty declaration of performance, at least one of the 
essential characteristics of a construction product which 
are relevant for the declared use or uses should be 
declared.  
(6) 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 (  3 ) aimed to remove technical barriers to trade 
in the field of construction products in order to enhance 
their free movement in the internal market.  
(7) In order to achieve that objective, Directive 89/106/EEC 
provided for the establishment of harmonised standards 
for construction products and provided for the granting 
of European technical approvals.  
(8) Directive 89/106/EEC should be replaced in order to 
simplify and clarify the existing framework, and 
improve the transparency and the effectiveness of the 
existing measures.EN 4.4.2011 Official Journal of the European Union L 88/5  
( 1 ) OJ C 218, 11.9.2009, p. 15.  
( 2 ) Position of the European Parliament of 24 April 2009 (OJ C 184 E, 
8.7.2010, p. 441), position of the Council at first reading of 
13 September 2010 (OJ C 282 E, 19.10.2010, p. 1), position of 
the European Parliament of 18 January 2011 (not yet published in 
the Official Journal) and decision of the Council of 28 February 
2011.  (  3 ) OJ L 40, 11.2.1989, p. 12.(9) This Regulation should take account of the horizontal 
legal framework for the marketing of products in the 
internal market, established by Regulation (EC) No 
765/2008 of the European Parliament and of the 
Council of 9 July 2008 setting out the requirements 
for accreditation and market surveillance relating to the 
marketing of products (  1 ) as well as by Decision No 
768/2008/EC of the European Parliament and of the 
Council of 9 July 2008 on a common framework for 
the marketing of products (  2 ). 
(10) The removal of technical barriers in the field of 
construction may only be achieved by the establishment 
of harmonised technical specifications for the purposes 
of assessing the performance of construction products.  
(11) Those harmonised technical specifications should include 
testing, calculation and other means, defined within 
harmonised standards and European Assessment 
Documents for assessing performance in relation to the 
essential characteristics of construction products.  
(12) The methods used by the Member States in their 
requirements for construction works, as well as other 
national rules relating to the essential characteristics of 
construction products, should be in accordance with 
harmonised technical specifications.  
(13) Where appropriate, classes of performance in relation to 
the essential characteristics of construction products 
should be encouraged to be used in harmonised 
standards, so as to take account of different levels of 
basic requirements for construction works for certain 
construction works as well as of the differences in 
climate, geology and geography and other different 
conditions prevailing in the Member States. On the 
basis of a revised mandate, the European standardisation 
bodies should be entitled to establish such classes in 
cases where the Commission has not already established 
them.  
(14) Where an intended use requires threshold levels in 
relation to any essential characteristic to be fulfilled by 
construction products in Member States, those levels 
should be established in the harmonised technical spec ­
ifications.  
(15) When assessing the performance of a construction 
product, account should also be taken of the health 
and safety aspects related to its use during its entire 
life cycle.  
(16) Threshold levels determined by the Commission pursuant 
to this Regulation should be generally recognised values 
for the essential characteristics of the construction product in question with regard to the provisions in 
Member States and should ensure a high level of 
protection within the meaning of Article 114 of the 
Treaty on the Functioning of the European Union (TFEU).  
(17) Threshold levels can be of a technical or regulatory 
nature, and may be applicable to a single characteristic 
or to a set of characteristics.  
(18) The European Committee for Standardisation (CEN) and 
the European Committee for Electrotechnical Standard ­
isation (Cenelec) are recognised as the competent organi ­
sations for the adoption of harmonised standards in 
accordance with the general guidelines for cooperation 
between the Commission and those two organisations 
signed on 28 March 2003. Manufacturers should use 
those harmonised standards when the references to 
them have been published in the  Official Journal of the 
European Union  and in accordance with the criteria estab ­
lished under Directive 98/34/EC of the European 
Parliament and of the Council of 22 June 1998 laying 
down a procedure for the provision of information in the 
field of technical standards and regulations and of rules 
on Information Society services (  3 ). Once a sufficient level 
of technical and scientific expertise on all the relevant 
aspects is attained, recourse to harmonised standards 
with regard to construction products should be increased, 
including, where appropriate, and after consultation of 
the Standing Committee on Construction, by requiring, 
by means of mandates, that those standards be developed 
on the basis of existing European Assessment 
Documents.  
(19) The procedures under Directive 89/106/EEC for assessing 
performance in relation to the essential characteristics of 
construction products not covered by a harmonised 
standard should be simplified in order to make them 
more transparent and to reduce costs to manufacturers 
of construction products.  
(20) In order to allow a manufacturer of a construction 
product to draw up a declaration of performance for a 
construction product which is not covered or not fully 
covered by a harmonised standard, it is necessary to 
provide for a European Technical Assessment.  
(21) Manufacturers of construction products should be 
allowed to request European Technical Assessments to 
be issued for their products on the basis of the guidelines 
for European technical approval established under 
Directive 89/106/EEC. The right to use those guidelines 
as European Assessment Documents should therefore be 
ensured.EN L 88/6 Official Journal of the European Union 4.4.2011  
( 1 ) OJ L 218, 13.8.2008, p. 30.  
( 2 ) OJ L 218, 13.8.2008, p. 82.  (  3 ) OJ L 204, 21.7.1998, p. 37.(22) The establishment of draft European Assessment 
Documents and the issuing of European Technical 
Assessments should be entrusted to Technical 
Assessment Bodies (hereinafter referred to as ‘TABs’) 
designated by Member States. In order to ensure that 
TABs have the necessary competence for carrying out 
those tasks, the requirements for their designation 
should be set out at Union level.  
(23) TABs should establish an organisation (hereinafter 
referred to as an ‘organisation of TABs’), supported, 
where applicable, through Union financing, to coordinate 
procedures for the establishment of draft European 
Assessment Documents and for the issuing of the 
European Technical Assessments, ensuring the trans ­
parency and the necessary confidentiality of those 
procedures.  
(24) Except in the cases laid down in this Regulation, the 
placing on the market of a construction product which 
is covered by a harmonised standard or for which a 
European Technical Assessment has been issued should 
be accompanied by a declaration of performance in 
relation to the essential characteristics of the construction 
product in accordance with the relevant harmonised 
technical specifications.  
(25) Where applicable, the declaration of performance should 
be accompanied by information on the content of 
hazardous substances in the construction product in 
order to improve the possibilities for sustainable 
construction and to facilitate the development of 
environment-friendly products. Such information should 
be provided without prejudice to the obligations, 
particularly with regard to labelling, laid down in other 
instruments of Union law applicable to hazardous 
substances and should be made available at the same 
time and in the same form as the declaration of 
performance so as to reach all potential users of 
construction products. Information on the content of 
hazardous substances should initially be limited to 
substances referred to in Articles 31 and 33 of Regu ­
lation (EC) No 1907/2006 of the European Parliament 
and of the Council of 18 December 2006 concerning the 
Registration, Evaluation, Authorisation and Restriction of 
Chemicals (REACH), establishing a European Chemicals 
Agency (  1 ). However, the specific need for information 
on the content of hazardous substances in construction 
products should be further investigated with a view to 
completing the range of substances covered so as to 
ensure a high level of protection of the health and 
safety of workers using construction products and of 
users of construction works, including with regard to 
recycling and/or reuse requirements of parts or materials. 
This Regulation is without prejudice to Member States’ 
rights and obligations pursuant to other instruments of Union law that may apply to hazardous substances, in 
particular, Directive 98/8/EC of the European Parliament 
and of the Council of 16 February 1998 concerning the 
placing of biocidal products on the market (  2 ), Directive 
2000/60/EC of the European Parliament and of the 
Council of 23 October 2000 establishing a framework 
for Community action in the field of water policy (  3 ), 
Regulation (EC) No 1907/2006, Directive 2008/98/EC 
of the European Parliament and of the Council of 
19 November 2008 on waste (  4 ) and Regulation (EC) 
No 1272/2008 of the European Parliament and of the 
Council of 16 December 2008 on classification, labelling 
and packaging of substances and mixtures (  5 ). 
(26) It should be possible for the declaration of performance 
to be numbered in accordance with the product-type 
reference number.  
(27) It is necessary to provide for simplified procedures for 
the drawing up of declarations of performance in order 
to alleviate the financial burden of enterprises, in 
particular small and medium-sized enterprises (SMEs).  
(28) In order to ensure that the declaration of performance is 
accurate and reliable, the performance of the 
construction product should be assessed and the 
production in the factory should be controlled in 
accordance with an appropriate system of assessment 
and verification of constancy of performance of the 
construction product. Several systems could be chosen 
to be applied for a given construction product, in 
order to take into account the specific relationship of 
some of its essential characteristics to the basic 
requirements for construction works.  
(29) Given the specificity of construction products and the 
particular focus of the system for their assessment, the 
procedures for the conformity assessment provided for in 
Decision No 768/2008/EC, and the modules set out 
therein, are not appropriate. Specific methods should 
therefore be established for the assessment and verifi ­
cation of constancy of performance in relation to the 
essential characteristics of construction products.  
(30) Due to the difference in the meaning of the CE marking 
for construction products, when compared to the general 
principles set out in Regulation (EC) No 765/2008, 
specific provisions should be put in place to ensure the 
clarity of the obligation to affix the CE marking to 
construction products and the consequences thereof.EN 4.4.2011 Official Journal of the European Union L 88/7  
( 1 ) OJ L 396, 30.12.2006, p. 1.  ( 2 ) OJ L 123, 24.4.1998, p. 1.  
( 3 ) OJ L 327, 22.12.2000, p. 1.  
( 4 ) OJ L 312, 22.11.2008, p. 3.  
( 5 ) OJ L 353, 31.12.2008, p. 1.(31) By affixing the CE marking or having such marking 
affixed to a construction product, manufacturers should 
indicate that they take responsibility for the conformity 
of that product with its declared performance.  
(32) The CE marking should be affixed to all construction 
products for which the manufacturer has drawn up a 
declaration of performance in accordance with this Regu ­
lation. If a declaration of performance has not been 
drawn up, the CE marking should not be affixed.  
(33) The CE marking should be the only marking of 
conformity of the construction product with the 
declared performance and compliance with applicable 
requirements relating to Union harmonisation legislation. 
However, other markings may be used, provided that 
they help to improve the protection of users of 
construction products and are not covered by existing 
Union harmonisation legislation.  
(34) To avoid the unnecessary testing of construction 
products for which performance has already been 
sufficiently demonstrated by stable test results or other 
existing data, the manufacturer should be allowed, under 
conditions set up in the harmonised technical specifi ­
cations or in a Commission decision, to declare a 
certain level or class of performance without testing or 
without further testing.  
(35) To avoid duplicating tests already carried out, a manu ­
facturer of a construction product should be allowed to 
use the test results obtained by a third party.  
(36) Conditions should be defined for the use of simplified 
procedures for the assessment of the performance of 
construction products, in order to reduce as far as 
possible the cost of placing them on the market, 
without reducing the level of safety. The manufacturers 
using such simplified procedures should demonstrate 
appropriately the fulfilment of those conditions.  
(37) In order to enhance the impact of market surveillance 
measures, all simplified procedures provided for in this 
Regulation for the assessment of the performance of 
construction products should apply only to natural or 
legal persons which manufacture the products they 
place on the market.  
(38) To further decrease the cost to micro-enterprises of 
placing construction products, which they have manu ­
factured, on the market, it is necessary to provide for 
simplified procedures for the assessment of performance when the products in question do not imply significant 
safety concerns while complying with the applicable 
requirements, whatever the origin of those requirements. 
Enterprises applying those simplified procedures should, 
in addition, demonstrate that they qualify as micro-enter ­
prises. Moreover, they should follow the applicable 
procedures for verification of constancy of performance 
provided for in the harmonised technical specifications 
for their products.  
(39) For an individually designed and manufactured 
construction product, the manufacturer should be 
allowed to use simplified procedures for the assessment 
of performance, where it can be demonstrated that the 
product placed on the market complies with the 
applicable requirements.  
(40) The interpretative framework for the definition of ‘non- 
series process’, to be applied to different construction 
products covered by this Regulation, should be estab ­
lished by the Commission in consultation with the 
Standing Committee on Construction.  
(41) All economic operators intervening in the supply and 
distribution chain should take appropriate measures to 
ensure that they place or make available on the market 
only construction products which are in compliance with 
the requirements of this Regulation, which aim to ensure 
the performance of construction products and fulfil basic 
requirements for construction works. In particular, 
importers and distributors of construction products 
should be aware of the essential characteristics for 
which there are provisions on the Union market, and 
of the specific requirements in Member States in 
relation to the basic requirements for construction 
works, and should use this knowledge in their 
commercial transactions.  
(42) It is important to ensure the accessibility of national 
technical rules so that enterprises, and in particular 
SMEs, can gather reliable and precise information about 
the law in force in the Member State where they intend 
to place or make available on the market their products. 
Member States should therefore designate Product 
Contact Points for Construction for this purpose. In 
addition to the tasks defined in Article 10(1) of Regu ­
lation (EC) No 764/2008 of the European Parliament and 
of the Council of 9 July 2008 laying down procedures 
relating to the application of certain national technical 
rules to products lawfully marketed in another Member 
State (  1 ), Product Contact Points for Construction should 
also provide information on rules applicable to the incor ­
poration, assembling or installation of a specific type of 
construction product.EN L 88/8 Official Journal of the European Union 4.4.2011  
( 1 ) OJ L 218, 13.8.2008, p. 21.(43) In order to facilitate the free movement of goods, 
Product Contact Points for Construction should 
provide, free of charge, information about provisions 
aimed at fulfilling basic requirements for construction 
works applicable to the intended use of each 
construction product in the territory of each Member 
State. Product Contact Points for Construction may also 
provide economic operators with additional information 
or observations. For additional information, Product 
Contact Points for Construction should be allowed to 
charge fees that are proportionate to the costs of 
providing such information or observations. Member 
States should furthermore ensure that sufficient 
resources are allocated to the Product Contact Points 
for Construction.  
(44) Since the creation of Product Contact Points for 
Construction should not interfere with the allocation of 
functions among competent authorities within the regu ­
latory systems of the Member States, it should be 
possible for Member States to set up Product Contact 
Points for Construction in accordance with regional or 
local competences. Member States should be able to 
entrust the role of Product Contact Points for 
Construction to existing contact points established in 
accordance with other Union instruments, in order to 
prevent the unnecessary proliferation of contact points 
and to simplify administrative procedures. In order not to 
increase administrative costs for enterprises and 
competent authorities, Member States should also be 
able to entrust the role of Product Contact Points for 
Construction not only to existing services within the 
public administration, but also to national SOLVIT 
centres, chambers of commerce, professional organi ­
sations and private bodies.  
(45) The Product Contact Points for Construction should be 
able to carry out their functions in a manner that avoids 
conflicts of interest, particularly in respect of the 
procedures for obtaining the CE marking.  
(46) For the purposes of ensuring an equivalent and 
consistent enforcement of Union harmonisation legis ­
lation, effective market surveillance should be operated 
by the Member States. Regulation (EC) No 765/2008 
provides the basic conditions for the functioning of 
such market surveillance, notably for programmes, 
financing and penalties.  
(47) The responsibility of Member States for safety, health and 
other matters covered by the basic requirements for 
construction works on their territory should be recognised in a safeguard clause providing for appro ­
priate protective measures.  
(48) Since it is necessary to ensure throughout the Union a 
uniform level of performance of bodies carrying out the 
assessment and verification of constancy of performance 
of construction products, and since all such bodies 
should perform their functions to the same level and 
under conditions of fair competition, requirements 
should be set for those bodies seeking to be notified 
for the purposes of this Regulation. Provision should 
also be made for the availability of adequate information 
about such bodies and for their monitoring.  
(49) In order to ensure a coherent level of quality in the 
assessment and verification of constancy of performance 
of construction products, it is also necessary to establish 
requirements applicable to the authorities responsible for 
notifying the bodies carrying out those tasks to the 
Commission and the other Member States.  
(50) In accordance with Article 291 TFEU, rules and general 
principles for the control by Member States of the 
Commission’s exercise of implementing powers are to 
be laid down in advance by a regulation adopted in 
accordance with the ordinary legislative procedure. 
Pending the adoption of that new regulation, Council 
Decision 1999/468/EC of 28 June 1999 laying down 
the procedures for the exercise of implementing powers 
conferred on the Commission (  1 ) continues to apply, with 
the exception of the regulatory procedure with scrutiny, 
which is no longer applicable.  
(51) For the purposes of achieving the objectives of this Regu ­
lation, the Commission should be empowered to adopt 
certain delegated acts in accordance with Article 290 
TFEU. It is of particular importance that the Commission 
carry out appropriate consultations during its preparatory 
work, including at expert level.  
(52) In particular, the Commission should be empowered to 
adopt delegated acts outlining the conditions for the use 
of websites to make available the declaration of 
performance.  
(53) Since a period of time is required to ensure that the 
framework for the proper functioning of this Regulation 
is in place, its application should be deferred with the 
exception of the provisions concerning the designation of 
TABs, notifying authorities and notified bodies, the estab ­
lishment of an organisation of TABs and the estab ­
lishment of the Standing Committee on Construction.EN 4.4.2011 Official Journal of the European Union L 88/9  
( 1 ) OJ L 184, 17.7.1999, p. 23.(54) The Commission and the Member States should, in 
collaboration with stakeholders, launch information 
campaigns to inform the construction sector, particularly 
economic operators and users of construction products, 
of the establishment of a common technical language, 
the distribution of responsibilities between individual 
economic operators and users, the affixing of the CE 
marking on construction products, the revision of the 
basic requirements for construction works and the 
systems of assessment and verification of constancy of 
performance.  
(55) The basic requirement for construction works on 
sustainable use of natural resources should notably take 
into account the recyclability of construction works, their 
materials and parts after demolition, the durability of 
construction works and the use of environmentally 
compatible raw and secondary materials in construction 
works.  
(56) For the assessment of the sustainable use of resources 
and of the impact of construction works on the 
environment Environmental Product Declarations 
should be used when available.  
(57) Wherever possible, uniform European methods should be 
laid down for establishing compliance with the basic 
requirements set out in Annex I.  
(58) Since the objective of this Regulation, namely to achieve 
the proper functioning of the internal market for 
construction products by means of harmonised 
technical specifications to express the performance of 
construction products, cannot be sufficiently achieved 
by the Member States and can therefore, by reason of 
its scale and effects, be better achieved at Union level, the 
Union may adopt measures, in accordance with the 
principle of subsidiarity as set out in Article 5 of the 
Treaty on European Union. In accordance with the 
principle of proportionality, as set out in that Article, 
this Regulation does not go beyond what is necessary 
in order to achieve that objective,  
HAVE ADOPTED THIS REGULATION:  
CHAPTER I  
GENERAL PROVISIONS  
Article 1  
Subject matter  
This Regulation lays down conditions for the placing or making 
available on the market of construction products by establishing harmonised rules on how to express the performance of 
construction products in relation to their essential characteristics 
and on the use of CE marking on those products.  
Article 2  
Definitions  
For the purposes of this Regulation the following definitions 
shall apply:  
1. ‘construction product’ means any product or kit which is 
produced and placed on the market for incorporation in a 
permanent manner in construction works or parts thereof 
and the performance of which has an effect on the 
performance of the construction works with respect to 
the basic requirements for construction works;  
2. ‘kit’ means a construction product placed on the market by 
a single manufacturer as a set of at least two separate 
components that need to be put together to be incor ­
porated in the construction works;  
3. ‘construction works’ means buildings and civil engineering 
works;  
4. ‘essential characteristics’ means those characteristics of the 
construction product which relate to the basic requirements 
for construction works;  
5. ‘performance of a construction product’ means the 
performance related to the relevant essential characteristics, 
expressed by level or class, or in a description;  
6. ‘level’ means the result of the assessment of the 
performance of a construction product in relation to its 
essential characteristics, expressed as a numerical value;  
7. ‘class’ means a range of levels, delimited by a minimum and 
a maximum value, of performance of a construction 
product;  
8. ‘threshold level’ means a minimum or maximum 
performance level of an essential characteristic of a 
construction product;  
9. ‘product-type’ means the set of representative performance 
levels or classes of a construction product, in relation to its 
essential characteristics, produced using a given combi ­
nation of raw materials or other elements in a specific 
production process;  
10. ‘harmonised technical specifications’ means harmonised 
standards and European Assessment Documents;EN L 88/10 Official Journal of the European Union 4.4.201111. ‘harmonised standard’ means a standard adopted by one of 
the European standardisation bodies listed in Annex I to 
Directive 98/34/EC, on the basis of a request issued by the 
Commission, in accordance with Article 6 of that Directive;  
12. ‘European Assessment Document’ means a document 
adopted by the organisation of TABs for the purposes of 
issuing European Technical Assessments;  
13. ‘European Technical Assessment’ means the documented 
assessment of the performance of a construction product, 
in relation to its essential characteristics, in accordance with 
the respective European Assessment Document;  
14. ‘intended use’ means the intended use of the construction 
product as defined in the applicable harmonised technical 
specification;  
15. ‘Specific Technical Documentation’ means documentation 
demonstrating that methods within the applicable system 
for assessment and verification of constancy of 
performance have been replaced by other methods, 
provided that the results obtained by those other 
methods are equivalent to the results obtained by the test 
methods of the corresponding harmonised standard;  
16. ‘making available on the market’ means any supply of a 
construction product for distribution or use on the Union 
market in the course of a commercial activity, whether in 
return for payment or free of charge;  
17. ‘placing on the market’ means the first making available of 
a construction product on the Union market;  
18. ‘economic operator’ means the manufacturer, importer, 
distributor or authorised representative;  
19. ‘manufacturer’ means any natural or legal person who 
manufactures a construction product or who has such a 
product designed or manufactured, and markets that 
product under his name or trademark;  
20. ‘distributor’ means any natural or legal person in the supply 
chain, other than the manufacturer or the importer, who 
makes a construction product available on the market;  
21. ‘importer’ means any natural or legal person established 
within the Union, who places a construction product 
from a third country on the Union market;  22. ‘authorised representative’ means any natural or legal 
person established within the Union who has received a 
written mandate from a manufacturer to act on his 
behalf in relation to specified tasks;  
23. ‘withdrawal’ means any measure aimed at preventing a 
construction product in the supply chain from being 
made available on the market;  
24. ‘recall’ means any measure aimed at achieving the return of 
a construction product that has already been made available 
to the end-user;  
25. ‘accreditation’ has the meaning assigned to it by Regulation 
(EC) No 765/2008;  
26. ‘factory production control’ means the documented, 
permanent and internal control of production in a 
factory, in accordance with the relevant harmonised 
technical specifications;  
27. ‘micro-enterprise’ means a micro-enterprise as defined in 
the Commission Recommendation of 6 May 2003 
concerning the definition of micro, small and medium- 
sized enterprises (  1 ); 
28. ‘life cycle’ means the consecutive and interlinked stages of a 
construction product’s life, from raw material acquisition or 
generation from natural resources to final disposal.  
Article 3  
Basic requirements for construction works and essential 
characteristics of construction products  
1. The basic requirements for construction works set out in 
Annex I shall constitute the basis for the preparation of stan ­
dardisation mandates and harmonised technical specifications.  
2. The essential characteristics of construction products shall 
be laid down in harmonised technical specifications in relation 
to the basic requirements for construction works.  
3. For specific families of construction products covered by a 
harmonised standard, the Commission shall, where appropriate 
and in relation to their intended uses as defined in harmonised 
standards, determine by means of delegated acts in accordance 
with Article 60, those essential characteristics for which the 
manufacturer shall declare the performance of the product 
when it is placed on the market.EN 4.4.2011 Official Journal of the European Union L 88/11  
( 1 ) OJ L 124, 20.5.2003, p. 36.Where appropriate, the Commission shall also determine, by 
means of delegated acts in accordance with Article 60, the 
threshold levels for the performance in relation to the 
essential characteristics to be declared.  
CHAPTER II  
DECLARATION OF PERFORMANCE AND CE MARKING  
Article 4  
Declaration of performance  
1. When a construction product is covered by a harmonised 
standard or conforms to a European Technical Assessment 
which has been issued for it, the manufacturer shall draw up 
a declaration of performance when such a product is placed on 
the market.  
2. When a construction product is covered by a harmonised 
standard or conforms to a European Technical Assessment 
which has been issued for it, information in any form about 
its performance in relation to the essential characteristics, as 
defined in the applicable harmonised technical specification, 
may be provided only if included and specified in the 
declaration of performance except where, in accordance with 
Article 5, no declaration of performance has been drawn up.  
3. By drawing up the declaration of performance, the manu ­
facturer shall assume responsibility for the conformity of the 
construction product with such declared performance. In the 
absence of objective indications to the contrary, Member 
States shall presume the declaration of performance drawn up 
by the manufacturer to be accurate and reliable.  
Article 5  
Derogations from drawing up a declaration of performance  
By way of derogation from Article 4(1) and in the absence of 
Union or national provisions requiring the declaration of 
essential characteristics where the construction products are 
intended to be used, a manufacturer may refrain from 
drawing up a declaration of performance when placing a 
construction product covered by a harmonised standard on 
the market where:  
(a) the construction product is individually manufactured or 
custom-made in a non-series process in response to a 
specific order, and installed in a single identified 
construction work, by a manufacturer who is responsible 
for the safe incorporation of the product into the 
construction works, in compliance with the applicable 
national rules and under the responsibility of those responsible for the safe execution of the construction 
works designated under the applicable national rules;  
(b) the construction product is manufactured on the 
construction site for its incorporation in the respective 
construction works in compliance with the applicable 
national rules and under the responsibility of those 
responsible for the safe execution of the construction 
works designated under the applicable national rules; or  
(c) the construction product is manufactured in a traditional 
manner or in a manner appropriate to heritage conservation 
and in a non-industrial process for adequately renovating 
construction works officially protected as part of a 
designated environment or because of their special archi ­
tectural or historic merit, in compliance with the applicable 
national rules.  
Article 6  
Content of the declaration of performance  
1. The declaration of performance shall express the 
performance of construction products in relation to the 
essential characteristics of those products in accordance with 
the relevant harmonised technical specifications.  
2. The declaration of performance shall contain, in particular, 
the following information:  
(a) the reference of the product-type for which the declaration 
of performance has been drawn up;  
(b) the system or systems of assessment and verification of 
constancy of performance of the construction product, as 
set out in Annex V;  
(c) the reference number and date of issue of the harmonised 
standard or the European Technical Assessment which has 
been used for the assessment of each essential characteristic;  
(d) where applicable, the reference number of the Specific 
Technical Documentation used and the requirements with 
which the manufacturer claims the product complies.  
3. The declaration of performance shall in addition contain:  
(a) the intended use or uses for the construction product, in 
accordance with the applicable harmonised technical spec ­
ification;  
(b) the list of essential characteristics, as determined in the 
harmonised technical specification for the declared 
intended use or uses;EN L 88/12 Official Journal of the European Union 4.4.2011(c) the performance of at least one of the essential char ­
acteristics of the construction product, relevant for the 
declared intended use or uses;  
(d) where applicable, the performance of the construction 
product, by levels or classes, or in a description, if 
necessary based on a calculation in relation to its essential 
characteristics determined in accordance with Article 3(3);  
(e) the performance of those essential characteristics of the 
construction product which are related to the intended 
use or uses, taking into consideration the provisions in 
relation to the intended use or uses where the manufacturer 
intends the product to be made available on the market;  
(f) for the listed essential characteristics for which no 
performance is declared, the letters ‘NPD’ (No Performance 
Determined);  
(g) when a European Technical Assessment has been issued for 
that product, the performance, by levels or classes, or in a 
description, of the construction product in relation to all 
essential characteristics contained in the corresponding 
European Technical Assessment.  
4. The declaration of performance shall be drawn up using 
the model set out in Annex III.  
5. The information referred to in Article 31 or, as the case 
may be, in Article 33 of Regulation (EC) No 1907/2006, shall 
be provided together with the declaration of performance.  
Article 7  
Supply of the declaration of performance  
1. A copy of the declaration of performance of each product 
which is made available on the market shall be supplied either 
in paper form or by electronic means.  
However, where a batch of the same product is supplied to a 
single user, it may be accompanied by a single copy of the 
declaration of performance either in paper form or by electronic 
means.  
2. A paper copy of the declaration of performance shall be 
supplied if the recipient requests it.  
3. By way of derogation from paragraphs 1 and 2, the copy 
of the declaration of performance may be made available on a 
web site in accordance with conditions to be established by the 
Commission by means of delegated acts in accordance with 
Article 60. Such conditions shall, inter alia, guarantee that the declaration of performance remains available at least for the 
period referred to in Article 11(2).  
4. The declaration of performance shall be supplied in the 
language or the languages required by the Member State where 
the product is made available.  
Article 8  
General principles and use of CE marking  
1. The general principles set out in Article 30 of Regulation 
(EC) No 765/2008 shall apply to the CE marking.  
2. The CE marking shall be affixed to those construction 
products for which the manufacturer has drawn up a 
declaration of performance in accordance with Articles 4 and 6.  
If a declaration of performance has not been drawn up by the 
manufacturer in accordance with Articles 4 and 6, the CE 
marking shall not be affixed.  
By affixing or having affixed the CE marking, manufacturers 
indicate that they take responsibility for the conformity of the 
construction product with the declared performance as well as 
the compliance with all applicable requirements laid down in 
this Regulation and in other relevant Union harmonisation 
legislation providing for its affixing.  
The rules for affixing the CE marking provided for in other 
relevant Union harmonisation legislation shall apply without 
prejudice to this paragraph.  
3. For any construction product covered by a harmonised 
standard, or for which a European Technical Assessment has 
been issued, the CE marking shall be the only marking which 
attests conformity of the construction product with the declared 
performance in relation to the essential characteristics, covered 
by that harmonised standard or by the European Technical 
Assessment.  
In this respect, Member States shall not introduce any references 
or shall withdraw any references in national measures to a 
marking attesting conformity with the declared performance 
in relation to the essential characteristics covered by a 
harmonised standard other than the CE marking.  
4. A Member State shall not prohibit or impede, within its 
territory or under its responsibility, the making available on the 
market or the use of construction products bearing the CE 
marking, when the declared performances correspond to the 
requirements for such use in that Member State.EN 4.4.2011 Official Journal of the European Union L 88/135. A Member State shall ensure that the use of construction 
products bearing the CE marking shall not be impeded by rules 
or conditions imposed by public bodies or private bodies acting 
as a public undertaking, or acting as a public body on the basis 
of a monopoly position or under a public mandate, when the 
declared performances correspond to the requirements for such 
use in that Member State.  
6. The methods used by the Member States in their 
requirements for construction works, as well as other national 
rules in relation to the essential characteristics of construction 
products, shall be in accordance with harmonised standards.  
Article 9  
Rules and conditions for the affixing of CE marking  
1. The CE marking shall be affixed visibly, legibly and 
indelibly to the construction product or to a label attached to 
it. Where this is not possible or not warranted on account of 
the nature of the product, it shall be affixed to the packaging or 
to the accompanying documents.  
2. The CE marking shall be followed by the two last digits of 
the year in which it was first affixed, the name and the 
registered address of the manufacturer, or the identifying 
mark allowing identification of the name and address of the 
manufacturer easily and without any ambiguity, the unique 
identification code of the product-type, the reference number 
of the declaration of performance, the level or class of the 
performance declared, the reference to the harmonised 
technical specification applied, the identification number of 
the notified body, if applicable, and the intended use as laid 
down in the harmonised technical specification applied.  
3. The CE marking shall be affixed before the construction 
product is placed on the market. It may be followed by a 
pictogram or any other mark notably indicating a special risk 
or use.  
Article 10  
Product Contact Points for Construction  
1. Member States shall designate Product Contact Points for 
Construction pursuant to Article 9 of Regulation (EC) No 
764/2008.  
2. Articles 10 and 11 of Regulation (EC) No 764/2008 shall 
apply to Product Contact Points for Construction.  
3. With regard to the tasks defined in Article 10(1) of Regu ­
lation (EC) No 764/2008, each Member State shall ensure that 
the Product Contact Points for Construction provide 
information, using transparent and easily understandable 
terms, on the provisions within its territory aimed at fulfilling basic requirements for construction works applicable for the 
intended use of each construction product, as provided for in 
Article 6(3)(e) of this Regulation.  
4. Product Contact Points for Construction shall be able to 
carry out their functions in a manner that avoids conflicts of 
interest, particularly in respect of the procedures for obtaining 
the CE marking.  
CHAPTER III  
OBLIGATIONS OF ECONOMIC OPERATORS  
Article 11  
Obligations of manufacturers  
1. Manufacturers shall draw up a declaration of performance 
in accordance with Articles 4 and 6, and affix the CE marking 
in accordance with Articles 8 and 9.  
Manufacturers shall, as the basis for the declaration of 
performance, draw up technical documentation describing all 
the relevant elements related to the required system of 
assessment and verification of constancy of performance.  
2. Manufacturers shall keep the technical documentation and 
the declaration of performance for a period of 10 years after the 
construction product has been placed on the market.  
Where appropriate, the Commission may, by means of 
delegated acts in accordance with Article 60, amend that 
period for families of construction products on the basis of 
the expected life or part played by the construction product 
in the construction works.  
3. Manufacturers shall ensure that procedures are in place to 
ensure that series production maintains the declared 
performance. Changes in the product-type and in the applicable 
harmonised technical specifications shall be adequately taken 
into account.  
Manufacturers shall, where deemed appropriate with regard to 
ensuring the accuracy, reliability and stability of the declared 
performance of a construction product, carry out sample 
testing of construction products placed or made available on 
the market, investigate, and, if necessary, keep a register of 
complaints, of non-conforming products and of product 
recalls, and keep distributors informed of any such monitoring.  
4. Manufacturers shall ensure that their construction 
products bear a type, batch or serial number or any other 
element allowing their identification, or, where the size or 
nature of the product does not allow it, that the required 
information is provided on the packaging or in a document 
accompanying the construction product.EN L 88/14 Official Journal of the European Union 4.4.20115. Manufacturers shall indicate on the construction product 
or, where that is not possible, on its packaging or in a 
document accompanying it, their name, registered trade name 
or registered trade mark and their contact address. The address 
shall indicate a single point at which the manufacturer can be 
contacted.  
6. When making a construction product available on the 
market, manufacturers shall ensure that the product is accom ­
panied by instructions and safety information in a language 
determined by the Member State concerned which can be 
easily understood by users.  
7. Manufacturers who consider or have reason to believe that 
a construction product which they have placed on the market is 
not in conformity with the declaration of performance or not in 
compliance with other applicable requirements in this Regu ­
lation, shall immediately take the necessary corrective 
measures to bring that construction product into conformity, 
or, if appropriate, to withdraw or recall it. Furthermore, where 
the product presents a risk, manufacturers shall immediately 
inform the competent national authorities of the Member 
States in which they made the construction product available 
to that effect, giving details, in particular, of the non-compliance 
and of any corrective measures taken.  
8. Manufacturers shall, further to a reasoned request from a 
competent national authority, provide it with all the 
information and documentation necessary to demonstrate the 
conformity of the construction product with the declaration of 
performance and compliance with other applicable requirements 
in this Regulation, in a language which can be easily understood 
by that authority. They shall cooperate with that authority, at its 
request, on any action taken to eliminate the risks posed by 
construction products which they have placed on the market.  
Article 12  
Authorised representatives  
1. A manufacturer may appoint, by written mandate, an 
authorised representative.  
The drawing up of technical documentation shall not form part 
of the authorised representative’s mandate.  
2. An authorised representative shall perform the tasks 
specified in the mandate. The mandate shall allow the au- 
thorised representative to carry out at least the following tasks:  
(a) keep the declaration of performance and the technical docu ­
mentation at the disposal of national surveillance authorities 
for the period referred to in Article 11(2);  (b) further to a reasoned request from a competent national 
authority, provide that authority with all the information 
and documentation necessary to demonstrate the 
conformity of the construction product with the declaration 
of performance and compliance with other applicable 
requirements in this Regulation;  
(c) cooperate with the competent national authorities, at their 
request, on any action taken to eliminate the risks posed by 
construction products covered by the mandate of the au- 
thorised representative.  
Article 13  
Obligations of importers  
1. Importers shall place on the Union market only 
construction products which are compliant with the applicable 
requirements of this Regulation.  
2. Before placing a construction product on the market, 
importers shall ensure that the assessment and the verification 
of constancy of performance has been carried out by the manu ­
facturer. They shall ensure that the manufacturer has drawn up 
the technical documentation referred to in the second 
subparagraph of Article 11(1) and the declaration of 
performance in accordance with Articles 4 and 6. They shall 
also ensure that the product, where required, bears the CE 
marking, that the product is accompanied by the required 
documents and that the manufacturer has complied with the 
requirements set out in Article 11(4) and (5).  
Where an importer considers or has reason to believe that the 
construction product is not in conformity with the declaration 
of performance or not in compliance with other applicable 
requirements in this Regulation, the importer shall not place 
the construction product on the market until it conforms to 
the accompanying declaration of performance and it complies 
with the other applicable requirements in this Regulation or 
until the declaration of performance is corrected. Furthermore, 
where the construction product presents a risk, the importer 
shall inform the manufacturer and the market surveillance 
authorities thereof.  
3. Importers shall indicate on the construction product or, 
where that is not possible, on its packaging or in a document 
accompanying the product their name, registered trade name or 
registered trade mark and their contact address.  
4. Importers shall ensure that, when making a construction 
product available on the market, the product is accompanied by 
instructions and safety information in a language determined by 
the Member State concerned which can be easily understood by 
users.EN 4.4.2011 Official Journal of the European Union L 88/155. Importers shall ensure that, while a construction product 
is under their responsibility, storage or transport conditions do 
not jeopardise its conformity with the declaration of 
performance and compliance with other applicable requirements 
in this Regulation.  
6. Importers shall, when deemed appropriate with regard to 
ensuring the accuracy, reliability and stability of the declared 
performance of a construction product, carry out sample 
testing of construction products placed or made available on 
the market, investigate, and, if necessary, keep a register of 
complaints, of non-conforming products and of product 
recalls, and shall keep distributors informed of any such moni ­
toring.  
7. Importers who consider or have reason to believe that a 
construction product which they have placed on the market is 
not in conformity with the declaration of performance or not in 
compliance with other applicable requirements in this Regu ­
lation, shall immediately take the necessary corrective 
measures to bring that construction product into conformity, 
or, where appropriate, to withdraw or recall it. Furthermore, 
where the product presents a risk, importers shall immediately 
inform the competent national authorities of the Member States 
in which they made the construction product available thereof, 
giving details, in particular, of the non-compliance and of any 
corrective measures taken.  
8. Importers shall, for the period referred to in Article 11(2), 
keep a copy of the declaration of performance at the disposal of 
the market surveillance authorities and ensure that the technical 
documentation is made available to those authorities, upon 
request.  
9. Importers shall, further to a reasoned request from a 
competent national authority, provide it with all the 
information and documentation necessary to demonstrate the 
conformity of the construction product with the declaration of 
performance and compliance with other applicable requirements 
in this Regulation, in a language which can be easily understood 
by that authority. They shall cooperate with that authority, at its 
request, on any action taken to eliminate the risks posed by 
construction products which they have placed on the market.  
Article 14  
Obligations of distributors  
1. When making a construction product available on the 
market, distributors shall act with due care in relation to the 
requirements of this Regulation.  
2. Before making a construction product available on the 
market distributors shall ensure that the product, where 
required, bears the CE marking and is accompanied by the 
documents required under this Regulation and by instructions 
and safety information in a language determined by the Member 
State concerned which can be easily understood by users. 
Distributors shall also ensure that the manufacturer and the importer have complied with the requirements set out in 
Article 11(4) and (5) and Article 13(3) respectively.  
Where a distributor considers or has reason to believe that a 
construction product is not in conformity with the declaration 
of performance or not in compliance with other applicable 
requirements in this Regulation, the distributor shall not make 
the product available on the market until it conforms to the 
accompanying declaration of performance and it complies with 
the other applicable requirements in this Regulation or until the 
declaration of performance is corrected. Furthermore, where the 
product presents a risk, the distributor shall inform the manu ­
facturer or the importer thereof, and the market surveillance 
authorities.  
3. A distributor shall ensure that, while a construction 
product is under his responsibility, storage or transport 
conditions do not jeopardise its conformity with the declaration 
of performance and compliance with other applicable 
requirements in this Regulation.  
4. Distributors who consider or have reason to believe that a 
construction product which they have made available on the 
market is not in conformity with the declaration of 
performance or not in compliance with other applicable 
requirements in this Regulation, shall make sure that the 
corrective measures necessary to bring that product in 
conformity, to withdraw it or recall it, as appropriate, are 
taken. Furthermore, where the product presents a risk, 
distributors shall immediately inform the competent national 
authorities of the Member States in which they made the 
product available thereof, giving details, in particular, of the 
non-compliance and of any corrective measures taken.  
5. Distributors shall, further to a reasoned request from a 
competent national authority, provide it with all the 
information and documentation necessary to demonstrate the 
conformity of the construction product with the declaration of 
performance and compliance with other applicable requirements 
in this Regulation in a language which can be easily understood 
by that authority. They shall cooperate with that authority, at its 
request, on any action taken to eliminate the risks posed by 
construction products which they have made available on the 
market.  
Article 15  
Cases in which obligations of manufacturers apply to 
importers and distributors  
An importer or distributor shall be considered a manufacturer 
for the purposes of this Regulation and shall be subject to the 
obligations of a manufacturer pursuant to Article 11, where he 
places a product on the market under his name or trademark or 
modifies a construction product already placed on the market in 
such a way that conformity with the declaration of performance 
may be affected.EN L 88/16 Official Journal of the European Union 4.4.2011Article 16  
Identification of economic operators  
For the period referred to in Article 11(2), economic operators 
shall, on request, identify the following to market surveillance 
authorities:  
(a) any economic operator who has supplied them with a 
product;  
(b) any economic operator to whom they have supplied a 
product.  
CHAPTER IV  
HARMONISED TECHNICAL SPECIFICATIONS  
Article 17  
Harmonised standards  
1. Harmonised standards shall be established by the 
European standardisation bodies listed in Annex I to Directive 
98/34/EC on the basis of requests (hereinafter referred to as 
‘mandates’) issued by the Commission in accordance with 
Article 6 of that Directive after having consulted the Standing 
Committee on Construction referred to in Article 64 of this 
Regulation (hereinafter referred to as ‘Standing Committee on 
Construction’).  
2. Where stakeholders are involved in the process of 
developing harmonised standards pursuant to this Article, the 
European standardisation bodies shall ensure that the various 
categories of stakeholders are in all instances represented in a 
fair and equitable manner.  
3. Harmonised standards shall provide the methods and the 
criteria for assessing the performance of the construction 
products in relation to their essential characteristics.  
When provided for in the relevant mandate, a harmonised 
standard shall refer to an intended use of products to be 
covered by it.  
Harmonised standards shall, where appropriate and without 
endangering the accuracy, reliability or stability of the results, 
provide methods less onerous than testing for assessing the 
performance of the construction products in relation to their 
essential characteristics.  
4. The European standardisation bodies shall determine in 
harmonised standards the applicable factory production 
control, which shall take into account the specific conditions 
of the manufacturing process of the construction product 
concerned.  The harmonised standard shall include technical details 
necessary for the implementation of the system of assessment 
and verification of constancy of performance.  
5. The Commission shall assess the conformity of 
harmonised standards established by the European standard ­
isation bodies with the relevant mandates.  
The Commission shall publish in the  Official Journal of the 
European Union  the list of references of harmonised standards 
which are in conformity with the relevant mandates.  
The following shall be indicated for each harmonised standard 
in the list:  
(a) references of superseded harmonised technical specifications, 
if any;  
(b) date of the beginning of the coexistence period;  
(c) date of the end of the coexistence period.  
The Commission shall publish any updates to that list.  
From the date of the beginning of the coexistence period it shall 
be possible to use a harmonised standard to make a declaration 
of performance for a construction product covered by it. 
National standardisation bodies are under the obligation to 
transpose the harmonised standards in conformity with 
Directive 98/34/EC.  
Without prejudice to Articles 36 to 38, from the date of the 
end of the coexistence period, the harmonised standard shall be 
the only means used for drawing up a declaration of 
performance for a construction product covered by it.  
At the end of the coexistence period, conflicting national 
standards shall be withdrawn and Member States shall 
terminate the validity of all conflicting national provisions.  
Article 18  
Formal objection against harmonised standards  
1. When a Member State or the Commission considers that a 
harmonised standard does not entirely satisfy the requirements 
set out in the relevant mandate, the Member State concerned or 
the Commission, after having consulted the Standing 
Committee on Construction, shall bring the matter before the 
Committee set up pursuant to Article 5 of Directive 98/34/EC, 
giving its arguments. That Committee shall, after having 
consulted the relevant European standardisation bodies deliver 
its opinion without delay.EN 4.4.2011 Official Journal of the European Union L 88/172. In the light of the opinion of the Committee set up 
pursuant to Article 5 of Directive 98/34/EC, the Commission 
shall decide to publish, not to publish, to publish with 
restriction, to maintain, to maintain with restriction or to 
withdraw the references to the harmonised standard 
concerned in the  Official Journal of the European Union . 
3. The Commission shall inform the European standard ­
isation body concerned of its decision and, if necessary, 
request the revision of the harmonised standard concerned.  
Article 19  
European Assessment Document  
1. Following a request for a European Technical Assessment 
by a manufacturer, a European Assessment Document shall be 
drawn up and adopted by the organisation of TABs for any 
construction product not covered or not fully covered by a 
harmonised standard, for which the performance in relation 
to its essential characteristics cannot be entirely assessed 
according to an existing harmonised standard, because, inter 
alia:  
(a) the product does not fall within the scope of any existing 
harmonised standard;  
(b) for at least one essential characteristic of that product, the 
assessment method provided for in the harmonised standard 
is not appropriate; or  
(c) the harmonised standard does not provide for any 
assessment method in relation to at least one essential char ­
acteristic of that product.  
2. The procedure for adopting the European Assessment 
Document shall respect the principles set out in Article 20 
and shall comply with Article 21 and Annex II.  
3. The Commission may adopt delegated acts in accordance 
with Article 60 to amend Annex II and establish supplementary 
procedural rules for the development and adoption of a 
European Assessment Document.  
4. Where appropriate, the Commission, after having 
consulted the Standing Committee on Construction, shall take 
existing European Assessment Documents as a basis for the 
mandates to be issued pursuant to Article 17(1) with a view 
to developing harmonised standards as regards the products 
referred to in paragraph 1 of this Article.  
Article 20  
Principles for the development and adoption of European 
Assessment Documents  
1. The procedure for developing and adopting European 
Assessment Documents shall:  (a) be transparent to the manufacturer concerned;  
(b) define appropriate mandatory time limits in order to avoid 
unjustified delay;  
(c) take appropriately into account the protection of 
commercial secrecy and confidentiality;  
(d) allow for adequate participation by the Commission;  
(e) be cost-effective for the manufacturer; and  
(f) ensure sufficient collegiality and coordination amongst 
TABs designated for the product in question.  
2. The TABs shall, together with the organisation of TABs, 
bear the full costs of the development and adoption of 
European Assessment Documents.  
Article 21  
Obligations of the TAB receiving a request for a European 
Technical Assessment  
1. The TAB receiving a request for a European Technical 
Assessment shall inform the manufacturer if the construction 
product is covered, fully or partially, by a harmonised technical 
specification as follows:  
(a) where the product is fully covered by a harmonised 
standard, the TAB shall inform the manufacturer that, in 
accordance with Article 19(1), a European Technical 
Assessment cannot be issued;  
(b) where the product is fully covered by a European 
Assessment Document, the TAB shall inform the manu ­
facturer that such a document will be used as the basis 
for the European Technical Assessment to be issued;  
(c) where the product is not covered, or not fully covered, by 
any harmonised technical specification, the TAB shall apply 
the procedures set out in Annex II or those established in 
accordance with Article 19(3).  
2. In the cases referred to in points (b) and (c) of paragraph 
1, the TAB shall inform the organisation of TABs and the 
Commission of the content of the request and of the 
reference to a relevant Commission decision for assessment 
and verification of constancy of performance, which the TAB 
intends to apply for that product, or of the lack of such a 
Commission decision.EN L 88/18 Official Journal of the European Union 4.4.20113. If the Commission considers that an appropriate decision 
for assessment and verification of constancy of performance 
does not exist for the construction product, Article 28 shall 
apply.  
Article 22  
Publication  
European Assessment Documents adopted by the organisation 
of TABs shall be sent to the Commission, which shall publish a 
list of references of the final European Assessment Documents 
in the  Official Journal of the European Union . 
The Commission shall publish any updates to that list.  
Article 23  
Dispute resolution in cases of disagreement between TABs  
If the TABs do not agree upon the European Assessment 
Document within the time limits provided for, the organisation 
of TABs shall submit this matter to the Commission for appro ­
priate resolution.  
Article 24  
Content of the European Assessment Document  
1. A European Assessment Document shall contain, at least, 
a general description of the construction product, the list of 
essential characteristics, relevant for the intended use of the 
product as foreseen by the manufacturer and agreed between 
the manufacturer and the organisation of TABs, as well as the 
methods and criteria for assessing the performance of the 
product in relation to those essential characteristics.  
2. Principles for the applicable factory production control to 
be applied shall be set out in the European Assessment 
Document, taking into account the conditions of the manufac ­
turing process of the construction product concerned.  
3. Where the performance of some of the essential char ­
acteristics of the product can appropriately be assessed with 
methods and criteria already established in other harmonised 
technical specifications or the Guidelines referred to in 
Article 66(3), or used in accordance with Article 9 of 
Directive 89/106/EEC before 1 July 2013 in the context of 
issuing European technical approvals, those existing methods 
and criteria shall be incorporated as parts of the European 
Assessment Document.  
Article 25  
Formal objections against European Assessment 
Documents  
1. Where a Member State or the Commission considers that 
a European Assessment Document does not entirely satisfy the demands to be met in relation to the basic requirements for 
construction works set out in Annex I, the Member State 
concerned or the Commission shall bring the matter before 
the Standing Committee on Construction, giving its arguments. 
The Standing Committee on Construction shall, after having 
consulted the organisation of TABs, deliver its opinion 
without delay.  
2. In the light of the opinion of the Standing Committee on 
Construction, the Commission shall decide to publish, not to 
publish, to publish with restriction, to maintain, to maintain 
with restriction or to withdraw the references to the European 
Assessment Documents concerned in the  Official Journal of the 
European Union . 
3. The Commission shall inform the organisation of TABs 
accordingly and, if necessary, request the revision of the 
European Assessment Document concerned.  
Article 26  
European Technical Assessment  
1. The European Technical Assessment shall be issued by a 
TAB, at the request of a manufacturer on the basis of a 
European Assessment Document established in accordance 
with the procedures set out in Article 21 and Annex II.  
Provided that there is a European Assessment Document, a 
European Technical Assessment may be issued even in the 
case where a mandate for a harmonised standard has been 
issued. Such issuing shall be possible until the beginning of 
the coexistence period as determined by the Commission in 
accordance with Article 17(5).  
2. The European Technical Assessment shall include the 
performance to be declared, by levels or classes, or in a 
description, of those essential characteristics agreed by the 
manufacturer and the TAB receiving the request for the 
European Technical Assessment for the declared intended use, 
and technical details necessary for the implementation of the 
system of assessment and verification of constancy of 
performance.  
3. In order to ensure the uniform implementation of this 
Article, the Commission shall adopt implementing acts to 
establish the format of the European Technical Assessment in 
accordance with the procedure referred to in Article 64(2).  
Article 27  
Levels or classes of performance  
1. The Commission may adopt delegated acts in accordance 
with Article 60, to establish classes of performance in relation 
to the essential characteristics of construction products.EN 4.4.2011 Official Journal of the European Union L 88/192. Where the Commission has established classes of 
performance in relation to the essential characteristics of 
construction products, the European standardisation bodies 
shall use those classes in harmonised standards. The organi ­
sation of TABs shall where relevant use those classes in 
European Assessment Documents.  
Where classes of performance in relation to the essential char ­
acteristics of construction products are not established by the 
Commission, they may be established by the European stan ­
dardisation bodies in harmonised standards, on the basis of a 
revised mandate.  
3. When provided for in the relevant mandates, the 
European standardisation bodies shall establish in harmonised 
standards threshold levels in relation to essential characteristics 
and, when appropriate, for intended uses, to be fulfilled by 
construction products in Member States.  
4. Where the European standardisation bodies have estab ­
lished classes of performance in a harmonised standard, the 
organisation of TABs shall use those classes in the European 
Assessment Documents where they are relevant for the 
construction product.  
When deemed appropriate, the organisation of TABs may, with 
the agreement of the Commission and after consulting the 
Standing Committee on Construction, establish in the 
European Assessment Document classes of performance and 
threshold levels in relation to the essential characteristics of a 
construction product within its intended use as foreseen by the 
manufacturer.  
5. The Commission may adopt delegated acts in accordance 
with Article 60, to establish conditions under which a 
construction product shall be deemed to satisfy a certain level 
or class of performance without testing or without further 
testing.  
Where such conditions are not established by the Commission, 
they may be established by the European standardisation bodies 
in harmonised standards, on the basis of a revised mandate.  
6. When the Commission has established classification 
systems in accordance with paragraph 1, Member States may 
determine the levels or classes of performance to be respected 
by construction products in relation to their essential char ­
acteristics only in accordance with those classification systems.  
7. The European standardisation bodies and the organisation 
of TABs shall respect the regulatory needs of Member States 
when determining threshold levels or classes of performance.  Article 28  
Assessment and verification of constancy of performance  
1. Assessment and verification of constancy of performance 
of construction products in relation to their essential char ­
acteristics shall be carried out in accordance with one of the 
systems set out in Annex V.  
2. By means of delegated acts in accordance with Article 60, 
the Commission shall establish and may revise, taking into 
account in particular the effect on the health and safety of 
people, and on the environment, which system or systems are 
applicable to a given construction product or family of 
construction products or a given essential characteristic. In 
doing so, the Commission shall also take into account the 
documented experiences forwarded by national authorities 
with regard to market surveillance.  
The Commission shall choose the least onerous system or 
systems consistent with the fulfilment of all basic requirements 
for construction works.  
3. The system or systems thus determined shall be indicated 
in the mandates for harmonised standards and in the 
harmonised technical specifications.  
CHAPTER V  
TECHNICAL ASSESSMENT BODIES  
Article 29  
Designation, monitoring and evaluation of TABs  
1. Member States may designate TABs within their territories, 
notably for one or several product areas listed in Table 1 of 
Annex IV.  
Member States which have designated a TAB shall communicate 
to the other Member States and the Commission its name and 
address and the product areas for which that TAB is designated.  
2. The Commission shall make publicly available by elec ­
tronic means the list of TABs indicating the product areas for 
which they are designated, endeavouring to achieve the highest 
possible level of transparency.  
The Commission shall make any updates to that list publicly 
available.  
3. Member States shall monitor the activities and 
competence of the TABs they have designated, and evaluate 
them in relation to the respective requirements set out in 
Table 2 of Annex IV.EN L 88/20 Official Journal of the European Union 4.4.2011Member States shall inform the Commission of their national 
procedures for the designation of TABs, of the monitoring of 
their activity and competence, and of any changes to that 
information.  
4. The Commission shall adopt guidelines for carrying out 
the evaluation of TABs, after consulting the Standing 
Committee on Construction.  
Article 30  
Requirements for TABs  
1. A TAB shall carry out the assessment and issue the 
European Technical Assessment in a product area for which it 
has been designated.  
The TAB shall satisfy the requirements set out in Table 2 of 
Annex IV within the scope of its designation.  
2. A TAB shall make publicly available its organigram and 
the names of the members of its internal decision-making 
bodies.  
3. Where a TAB no longer complies with the requirements 
referred to in paragraph 1, the Member State shall withdraw the 
designation of that TAB for the relevant product area and 
inform the Commission and the other Member States thereof.  
Article 31  
Coordination of TABs  
1. The TABs shall establish an organisation for technical 
assessment.  
2. The organisation of TABs shall be considered a body 
pursuing an aim of general European interest within the 
meaning of Article 162 of Commission Regulation (EC, 
Euratom) No 2342/2002 of 23 December 2002 laying down 
detailed rules for the implementation of Council Regulation (EC, 
Euratom) No 1605/2002 on the Financial Regulation applicable 
to the general budget of the European Communities (  1 ). 
3. The common cooperation objectives and the adminis ­
trative and financial conditions relating to the grants awarded 
to the organisation of TABs may be defined in a framework 
partnership agreement signed by the Commission and that 
organisation, in accordance with Council Regulation (EC, 
Euratom) No 1605/2002 of 25 June 2002 on the Financial 
Regulation applicable to the general budget of the European 
Communities (  2 ) (the Financial Regulation) and Regulation (EC, 
Euratom) No 2342/2002. The European Parliament and the Council shall be informed of the conclusion of any such 
agreement.  
4. The organisation of TABs shall at least carry out the 
following tasks:  
(a) organise the coordination of the TABs and, if necessary, 
ensure cooperation and consultation with other stake ­
holders;  
(b) ensure that examples of best practice are shared between 
TABs to promote greater efficiency and provide a better 
service to industry;  
(c) coordinate the application of the procedures set out in 
Article 21 and in Annex II, as well as provide the support 
needed to that end;  
(d) develop and adopt European Assessment Documents;  
(e) inform the Commission of any question related to the prep ­
aration of European Assessment Documents and of any 
aspects related to the interpretation of the procedures set 
out in Article 21 and in Annex II and suggest 
improvements to the Commission based on experience 
gained;  
(f) communicate any observations concerning a TAB not 
fulfilling its tasks in accordance with the procedures set 
out in Article 21 and in Annex II to the Commission and 
the Member State which designated the TAB;  
(g) ensure that adopted European Assessment Documents and 
references to European Technical Assessments are kept 
publicly available.  
The organisation of TABs shall have a Secretariat in order to 
carry out these tasks.  
5. Member States shall ensure that the TABs contribute with 
financial and human resources to the organisation of TABs.  
Article 32  
Union financing  
1. Union financing may be granted to the organisation of 
TABs for the implementation of the tasks referred to in 
Article 31(4).  
2. The appropriations allocated to the tasks set out in 
Article 31(4) shall be determined each year by the budgetary 
authority within the limits of the financial framework in force.EN 4.4.2011 Official Journal of the European Union L 88/21  
( 1 ) OJ L 357, 31.12.2002, p. 1.  
( 2 ) OJ L 248, 16.9.2002, p. 1.Article 33  
Financing arrangements  
1. Union financing shall be provided, without a call for 
proposals, to the organisation of TABs to carry out the tasks 
referred to in Article 31(4) for which grants can be awarded in 
accordance with the Financial Regulation.  
2. The activities of the Secretariat of the organisation of 
TABs, referred to in Article 31(4), may be financed on the 
basis of operating grants. In the event of renewal, the 
operating grants shall not be decreased automatically.  
3. Grant agreements may authorise flat-rate cover of the 
beneficiary’s overheads up to a maximum of 10 % of total 
eligible direct costs for actions, except where the beneficiary’s 
indirect costs are covered by an operating grant financed from 
the general budget of the Union.  
Article 34  
Management and monitoring  
1. The appropriations determined by the budgetary authority 
for the financing of tasks set out in Article 31(4) may also cover 
administrative expenses relating to preparation, monitoring, 
inspection, auditing and evaluation which are directly 
necessary for the achievement of the objectives of this Regu ­
lation, and in particular studies, meetings, information and 
publication activities, expenses relating to informatics 
networks for the exchange of information and any other expen ­
diture on administrative and technical assistance which the 
Commission may use for activities related to the development 
and adoption of European Assessment Documents and the 
issuing of European Technical Assessments.  
2. The Commission shall evaluate the relevance of the tasks 
set out in Article 31(4) that receive Union financing in the light 
of the requirements of Union policies and legislation, and 
inform the European Parliament and the Council of the 
outcome of that evaluation by 1 January 2017 and every 4 
years thereafter.  
Article 35  
Protection of the Union’s financial interests  
1. The Commission shall ensure that when the activities 
financed under this Regulation are implemented, the Union’s 
financial interests are protected by the application of preventive 
measures against fraud, corruption and other illegal activities, by 
effective checks and by the recovery of amounts unduly paid 
and, if irregularities are detected, by effective, proportionate and 
dissuasive penalties, in accordance with Council Regulation (EC, 
Euratom) No 2988/95 of 18 December 1995 on the protection 
of the European Communities’ financial interests (  1 ), Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 
concerning on-the-spot checks and inspections carried out by 
the Commission in order to protect the European Communities’ 
financial interests against fraud and other irregularities (  2 ) and 
Regulation (EC) No 1073/1999 of the European Parliament and 
of the Council of 25 May 1999 concerning investigations 
conducted by the European Anti-Fraud Office (OLAF) (  3 ). 
2. For the activities financed under this Regulation, the 
notion of irregularity referred to in Article 1(2) of Regulation 
(EC, Euratom) No 2988/95 shall mean any infringement of a 
provision of Union law or any breach of a contractual obli ­
gation resulting from an act or omission by an economic 
operator which has, or would have, the effect of prejudicing 
the general budget of the Union or budgets managed by it by 
an unjustified item of expenditure.  
3. Any agreements and contracts resulting from this Regu ­
lation shall provide for monitoring and financial control by the 
Commission or any representative which it authorises and for 
audits by the Court of Auditors, which, if necessary, may be 
conducted on-the-spot.  
CHAPTER VI  
SIMPLIFIED PROCEDURES  
Article 36  
Use of Appropriate Technical Documentation  
1. In determining the product-type, a manufacturer may 
replace type-testing or type-calculation by Appropriate 
Technical Documentation demonstrating that:  
(a) for one or several essential characteristics of the 
construction product, which the manufacturer places on 
the market, that product is deemed to achieve a certain 
level or class of performance without testing or calculation, 
or without further testing or calculation, in accordance with 
the conditions set out in the relevant harmonised technical 
specification or a Commission decision;  
(b) the construction product, covered by a harmonised 
standard, which the manufacturer places on the market 
corresponds to the product-type of another construction 
product, manufactured by another manufacturer and 
already tested in accordance with the relevant harmonised 
standard. When these conditions are fulfilled, the manu ­
facturer is entitled to declare performance corresponding 
to all or part of the test results of this other product. The 
manufacturer may use the test results obtained by another 
manufacturer only after having obtained an authorisation of 
that manufacturer, who remains responsible for the 
accuracy, reliability and stability of those test results; orEN L 88/22 Official Journal of the European Union 4.4.2011  
( 1 ) OJ L 312, 23.12.1995, p. 1.  ( 2 ) OJ L 292, 15.11.1996, p. 2.  
( 3 ) OJ L 136, 31.5.1999, p. 1.(c) the construction product, covered by a harmonised 
technical specification, which the manufacturer places on 
the market is a system made of components, which the 
manufacturer assembles duly following precise instructions 
given by the provider of such a system or of a component 
thereof, who has already tested that system or that 
component for one or several of its essential characteristics 
in accordance with the relevant harmonised technical spec ­
ification. When these conditions are fulfilled, the manu ­
facturer is entitled to declare performance corresponding 
to all or part of the test results for the system or the 
component provided to him. The manufacturer may use 
the test results obtained by another manufacturer or 
system provider only after having obtained an authorisation 
of that manufacturer or system provider, who remains 
responsible for the accuracy, reliability and stability of 
those test results.  
2. If the construction product referred to in paragraph 1 
belongs to a family of construction products for which the 
applicable system for assessment and verification of constancy 
of performance is system 1 + or 1, as set out in Annex V, the 
Appropriate Technical Documentation referred to in paragraph 
1 shall be verified by a notified product certification body as 
referred to in Annex V.  
Article 37  
Use of simplified procedures by micro-enterprises  
Micro-enterprises manufacturing construction products covered 
by a harmonised standard may replace the determination of the 
product-type on the basis of type-testing for the applicable 
systems 3 and 4 as set out in Annex V by using methods 
differing from those contained in the applicable harmonised 
standard. Those manufacturers may also treat construction 
products to which system 3 applies in accordance with 
provisions for system 4. When a manufacturer uses these 
simplified procedures, the manufacturer shall demonstrate 
compliance of the construction product with the applicable 
requirements by means of a Specific Technical Documentation 
and shall demonstrate the equivalence of the procedures used to 
the procedures laid down in the harmonised standards.  
Article 38  
Other simplified procedures  
1. In relation to construction products covered by a 
harmonised standard and which are individually manufactured 
or custom-made in a non-series process in response to a specific 
order, and which are installed in a single identified construction 
work, the performance assessment part of the applicable system, 
as set out in Annex V, may be replaced by the manufacturer by 
Specific Technical Documentation demonstrating compliance of 
that product with the applicable requirements and equivalence 
of the procedures used to the procedures laid down in the 
harmonised standards.  2. If the construction product referred to in paragraph 1 
belongs to a family of construction products for which the 
applicable system for assessment and verification of constancy 
of performance is system 1 + or 1, as set out in Annex V, the 
Specific Technical Documentation shall be verified by a notified 
product certification body as referred to in Annex V.  
CHAPTER VII  
NOTIFYING AUTHORITIES AND NOTIFIED BODIES  
Article 39  
Notification  
Member States shall notify the Commission and the other 
Member States of bodies authorised to carry out third-party 
tasks in the process of assessment and verification of 
constancy of performance under this Regulation (hereinafter 
referred to as ‘notified bodies’).  
Article 40  
Notifying authorities  
1. Member States shall designate a notifying authority that 
shall be responsible for setting up and carrying out the 
necessary procedures for the assessment and notification of 
the bodies to be authorised to carry out third-party tasks in 
the process of assessment and verification of constancy of 
performance for the purposes of this Regulation, and for the 
monitoring of notified bodies, including their compliance with 
Article 43.  
2. Member States may decide that the assessment and moni ­
toring referred to in paragraph 1 shall be carried out by their 
national accreditation bodies within the meaning of, and in 
accordance with, Regulation (EC) No 765/2008.  
3. Where the notifying authority delegates or otherwise 
entrusts the assessment, notification or monitoring referred to 
in paragraph 1 to a body which is not a governmental entity, 
that body shall be a legal entity and shall comply  mutatis 
mutandis  with the requirements laid down in Article 41. In 
addition, it shall have arrangements to cover liabilities arising 
from its activities.  
4. The notifying authority shall take full responsibility for the 
tasks performed by the body referred to in paragraph 3.  
Article 41  
Requirements relating to notifying authorities  
1. The notifying authority shall be established in such a way 
that no conflicts of interest with notified bodies occur.  
2. The notifying authority shall be organised and operated so 
as to safeguard the objectivity and impartiality of its activities.EN 4.4.2011 Official Journal of the European Union L 88/233. The notifying authority shall be organised in such a way 
that each decision relating to notification of a body to be au- 
thorised to carry out third party tasks in the process of 
assessment and verification of constancy of performance is 
taken by competent persons different from those who carried 
out the assessment.  
4. The notifying authority shall not offer or provide activities 
performed by notified bodies, or consultancy services on a 
commercial or competitive basis.  
5. The notifying authority shall safeguard the confidentiality 
of the information obtained.  
6. The notifying authority shall have a sufficient number of 
competent personnel at its disposal for the proper performance 
of its tasks.  
Article 42  
Information obligation for Member States  
Member States shall inform the Commission of their national 
procedures for the assessment and notification of bodies to be 
authorised to carry out third party tasks in the process of 
assessment and verification of constancy of performance and 
the monitoring of notified bodies, and of any changes thereto.  
The Commission shall make that information publicly available.  
Article 43  
Requirements for notified bodies  
1. For the purposes of notification, a notified body shall 
meet the requirements set out in paragraphs 2 to 11.  
2. A notified body shall be established under national law 
and have legal personality.  
3. A notified body shall be a third-party body independent 
from the organisation or the construction product it assesses.  
A body belonging to a business association or professional 
federation representing undertakings involved in the design, 
manufacturing, provision, assembly, use or maintenance of 
construction products which it assesses, can on condition that 
its independence and the absence of any conflict of interest are 
demonstrated, be considered to be such a body.  
4. A notified body, its top-level management and the 
personnel responsible for carrying out the third party tasks in 
the process of assessment and verification of constancy of 
performance shall not be the designer, manufacturer, supplier, installer, purchaser, owner, user or maintainer of the 
construction products which it assesses, nor the authorised 
representative of any of those parties. This shall not preclude 
the use of assessed products that are necessary for the 
operations of the notified body or the use of products for 
personal purposes.  
A notified body, its top-level management and the personnel 
responsible for carrying out the third party tasks in the process 
of assessment and verification of constancy of performance 
shall not become directly involved in the design, manufacture 
or construction, marketing, installation, use or maintenance of 
those construction products, nor represent the parties engaged 
in those activities. They shall not engage in any activity that 
may conflict with their independence of judgement and integrity 
related to the activities for which they have been notified. This 
shall, in particular, apply to consultancy services.  
A notified body shall ensure that activities of its subsidiaries or 
subcontractors do not affect the confidentiality, objectivity and 
impartiality of its assessment and/or verification activities.  
5. A notified body and its personnel shall carry out the third 
party tasks in the process of assessment and verification of 
constancy of performance with the highest degree of profes ­
sional integrity and requisite technical competence in the 
specific field and must be free from all pressures and 
inducements, particularly financial, which might influence 
their judgement or the results of their assessment and/or verifi ­
cation activities, especially from persons or groups of persons 
with an interest in the results of those activities.  
6. A notified body shall be capable of carrying out all the 
third party tasks in the process of assessment and verification of 
constancy of performance assigned to it in accordance with 
Annex V in relation to which it has been notified, whether 
those tasks are carried out by the notified body itself or on 
its behalf and under its responsibility.  
At all times and for each system of assessment and verification 
of constancy of performance and for each kind or category of 
construction products, essential characteristics and tasks in 
relation to which it has been notified, the notified body shall 
have the following at its disposal:  
(a) the necessary personnel with technical knowledge and 
sufficient and appropriate experience to perform the third 
party tasks in the process of assessment and verification of 
constancy of performance;EN L 88/24 Official Journal of the European Union 4.4.2011(b) the necessary description of procedures according to which 
the assessment of performance is carried out, ensuring the 
transparency and the ability of reproduction of these 
procedures; it shall have appropriate policies and procedures 
in place that distinguish between the tasks it carries out as a 
notified body and other activities;  
(c) the necessary procedures to perform its activities which take 
due account of the size of an undertaking, the sector in 
which it operates, its structure, the degree of complexity 
of the product technology in question and the mass or 
serial nature of the production process.  
A notified body shall have the means necessary to perform the 
technical and administrative tasks connected with the activities 
for which it is notified in an appropriate manner and shall have 
access to all necessary equipment or facilities.  
7. The personnel responsible for carrying out the activities in 
relation to which the body has been notified, shall have the 
following:  
(a) sound technical and vocational training covering all the 
third party tasks in the process of assessment and verifi ­
cation of constancy of performance within the relevant 
scope for which the body has been notified;  
(b) satisfactory knowledge of the requirements of the 
assessments and verifications they carry out and adequate 
authority to carry out such operations;  
(c) appropriate knowledge and understanding of the applicable 
harmonised standards and of the relevant provisions of the 
Regulation;  
(d) the ability required to draw up the certificates, records and 
reports to demonstrate that the assessments and the verifi ­
cations have been carried out.  
8. The impartiality of the notified body, its top-level 
management and assessment personnel shall be guaranteed.  
The remuneration of the notified body’s top-level management 
and assessment personnel shall not depend on the number of 
assessments carried out or on the results of such assessments.  
9. A notified body shall take out liability insurance unless 
liability is assumed by the Member State in accordance with 
national law, or the Member State itself is directly responsible 
for the assessment and/or the verification performed.  10. The personnel of the notified body shall be bound to 
observe professional secrecy with regard to all information 
gained in carrying out its tasks under Annex V, except in 
relation to the competent administrative authorities of the 
Member State in which its activities are carried out. Proprietary 
rights shall be protected.  
11. A notified body shall participate in, or ensure that its 
assessment personnel is informed of, the relevant standard ­
isation activities and the activities of the notified body coor ­
dination group established under this Regulation and shall apply 
as general guidance the administrative decisions and documents 
produced as a work result of that group.  
Article 44  
Presumption of conformity  
A notified body to be authorised to carry out third party tasks 
in the process of assessment and verification of constancy of 
performance which demonstrates its conformity with the 
criteria laid down in the relevant harmonised standards or 
parts thereof, the references of which have been published in 
the Official Journal of the European Union , shall be presumed to 
comply with the requirements set out in Article 43 in so far as 
the applicable harmonised standards cover those requirements.  
Article 45  
Subsidiaries and subcontractors of notified bodies  
1. Where a notified body subcontracts specific tasks 
connected with the third party tasks in the process of 
assessment and verification of constancy of performance or 
has recourse to a subsidiary, it shall ensure that the subcon ­
tractor or the subsidiary meets the requirements set out in 
Article 43, and shall inform the notifying authority accordingly.  
2. The notified body shall take full responsibility for the 
tasks performed by subcontractors or subsidiaries wherever 
these are established.  
3. Activities may be subcontracted or carried out by a 
subsidiary only with the agreement of the client.  
4. The notified body shall keep at the disposal of the 
notifying authority the relevant documents concerning the 
assessment of the qualifications of any subcontractor or the 
subsidiary and the tasks carried out by such parties under 
Annex V.EN 4.4.2011 Official Journal of the European Union L 88/25Article 46  
Use of facilities outside the testing laboratory of the 
notified body  
1. On request of the manufacturer and where justified by 
technical, economic or logistic reasons, notified bodies may 
decide to carry out the tests referred to in Annex V, for the 
systems of assessment and verification of constancy of 
performance 1+, 1 and 3 or have such tests carried out 
under their supervision, either in the manufacturing plants 
using the test equipments of the internal laboratory of the 
manufacturer or, with the prior consent of the manufacturer, 
in an external laboratory, using the test equipments of that 
laboratory.  
Notified bodies carrying out such tests shall be specifically 
designated as competent to work away from their own 
accredited test facilities.  
2. Before carrying out those tests, the notified body shall 
verify whether the requirements of the test method are 
satisfied and shall evaluate whether:  
(a) test equipment has an appropriate calibration system and 
the traceability of the measurements is guaranteed;  
(b) the quality of the test results is ensured.  
Article 47  
Application for notification  
1. A body to be authorised to carry out third party tasks in 
the process of assessment and verification of constancy of 
performance shall submit an application for notification to 
the notifying authority of the Member State in which it is 
established.  
2. The application shall be accompanied by a description of 
the activities to be performed, the assessment and/or verification 
procedures for which the body claims to be competent, an 
accreditation certificate, where one exists, issued by the 
national accreditation body within the meaning of Regulation 
(EC) No 765/2008, attesting that the body meets the 
requirements laid down in Article 43.  
3. Where the body concerned cannot provide an accredi ­
tation certificate, it shall provide the notifying authority with 
all documentary evidence necessary for the verification, recog ­
nition and regular monitoring of its compliance with the 
requirements laid down in Article 43.  Article 48  
Notification procedure  
1. Notifying authorities may notify only bodies which have 
satisfied the requirements laid down in Article 43.  
2. They shall notify the Commission and the other Member 
States, notably using the electronic notification tool developed 
and managed by the Commission.  
Exceptionally, for cases set out in point 3 of Annex V, for 
which the appropriate electronic tool is not available, a hard 
copy of the notification shall be accepted.  
3. The notification shall include full details of the functions 
to be performed, reference to the relevant harmonised technical 
specification and, for the purposes of the system set out in 
Annex V, the essential characteristics for which the body is 
competent.  
However, reference to the relevant harmonised technical 
specification is not required in the cases set out in point 3 of 
Annex V.  
4. Where a notification is not based on an accreditation 
certificate as referred to in Article 47(2), the notifying 
authority shall provide the Commission and the other 
Member States with all documentary evidence which attests to 
the notified body’s competence and the arrangements in place 
to ensure that that body will be monitored regularly and will 
continue to satisfy the requirements laid down in Article 43.  
5. The body concerned may perform the activities of a 
notified body only where no objections are raised by the 
Commission or the other Member States within 2 weeks of 
notification where an accreditation certificate is used or within 
2 months of notification where an accreditation certificate is 
not used.  
Only such a body shall be considered as a notified body for the 
purpose of this Regulation.  
6. The Commission and the other Member States shall be 
notified of any subsequent relevant changes to the notification.  
Article 49  
Identification numbers and lists of notified bodies  
1. The Commission shall assign an identification number to 
each notified body.  
It shall assign a single such number even where the body is 
notified under several Union acts.EN L 88/26 Official Journal of the European Union 4.4.20112. The Commission shall make publicly available the list of 
bodies notified under this Regulation, including the identifi ­
cation numbers that have been allocated to them and the 
activities for which they have been notified, notably using the 
electronic notification tool developed and managed by the 
Commission.  
The Commission shall ensure that this list is kept up-to-date.  
Article 50  
Changes to the notification  
1. Where a notifying authority has ascertained or has been 
informed that a notified body no longer meets the requirements 
laid down in Article 43, or that it is failing to fulfil its obli ­
gations, the notifying authority shall restrict, suspend or 
withdraw the notification as appropriate, depending on the 
seriousness of the failure to meet those requirements or to 
fulfil those obligations. It shall immediately inform the 
Commission and the other Member States accordingly, 
notably using the electronic notification tool developed and 
managed by the Commission.  
2. In the event of withdrawal, restriction or suspension of 
notification or where the notified body has ceased its activity, 
the notifying Member State concerned shall take the appropriate 
steps to ensure that the files of that body are either processed 
by another notified body or kept available for the responsible 
notifying and market surveillance authorities at their request.  
Article 51  
Challenge of the competence of notified bodies  
1. The Commission shall investigate all cases where it 
doubts, or doubt is brought to its attention regarding, the 
competence of a notified body or the continued fulfilment by 
a notified body of the requirements and responsibilities to 
which it is subject.  
2. The notifying Member State shall provide the 
Commission, on request, with all information related to the 
basis for notification or the maintenance of the competence 
of the body concerned.  
3. The Commission shall ensure that all sensitive information 
obtained in the course of its investigations is treated confi ­
dentially.  
4. Where the Commission ascertains that a notified body 
does not meet, or no longer meets, the requirements for its 
notification, it shall inform the notifying Member State accordingly and request it to take the necessary corrective 
measures, including withdrawal of notification, if necessary.  
Article 52  
Operational obligations for notified bodies  
1. Notified bodies shall carry out third party tasks in 
accordance with the systems of assessment and verification of 
constancy of performance provided for in Annex V.  
2. Assessments and verifications of constancy of 
performance shall be carried out with transparency as regards 
the manufacturer, and in a proportionate manner, avoiding an 
unnecessary burden for economic operators. The notified bodies 
shall perform their activities taking due account of the size of 
the undertaking, the sector in which the undertaking operates, 
its structure, the degree of complexity of the product tech ­
nology in question and the mass or serial nature of the 
production process.  
In so doing, the notified bodies shall nevertheless respect the 
degree of rigour required for the product by this Regulation and 
the part played by the product for the fulfilment of all basic 
requirements for construction works.  
3. Where, in the course of the initial inspection of the manu ­
facturing plant and of factory production control, a notified 
body finds that the manufacturer has not ensured the 
constancy of performance of the manufactured product, it 
shall require the manufacturer to take appropriate corrective 
measures and shall not issue a certificate.  
4. Where, in the course of the monitoring activity aiming at 
the verification of the constancy of performance of the manu ­
factured product, a notified body finds that a construction 
product no longer has the same performance to that of the 
product-type, it shall require the manufacturer to take appro ­
priate corrective measures and shall suspend or withdraw its 
certificate if necessary.  
5. Where corrective measures are not taken or do not have 
the required effect, the notified body shall restrict, suspend or 
withdraw any certificates, as appropriate.  
Article 53  
Information obligations for notified bodies  
1. Notified bodies shall inform the notifying authority of the 
following:  
(a) any refusal, restriction, suspension or withdrawal of 
certificates;EN 4.4.2011 Official Journal of the European Union L 88/27(b) any circumstances affecting the scope of, and conditions for, 
notification;  
(c) any request for information on assessment and/or verifi ­
cation of constancy of performance activities carried out 
which they have received from market surveillance 
authorities;  
(d) on request, third party tasks in accordance with the systems 
of assessment and verification of constancy of performance 
carried out within the scope of their notification and any 
other activity performed, including cross-border activities 
and subcontracting.  
2. Notified bodies shall provide the other bodies notified 
under this Regulation carrying out similar third party tasks in 
accordance with the systems of assessment and verification of 
constancy of performance and for construction products 
covered by the same harmonised technical specification with 
relevant information on issues relating to negative and, on 
request, positive results from these assessments and/or verifi ­
cations.  
Article 54  
Exchange of experience  
The Commission shall provide for the organisation of exchange 
of experience between the Member States’ national authorities 
responsible for policy on notification.  
Article 55  
Coordination of notified bodies  
The Commission shall ensure that appropriate coordination and 
cooperation between bodies notified pursuant to Article 39 are 
put into place and properly operated in the form of a group of 
notified bodies.  
Member States shall ensure that the bodies notified by them 
participate in the work of that group, directly or by means of 
designated representatives, or shall ensure that the represen ­
tatives of notified bodies are informed thereof.  
CHAPTER VIII  
MARKET SURVEILLANCE AND SAFEGUARD PROCEDURES  
Article 56  
Procedure to deal at national level with construction 
products presenting a risk  
1. Where the market surveillance authorities of one Member 
State have taken action pursuant to Article 20 of Regulation 
(EC) No 765/2008 or where they have sufficient reason to believe that a construction product covered by a harmonised 
standard or for which a European Technical Assessment has 
been issued does not achieve the declared performance and 
presents a risk for the fulfilment of the basic requirements for 
construction works covered by this Regulation, they shall carry 
out an evaluation in relation to the product concerned covering 
the respective requirements laid down by this Regulation. The 
relevant economic operators shall cooperate as necessary with 
the market surveillance authorities.  
Where, in the course of that evaluation, the market surveillance 
authorities find that the construction product does not comply 
with the requirements laid down in this Regulation, they shall 
without delay require the relevant economic operator to take all 
appropriate corrective actions to bring the product into 
compliance with those requirements, notably with the 
declared performance, or to withdraw the product from the 
market, or recall it within a reasonable period, commensurate 
with the nature of the risk, as they may prescribe.  
The market surveillance authorities shall inform the notified 
body accordingly, if a notified body is involved.  
Article 21 of Regulation (EC) No 765/2008 shall apply to the 
measures referred to in the second subparagraph of this 
paragraph.  
2. Where the market surveillance authorities consider that 
the non-compliance is not limited to their national territory, 
they shall inform the Commission and the other Member 
States of the results of the evaluation and of the actions 
which they have required the economic operator to take.  
3. The economic operator shall ensure that all appropriate 
corrective action is taken in respect of all the construction 
products concerned which that economic operator has made 
available on the market throughout the Union.  
4. Where the relevant economic operator, within the period 
referred to in the second subparagraph of paragraph 1, does not 
take adequate corrective action, the market surveillance 
authorities shall take all appropriate provisional measures to 
prohibit or restrict the making available of the construction 
product on the national market or to withdraw the construction 
product from that market or to recall it.  
The market surveillance authorities shall inform the 
Commission and the other Member States, without delay, of 
those measures.EN L 88/28 Official Journal of the European Union 4.4.20115. The information referred to in paragraph 4 shall include 
all available details, in particular the data necessary for the 
identification of the non-compliant construction product, the 
origin of the construction product, the nature of the non- 
compliance alleged and the risk involved, the nature and 
duration of national measures taken as well as the arguments 
put forward by the relevant economic operator. In particular, 
the market surveillance authorities shall indicate whether the 
non-compliance is due to either of the following:  
(a) failure of the product to achieve the declared performance 
and/or to meet the requirements related to the fulfilment of 
basic requirements for construction works laid down in this 
Regulation;  
(b) shortcomings in the harmonised technical specifications or 
in the Specific Technical Documentation.  
6. Member States other than the Member State initiating the 
procedure shall without delay inform the Commission and the 
other Member States of any measures adopted and of any addi ­
tional information at their disposal relating to the non- 
compliance of the construction product concerned, and, in 
the event of disagreement with the notified national measure, 
of their objections.  
7. Where, within 15 working days of receipt of the 
information referred to in paragraph 4, no objection has been 
raised by either a Member State or the Commission in respect 
of a provisional measure taken by a Member State in relation to 
the construction product concerned, that measure shall be 
deemed justified.  
8. Member States shall ensure that appropriate restrictive 
measures are taken without delay in respect of the construction 
product concerned, such as withdrawal of the product from 
their market.  
Article 57  
Union safeguard procedure  
1. Where, on completion of the procedure set out in 
Article 56(3) and (4), objections are raised against a measure 
taken by a Member State or where the Commission considers a 
national measure to be contrary to Union legislation, the 
Commission shall without delay enter into consultation with 
the Member States and the relevant economic operator(s) and 
shall evaluate the national measure. On the basis of the results 
of that evaluation, the Commission shall decide whether the 
measure is justified or not.  
The Commission shall address its decision to all Member States 
and shall immediately communicate it to them and to the 
relevant economic operator(s).  2. If the national measure is considered justified, all Member 
States shall take the necessary measures to ensure that the non- 
compliant construction product is withdrawn from their 
markets and shall inform the Commission accordingly. If the 
national measure is considered unjustified, the Member State 
concerned shall withdraw the measure.  
3. Where the national measure is considered to be justified 
and the non-compliance of the construction product is 
attributed to shortcomings in the harmonised standards as 
referred to in Article 56(5)(b), the Commission shall inform 
the relevant European standardisation body or bodies and 
shall bring the matter before the Committee set up pursuant 
to Article 5 of Directive 98/34/EC. That Committee shall 
consult with the relevant European standardisation body or 
bodies and deliver its opinion without delay.  
Where the national measure is considered to be justified and the 
non-compliance of the construction product is attributed to 
shortcomings in the European Assessment Document or in 
the Specific Technical Documentation as referred to in 
Article 56(5)(b), the Commission shall bring the matter before 
the Standing Committee on Construction and subsequently 
adopt the appropriate measures.  
Article 58  
Complying construction products which nevertheless 
present a risk to health and safety  
1. Where, having performed an evaluation pursuant to 
Article 56(1), a Member State finds that, although a 
construction product is in compliance with this Regulation, it 
presents a risk for the fulfilment of the basic requirements for 
construction works, to the health or safety of persons or to 
other aspects of public interest protection, it shall require the 
relevant economic operator to take all appropriate measures to 
ensure that the construction product concerned, when placed 
on the market, no longer presents that risk, to withdraw the 
construction product from the market or to recall it within a 
reasonable period, commensurate with the nature of the risk, 
which it may prescribe.  
2. The economic operator shall ensure that any corrective 
action is taken in respect of all the construction products 
concerned which that economic operator has made available 
on the market throughout the Union.  
3. The Member State shall immediately inform the 
Commission and the other Member States. That information 
shall include all available details, in particular the data 
necessary for the identification of the construction product 
concerned, the origin and the supply chain of the product, 
the nature of the risk involved and the nature and duration 
of the national measures taken.EN 4.4.2011 Official Journal of the European Union L 88/294. The Commission shall without delay enter into consul ­
tation with the Member States and the relevant economic 
operator(s) and shall evaluate the national measures taken. On 
the basis of the results of that evaluation, the Commission shall 
decide whether the measure is justified or not and, where 
necessary, propose appropriate measures.  
5. The Commission shall address its decision to all Member 
States and shall immediately communicate it to them and to the 
relevant economic operator(s).  
Article 59  
Formal non-compliance  
1. Without prejudice to Article 56, where a Member State 
makes one of the following findings, it shall require the relevant 
economic operator to put an end to the non-compliance 
concerned:  
(a) the CE marking has been affixed in breach of Article 8 or 9;  
(b) the CE marking has not been affixed, when required, in 
accordance with Article 8(2);  
(c) without prejudice to Article 5, the declaration of 
performance has not been drawn up, when required, in 
accordance with Article 4;  
(d) the declaration of performance has not been drawn up in 
accordance with Articles 4, 6 and 7;  
(e) the technical documentation is either not available or not 
complete.  
2. Where the non-compliance referred to in paragraph 1 
continues, the Member State shall take all appropriate 
measures to restrict or prohibit the making available on the 
market of the construction product or ensure that it is 
recalled or withdrawn from the market.  
CHAPTER IX  
FINAL PROVISIONS  
Article 60  
Delegated acts  
For the purposes of achieving the objectives of this Regulation, 
in particular removing and avoiding restrictions on making 
construction products available on the market, the following 
matters shall be delegated to the Commission in accordance 
with Article 61, and subject to the conditions laid down in 
Articles 62 and 63:  (a) the determination, where appropriate, of the essential char ­
acteristics or threshold levels within specific families of 
construction products, in relation to which, in accordance 
with Articles 3 to 6, the manufacturer shall declare, in 
relation to their intended use, by levels or classes, or in a 
description, the performance of the manufacturer’s product 
when it is placed on the market;  
(b) the conditions on which a declaration of performance may 
be electronically processed, in order to make it available on 
a web site in accordance with Article 7;  
(c) the amendment of the period for which the manufacturer 
shall keep the technical documentation and the declaration 
of performance after the construction product has been 
placed on the market, in accordance with Article 11, 
based on the expected life or the part played by the 
construction product in the construction works;  
(d) the amendment of Annex II and where necessary the 
adoption of supplementary procedural rules in accordance 
with Article 19(3) in order to ensure compliance with the 
principles in Article 20, or the application in practice of the 
procedures set out in Article 21;  
(e) the adaptation of Annex III, table 1 of Annex IV, and Annex 
V in response to technical progress;  
(f) the establishment and adaptation of classes of performance 
in response to technical progress in accordance with 
Article 27(1);  
(g) the conditions on which a construction product shall be 
deemed to satisfy a certain level or class of performance 
without testing or without further testing in accordance 
with Article 27(5), provided that the fulfilment of the 
basic requirements for construction works is not thereby 
jeopardised;  
(h) the adaptation, establishment and revision of the systems of 
assessment and verification of constancy of performance in 
accordance with Article 28, relating to a given product, a 
given product family or a given essential characteristic, and 
in accordance with:  
(i) the importance of the part played by the product or 
those essential characteristics with respect to the basic 
requirements for construction works;  
(ii) the nature of the product;EN L 88/30 Official Journal of the European Union 4.4.2011(iii) the effect of the variability of the essential char ­
acteristics of the construction product during the 
expected life of the product; and  
(iv) the susceptibility to defects in the product’s manu ­
facture.  
Article 61  
Exercise of the delegation  
1. The power to adopt delegated acts referred to in 
Article 60 shall be conferred on the Commission for a period 
of 5 years from 24 April 2011. The Commission shall draw up 
a report in respect of the delegated power at the latest 6 
months before the end of the 5-year period. The delegation 
of power shall be automatically extended for periods of an 
identical duration, unless the European Parliament or the 
Council revokes it in accordance with Article 62.  
2. As soon as it adopts a delegated act, the Commission shall 
notify it simultaneously to the European Parliament and to the 
Council.  
3. The power to adopt delegated acts is conferred on the 
Commission subject to the conditions laid down in Articles 
62 and 63.  
Article 62  
Revocation of the delegation  
1. The delegation of power referred to in Article 60 may be 
revoked at any time by the European Parliament or by the 
Council.  
2. The institution which has commenced an internal 
procedure for deciding whether to revoke the delegation of 
power shall endeavour to inform the other institution and the 
Commission within a reasonable time before the final decision 
is taken, indicating the delegated power which could be subject 
to revocation and possible reasons for a revocation.  
3. The decision of revocation shall put an end to the dele ­
gation of the power specified in that decision. It shall take effect 
immediately or at a later date specified therein. It shall not affect 
the validity of the delegated acts already in force. It shall be 
published in the  Official Journal of the European Union . 
Article 63  
Objections to delegated acts  
1. The European Parliament or the Council may object to a 
delegated act within a period of 3 months from the date of 
notification.  At the initiative of the European Parliament or the Council, that 
period shall be extended by 3 months.  
2. If, on expiry of the period referred to in paragraph 1, 
neither the European Parliament nor the Council has objected 
to the delegated act, it shall be published in the  Official Journal of 
the European Union  and shall enter into force on the date stated 
therein.  
The delegated act may be published in the  Official Journal of the 
European Union  and enter into force before the expiry of that 
period if the European Parliament and the Council have both 
informed the Commission of their intention not to raise 
objections.  
3. If either the European Parliament or the Council objects to 
a delegated act within the period referred to in paragraph 1, it 
shall not enter into force. The institution which objects shall 
state the reasons for objecting to the delegated act.  
Article 64  
Committee  
1. The Commission shall be assisted by a Standing 
Committee on Construction.  
2. Where reference is made to this paragraph, Articles 3 and 
7 of Decision 1999/468/EC shall apply.  
3. Member States shall ensure that the members of the 
Standing Committee on Construction are able to carry out 
their functions in a manner that avoids conflicts of interest, 
particularly in respect of the procedures for obtaining the CE 
marking.  
Article 65  
Repeal  
1. Directive 89/106/EEC is repealed.  
2. References to the repealed Directive shall be construed as 
references to this Regulation.  
Article 66  
Transitional provisions  
1. Construction products which have been placed on the 
market in accordance with Directive 89/106/EEC before 
1 July 2013 shall be deemed to comply with this Regulation.  
2. Manufacturers may draw up a declaration of performance 
on the basis of a certificate of conformity or a declaration of 
conformity, which has been issued before 1 July 2013 in 
accordance with Directive 89/106/EEC.EN 4.4.2011 Official Journal of the European Union L 88/313. Guidelines for European technical approval published 
before 1 July 2013 in accordance with Article 11 of Directive 
89/106/EEC may be used as European Assessment Documents.  
4. Manufacturers and importers may use European technical 
approvals issued in accordance with Article 9 of Directive 
89/106/EEC before 1 July 2013 as European Technical 
Assessments throughout the period of validity of those 
approvals.  
Article 67  
Reporting by the Commission  
1. By 25 April 2014, the Commission shall assess the 
specific need for information on the content of hazardous 
substances in construction products and consider the possible 
extension of the information obligation provided for in 
Article 6(5) to other substances, and shall report thereon to 
the European Parliament and to the Council. In its assessment, 
the Commission shall take into account, inter alia, the need to 
ensure a high level of protection of the health and safety of 
workers using construction products and of users of 
construction works, including with regard to recycling and/or 
reuse requirements of parts or materials.  If appropriate, the report shall, within 2 years of its submission 
to the European Parliament and to the Council, be followed up 
by appropriate legislative proposals.  
2. By 25 April 2016, the Commission shall submit to the 
European Parliament and to the Council a report on the imple ­
mentation of this Regulation, including on Articles 19, 20, 21, 
23, 24 and 37 on the basis of reports provided by Member 
States, as well as by other relevant stakeholders, accompanied, 
where relevant, by appropriate proposals.  
Article 68  
Entry into force  
This Regulation shall enter into force on the 20th day following 
its publication in the  Official Journal of the European Union . 
However, Articles 3 to 28, Articles 36 to 38, Articles 56 to 63, 
Articles 65 and 66, as well as Annexes I, II, III and V shall apply 
from 1 July 2013.  
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Strasbourg, 9 March 2011.  
For the European Parliament 
The President  
J. BUZEK  For the Council 
The President  
GY ŐRI E.EN L 88/32 Official Journal of the European Union 4.4.2011ANNEX I  
BASIC REQUIREMENTS FOR CONSTRUCTION WORKS  
Construction works as a whole and in their separate parts must be fit for their intended use, taking into account in 
particular the health and safety of persons involved throughout the life cycle of the works. Subject to normal main ­
tenance, construction works must satisfy these basic requirements for construction works for an economically reasonable 
working life.  
1. Mechanical resistance and stability  
The construction works must be designed and built in such a way that the loadings that are liable to act on them 
during their constructions and use will not lead to any of the following:  
(a) collapse of the whole or part of the work;  
(b) major deformations to an inadmissible degree;  
(c) damage to other parts of the construction works or to fittings or installed equipment as a result of major 
deformation of the load-bearing construction;  
(d) damage by an event to an extent disproportionate to the original cause.  
2. Safety in case of fire  
The construction works must be designed and built in such a way that in the event of an outbreak of fire:  
(a) the load-bearing capacity of the construction can be assumed for a specific period of time;  
(b) the generation and spread of fire and smoke within the construction works are limited;  
(c) the spread of fire to neighbouring construction works is limited;  
(d) occupants can leave the construction works or be rescued by other means;  
(e) the safety of rescue teams is taken into consideration.  
3. Hygiene, health and the environment  
The construction works must be designed and built in such a way that they will, throughout their life cycle, not be a 
threat to the hygiene or health and safety of workers, occupants or neighbours, nor have an exceedingly high impact, 
over their entire life cycle, on the environmental quality or on the climate during their construction, use and 
demolition, in particular as a result of any of the following:  
(a) the giving-off of toxic gas;  
(b) the emissions of dangerous substances, volatile organic compounds (VOC), greenhouse gases or dangerous 
particles into indoor or outdoor air;  
(c) the emission of dangerous radiation;  
(d) the release of dangerous substances into ground water, marine waters, surface waters or soil;  
(e) the release of dangerous substances into drinking water or substances which have an otherwise negative impact on 
drinking water;  
(f) faulty discharge of waste water, emission of flue gases or faulty disposal of solid or liquid waste;  
(g) dampness in parts of the construction works or on surfaces within the construction works.EN 4.4.2011 Official Journal of the European Union L 88/334. Safety and accessibility in use  
The construction works must be designed and built in such a way that they do not present unacceptable risks of 
accidents or damage in service or in operation such as slipping, falling, collision, burns, electrocution, injury from 
explosion and burglaries. In particular, construction works must be designed and built taking into consideration 
accessibility and use for disabled persons.  
5. Protection against noise  
The construction works must be designed and built in such a way that noise perceived by the occupants or people 
nearby is kept to a level that will not threaten their health and will allow them to sleep, rest and work in satisfactory 
conditions.  
6. Energy economy and heat retention  
The construction works and their heating, cooling, lighting and ventilation installations must be designed and built in 
such a way that the amount of energy they require in use shall be low, when account is taken of the occupants and of 
the climatic conditions of the location. Construction works must also be energy-efficient, using as little energy as 
possible during their construction and dismantling.  
7. Sustainable use of natural resources  
The construction works must be designed, built and demolished in such a way that the use of natural resources is 
sustainable and in particular ensure the following:  
(a) reuse or recyclability of the construction works, their materials and parts after demolition;  
(b) durability of the construction works;  
(c) use of environmentally compatible raw and secondary materials in the construction works.EN L 88/34 Official Journal of the European Union 4.4.2011ANNEX II  
PROCEDURE FOR ADOPTING A EUROPEAN ASSESSMENT DOCUMENT  
1. Request for a European Technical Assessment  
When a manufacturer makes a request for a European Technical Assessment to any TAB for a construction product, 
and after the manufacturer and the TAB (hereinafter referred to as the ‘responsible TAB’) have signed an agreement of 
commercial secrecy and confidentiality, unless the manufacturer decides otherwise, the manufacturer shall submit to 
the responsible TAB a technical file describing the product, its use as foreseen by the manufacturer and details of the 
factory production control the manufacturer intends to apply.  
2. Contract  
For construction products referred to in Article 21(1)(c), within 1 month from the reception of the technical file, a 
contract shall be concluded between the manufacturer and the responsible TAB for the production of the European 
Technical Assessment, defining the work programme for drawing up the European Assessment Document, including:  
— the organisation of work within the organisation of TABs,  
— the composition of the workgroup to be established within the organisation of TABs, designated for the product 
area in question,  
— the coordination of TABs.  
3. Work programme  
After the conclusion of the contract with the manufacturer, the organisation of TABs shall inform the Commission of 
the work programme for drawing up the European Assessment Document, the schedule for its execution and 
indicating the assessment programme. This communication shall take place within 3 months of receipt of the 
request for a European Technical Assessment.  
4. The draft European Assessment Document  
The organisation of TABs shall finalise a draft European Assessment Document by means of the working group 
coordinated by the responsible TAB and shall communicate such draft to the parties concerned within 6 months of 
the date the Commission was informed of the work programme.  
5. Commission Participation  
A Commission representative may participate, as observer, to all the parts of the execution of the work programme.  
6. Extension and delay  
Any delay in relation to the time limits set in Sections 1 to 4 in this Annex shall be reported by the working group to 
the organisation of TABs and to the Commission.  
If an extension of the time limits for developing the European Assessment Document can be justified, notably by the 
absence of a Commission decision on the applicable system of assessment and verification of constancy of 
performance for the construction product or by the need to develop a new test method, an extended time limit 
shall be set by the Commission.  
7. Amendments and adoption of a European Assessment Document  
The responsible TAB shall communicate the draft European Assessment Document to the manufacturer, who shall 
have 15 working days to react thereto. Thereafter, the organisation of TABs shall:  
(a) if applicable, inform the manufacturer as to how his reactions have been taken into account;  
(b) adopt the draft European Assessment Document; and  
(c) send a copy to the Commission.EN 4.4.2011 Official Journal of the European Union L 88/35If, within 15 working days of receipt, the Commission communicates to the organisation of TABs its observations on 
the draft European Assessment Document, the organisation of TABs, after having been given the opportunity to 
comment, shall amend the draft accordingly and shall send a copy of the adopted European Assessment Document to 
the manufacturer and to the Commission.  
8. Final European Assessment Document to be published  
As soon as the first European Technical Assessment is issued by the responsible TAB on the basis of the adopted 
European Assessment Document, that European Assessment Document shall be adjusted, if appropriate, based on 
experiences gained. The organisation of TABs shall adopt the final European Assessment Document and shall send a 
copy thereof to the Commission, together with a translation of its title in all the official languages of the Union, for 
publication of its reference. The organisation of TABs shall keep the European Assessment Document available by 
electronic means as soon as the product has been CE-marked.EN L 88/36 Official Journal of the European Union 4.4.2011ANNEX III  
DECLARATION OF PERFORMANCE  
No. .................................  
1. Unique identification code of the product-type: ............................................................................ .................... ................................  
2. Type, batch or serial number or any other element allowing identification of the construction product as required 
pursuant to Article 11(4):  
.............................................................................................. ................................................................................................ ...............................  
3. Intended use or uses of the construction product, in accordance with the applicable harmonised technical specifi ­
cation, as foreseen by the manufacturer:  
.............................................................................................. ................................................................................................ ...............................  
.............................................................................................. ................................................................................................ ...............................  
4. Name, registered trade name or registered trade mark and contact address of the manufacturer as required pursuant 
to Article 11(5):  
.............................................................................................. ................................................................................................ ...............................  
.............................................................................................. ................................................................................................ ...............................  
5. Where applicable, name and contact address of the authorised representative whose mandate covers the tasks 
specified in Article 12(2):  
.............................................................................................. ................................................................................................ ...............................  
.............................................................................................. ................................................................................................ ...............................  
6. System or systems of assessment and verification of constancy of performance of the construction product as set out 
in Annex V:  
.............................................................................................. ................................................................................................ ...............................  
.............................................................................................. ................................................................................................ ...............................  
7. In case of the declaration of performance concerning a construction product covered by a harmonised standard:  
.............................................................................................. ................................................................................................ ...............................  
(name and identification number of the notified body, if relevant)  
performed ......................................................................... ............ under system .....................................................................................  
(description of the third party tasks as set out in Annex V)  
and issued ................................................................................................ ................................................................................................ .......  
(certificate of constancy of performance, certificate of conformity of the factory production control, test/calculation 
reports – as relevant)  
8. In case of the declaration of performance concerning a construction product for which a European Technical 
Assessment has been issued:  
.............................................................................................. ................................................................................................ ...............................  
(name and identification number of the Technical Assessment Body, if relevant)  
issued ................................................................................................ ................................................................................................ ................  
(reference number of the European Technical Assessment)  
on the basis of ................................................................................................ ............................................................................................. , 
(reference number of the European Assessment Document)EN 4.4.2011 Official Journal of the European Union L 88/37performed ......................................................................... ............ under system .....................................................................................  
(description of the third party tasks as set out in Annex V)  
and issued ................................................................................................ ................................................................................................ .......  
(certificate of constancy of performance, certificate of conformity of the factory production control, test/calculation 
reports – as relevant)  
9. Declared performance  
Notes to the table.  
1. Column 1 shall contain the list of essential characteristics as determined in the harmonised technical specifications 
for the intended use or uses indicated in point 3 above.  
2. For each essential characteristic listed in column 1 and in compliance with the requirements of Article 6, column 
2 shall contain the declared performance, expressed by level or class, or in a description, related to the corre ­
sponding essential characteristics. The letters ‘NPD’ (No Performance Determined) shall be indicated where no 
performance is declared.  
3. For each essential characteristic listed in column 1, column 3 shall contain:  
(a) dated reference of the corresponding harmonised standard and, where relevant, the reference number of the 
Specific or Appropriate Technical Documentation used;  
or 
(b) dated reference of the corresponding European Assessment Document where available and reference number 
of the European Technical Assessment used.  
Essential characteristics 
(see Note 1)  Performance 
(see Note 2)  Harmonised technical specification 
(see Note 3)  
Where pursuant to Article 37 or 38 the Specific Technical Documentation has been used, the requirements with 
which the product complies:  
.............................................................................................. ................................................................................................ ...............................  
.............................................................................................. ................................................................................................ ...............................  
10. The performance of the product identified in points 1 and 2 is in conformity with the declared performance in 
point 9.  
This declaration of performance is issued under the sole responsibility of the manufacturer identified in point 4.  
Signed for and on behalf of the manufacturer by:  
.............................................................................................. ................................................................................................ ...............................  
(name and function)  
.............................................................................................. ....... ................................................................ .....................................  
(place and date of issue) (signature)EN L 88/38 Official Journal of the European Union 4.4.2011ANNEX IV  
PRODUCT AREAS AND REQUIREMENTS FOR TABS  
Table 1 — Product areas  
AREA 
CODE  PRODUCT AREA  
1 PRECAST NORMAL/LIGHTWEIGHT/AUTOCLAVED AERATED CONCRETE PRODUCTS.  
2 DOORS, WINDOWS, SHUTTERS, GATES AND RELATED BUILDING HARDWARE.  
3 MEMBRANES, INCLUDING LIQUID APPLIED AND KITS (FOR WATER AND/OR WATER VAPOUR 
CONTROL).  
4 THERMAL INSULATION PRODUCTS. 
COMPOSITE INSULATING KITS/SYSTEMS.  
5 STRUCTURAL BEARINGS. 
PINS FOR STRUCTURAL JOINTS.  
6 CHIMNEYS, FLUES AND SPECIFIC PRODUCTS.  
7 GYPSUM PRODUCTS.  
8 GEOTEXTILES, GEOMEMBRANES, AND RELATED PRODUCTS.  
9 CURTAIN WALLING/CLADDING/STRUCTURAL SEALANT GLAZING.  
10 FIXED FIRE FIGHTING EQUIPMENT (FIRE ALARM/DETECTION, FIXED FIREFIGHTING, FIRE AND SMOKE 
CONTROL AND EXPLOSION SUPPRESSION PRODUCT).  
11 SANITARY APPLIANCES.  
12 CIRCULATION FIXTURES: ROAD EQUIPMENT.  
13 STRUCTURAL TIMBER PRODUCTS/ELEMENTS AND ANCILLARIES.  
14 WOOD BASED PANELS AND ELEMENTS.  
15 CEMENT, BUILDING LIMES AND OTHER HYDRAULIC BINDERS.  
16 REINFORCING AND PRESTRESSING STEEL FOR CONCRETE (AND ANCILLARIES). 
POST TENSIONING KITS.  
17 MASONRY AND RELATED PRODUCTS. 
MASONRY UNITS, MORTARS, AND ANCILLARIES.  
18 WASTE WATER ENGINEERING PRODUCTS.  
19 FLOORINGS.  
20 STRUCTURAL METALLIC PRODUCTS AND ANCILLARIES.  
21 INTERNAL & EXTERNAL WALL AND CEILING FINISHES. INTERNAL PARTITION KITS.  
22 ROOF COVERINGS, ROOF LIGHTS, ROOF WINDOWS, AND ANCILLARY PRODUCTS. 
ROOF KITS.  
23 ROAD CONSTRUCTION PRODUCTS.  
24 AGGREGATES.  
25 CONSTRUCTION ADHESIVES.EN 4.4.2011 Official Journal of the European Union L 88/39AREA 
CODE  PRODUCT AREA  
26 PRODUCTS RELATED TO CONCRETE, MORTAR AND GROUT.  
27 SPACE HEATING APPLIANCES.  
28 PIPES-TANKS AND ANCILLARIES NOT IN CONTACT WITH WATER INTENDED FOR HUMAN 
CONSUMPTION.  
29 CONSTRUCTION PRODUCTS IN CONTACT WITH WATER INTENDED FOR HUMAN CONSUMPTION.  
30 FLAT GLASS, PROFILED GLASS AND GLASS BLOCK PRODUCTS.  
31 POWER, CONTROL AND COMMUNICATION CABLES.  
32 SEALANTS FOR JOINTS.  
33 FIXINGS.  
34 BUILDING KITS, UNITS, AND PREFABRICATED ELEMENTS.  
35 FIRE STOPPING, FIRE SEALING AND FIRE PROTECTIVE PRODUCTS. 
FIRE RETARDANT PRODUCTS.  
Table 2 — Requirements for TABs  
Competence  Description of competence  Requirement  
1. Analysing risks  Identify the possible risks and benefits for the 
use of innovative construction products in the 
absence of established/consolidated technical 
information regarding their performance 
when installed in construction works.  A TAB shall be established under national law 
and have legal personality. It shall be inde ­
pendent from the stakeholders and from any 
particular interests. 
In addition, a TAB shall have staff with: 
(a) objectivity and sound technical judgement; 
(b) detailed knowledge of the regulatory 
provisions and other requirements in force 
in the Member States where it is designated, 
concerning product areas for which it is to 
be designated; 
(c) general understanding of construction 
practice and detailed technical knowledge, 
concerning product areas for which it is 
to be designated; 
(d) detailed knowledge of specific risks 
involved and the technical aspects of the 
construction process; 
(e) detailed knowledge of the existing 
harmonised standards and test methods 
within the product areas for which it is to 
be designated; 
(f) appropriate linguistic skills. 
The remuneration of the TAB personnel shall 
not depend on the number of the assessments 
carried out or on the results of such 
assessments.  2. Setting technical 
criteria  Transform the outcome of the risk analysis 
into technical criteria for evaluating 
behaviour and performance of the 
construction products regarding the fulfilment 
of applicable national requirements; 
provide the technical information needed by 
those participating in the building process as 
potential users of the construction products 
(manufacturers, designers, contractors, 
installers).  
3. Setting assessment 
methods  Design and validate appropriate methods (tests 
or calculations) to assess performance for 
essential characteristics of construction 
products, taking into account the current 
state of the article.EN L 88/40 Official Journal of the European Union 4.4.2011Competence  Description of competence  Requirement  
4. Determining the 
specific factory 
production 
control  Understand and evaluate the manufacturing 
process of the specific product in order to 
identify appropriate measures ensuring 
product constancy through the given manu ­
facturing process.  A TAB shall have staff with appropriate 
knowledge of the relationship between the 
manufacturing processes and product char ­
acteristics related to factory production control.  
5. Assessing the 
product  Assess the performance for essential char ­
acteristics of construction products on the 
basis of harmonised methods against 
harmonised criteria.  In addition to the requirements listed in points 
1, 2 and 3, a TAB shall have access to the 
necessary means and equipment for the 
assessment of the performance for essential 
characteristics of construction products within 
the product areas for which it is to be 
designated.  
6. General 
management  Ensure consistency, reliability, objectivity and 
traceability through the constant application 
of appropriate management methods.  A TAB shall have: 
(a) a proven record of respect of good admin ­
istrative behaviour; 
(b) a policy and the supporting procedures to 
ensure confidentiality of sensitive 
information within the TAB and all its 
partners; 
(c) a document control system to ensure regis ­
tration, traceability, maintenance and 
archiving of all relevant documents; 
(d) a mechanism for internal audit and 
management review to ensure the regular 
monitoring of the compliance with appro ­
priate management methods; 
(e) a procedure to deal objectively with appeals 
and complaints.EN 4.4.2011 Official Journal of the European Union L 88/41ANNEX V  
ASSESSMENT AND VERIFICATION OF CONSTANCY OF PERFORMANCE  
1. SYSTEMS OF ASSESSMENT AND VERIFICATION OF CONSTANCY OF PERFORMANCE  
1.1. System 1+ – Declaration of the performance of the essential characteristics of the construction product by the 
manufacturer on the basis of the following items:  
(a) the manufacturer shall carry out:  
(i) factory production control;  
(ii) further testing of samples taken at the factory in accordance with the prescribed test plan;  
(b) the notified product certification body shall issue the certificate of constancy of performance of the product on 
the basis of:  
(i) determination of the product-type on the basis of type testing (including sampling), type calculation, 
tabulated values or descriptive documentation of the product;  
(ii) initial inspection of the manufacturing plant and of factory production control;  
(iii) continuous surveillance, assessment and evaluation of factory production control;  
(iv) audit-testing of samples taken before placing the product on the market.  
1.2. System 1 – Declaration of the performance of the essential characteristics of the construction product by the 
manufacturer on the basis of the following items:  
(a) the manufacturer shall carry out:  
(i) factory production control;  
(ii) further testing of samples taken at the factory by the manufacturer in accordance with the prescribed test 
plan;  
(b) the notified product certification body shall issue the certificate of constancy of performance of the product on 
the basis of:  
(i) determination of the product type on the basis of type testing (including sampling), type calculation, 
tabulated values or descriptive documentation of the product;  
(ii) initial inspection of the manufacturing plant and of factory production control;  
(iii) continuous surveillance, assessment and evaluation of factory production control.  
1.3. System 2+ – Declaration of the performance of the essential characteristics of the construction product by the 
manufacturer on the basis of the following items:  
(a) the manufacturer shall carry out:  
(i) determination of the product-type on the basis of type testing (including sampling), type calculation, 
tabulated values or descriptive documentation of the product;  
(ii) factory production control;  
(iii) testing of samples taken at the factory in accordance with the prescribed test plan;EN L 88/42 Official Journal of the European Union 4.4.2011(b) the notified production control certification body shall issue the certificate of conformity of the factory 
production control on the basis of:  
(i) initial inspection of the manufacturing plant and of factory production control;  
(ii) continuous surveillance, assessment and evaluation of factory production control.  
1.4. System 3 – Declaration of the performance of the essential characteristics of the construction product by the 
manufacturer on the basis of the following items:  
(a) the manufacturer shall carry out factory production control;  
(b) the notified testing laboratory shall carry out determination of the product-type on the basis of type testing 
(based on sampling carried out by the manufacturer), type calculation, tabulated values or descriptive docu ­
mentation of the product.  
1.5. System 4 – Declaration of the performance of the essential characteristics of the construction product by the 
manufacturer on the basis of the following items:  
(a) the manufacturer shall carry out:  
(i) determination of the product-type on the basis of type testing, type calculation, tabulated values or 
descriptive documentation of the product;  
(ii) factory production control;  
(b) no tasks for the notified body.  
2. BODIES INVOLVED IN THE ASSESSMENT AND VERIFICATION OF CONSTANCY OF PERFORMANCE  
With respect to the function of notified bodies involved in the assessment and verification of constancy of 
performance for construction products, distinction shall be made between:  
(1) product certification body: a governmental or non-governmental notified body, possessing the necessary 
competence and responsibility to carry out a product certification in accordance with given rules of 
procedure and management;  
(2) factory production control certification body: a notified body, governmental or non-governmental, possessing 
the necessary competence and responsibility to carry out factory production control certification in accordance 
to given rules of procedure and management;  
(3) testing laboratory: a notified laboratory which measures, examines, tests, calibrates or otherwise determines the 
characteristics or performance of materials or construction products.  
3. CASES OF ESSENTIAL CHARACTERISTICS WHERE REFERENCE TO A RELEVANT HARMONISED TECHNICAL 
SPECIFICATION IS NOT REQUIRED  
1. Reaction to fire.  
2. Resistance to fire.  
3. External fire performance.  
4. Noise absorption.  
5. Emissions of dangerous substances.EN 4.4.2011 Official Journal of the European Union L 88/43