### markings other than the ce marking , including private ones , may be affixed on a product only if they do not cover or refer to harmonised technical specifications or to product requirements or essential characteristics or assessment methods included in the harmonised zone. ### markings other than the ce marking , including private ones , may be affixed on a product only if they do not cover or refer to harmonised technical specifications or to product requirements or essential characteristics or assessment methods included in the harmonised zone. these restrictions does not comprise the eu ecolabel and other officially recognised type i-ecolabels (iso 14024).


### no other marking than marking set out by union legislation may be affixed on a product in a distance smaller than the double length of the ce marking measured from any point of the ce and the other marking set out by union law. ### other marking than marking set out by union legislation may be affixed on a product as long as it does not impair the visibility , legibility and meaning of the ce marking.


### who is involved in financial and other collateral services linked to the making available or direct installation of products. ### who is involved in financial and other collateral services linked to the making available or direct installation of products if relevant and justified.


### addresses of the operators referred to in the first subparagraph; ### deleted


### (ii) contact details of these operators; ### (ii) contact details of these operators referred to in the first subparagraph and;


### (iii) email addresses , websites and social media profiles of these operators; ### deleted


### bank accounts of these operators; and ### deleted


### an economic operator shall provide all the requested data into the database or system established in accordance with article 78 within two months after the availability of that database or system has been stated in a publication of the official journal and bear the fees of registration linked thereto. it shall at least bi-annually verify the correctness of the provided data. ### an economic operator choosing to provide the requested data into the database or system bear the fees of registration linked thereto. at least bi-annually the correctness of the provided data shall be verified.


### an economic operator shall provide all the requested data into the database or system established in accordance with article 78 within two months after the availability of that database or system has been stated in a publication of the official journal and bear the fees of registration linked thereto. it shall at least bi-annually verify the correctness of the provided data. ### an economic operator shall provide all the requested data into the database or system established in accordance with article 78 within two months and six months for smes , after the availability of that database or system has been stated in a publication of the official journal and bear the fees of registration linked thereto. it shall at least bi-annually verify the correctness of the provided data.


### the manufacturer shall in the same way as set out in the first subparagraph label a product as “only for professional use” if it is not intended for consumers or other non-professional users. products not labelled “only for professional use” shall be deemed to be also intended for non-professional users and consumers in the meaning of this regulation and the regulation (eu) … [regulation on general product safety]. ### deleted


### the manufacturer shall , in a visible manner , display to customers before it is bound by a sales contract , including in case of distance selling , the information which shall be labelled pursuant to this regulation or harmonised technical specifications. ### the manufacturer shall to the extent feasible , in a visible manner , display to customers before it is bound by a sales contract , including in case of distance selling , the information which shall be labelled pursuant to this regulation or harmonised technical specifications.


### 7. the manufacturer shall upload the data of the declaration of performance , of the declaration of conformity , the information referred to in paragraph 6 and the technical documentation in the eu product database or system established in accordance with article 78. ### 7. the manufacturer shall upload the data of the declaration of performance , of the declaration of conformity , the information referred to in paragraph 6 and the technical documentation in the eu product database or system established in accordance with article 78 or in a dedicated place on their website.


### 5. in order to ensure transparency for the users and to promote sustainable products , the commission is empowered to supplement this regulation by delegated acts adopted in accordance with article 87 to establish specific environmental sustainability labelling requirements including “traffic-light-labelling” in relation to environmental obligations set out in paragraph 1 , product inherent environmental requirements set out in annex i part c point 2 , and environmental performance classes established in accordance with of article 4(4) , point (a). ### deleted


### 6. the manufacturer shall affix the traffic light label in the way set out in the delegated acts adopted in accordance with paragraph 5. ### deleted


### 3. the distributor shall ensure that no products are sold to consumers or other non-professional users which are labelled “for professional use only”. these products shall , in their premises , online and on paper publicity material , be presented as products for professional use only. ### deleted


### provide to manufacturers , notified bodies and authorities all available information on the environmental sustainability of their supplied component or service; ### provide to manufacturers , notified bodies and authorities all available information on the environmental sustainability of their supplied component or service along their lifecycle;


### 3. construction products standards developed pursuant to the second sentence of article 5(2) or the third sentence of article 22(4) shall be voluntary. products which are in conformity with voluntary standards adopted in accordance with article 5(2) , or parts thereof , the references of which have been published in the official journal of the european union shall be presumed to be in conformity with the requirements laid down in annex i part b and c , as specified for the respective product family or category by harmonised technical specifications adopted in accordance with the second sentence of article 5(2) , to the extent that those requirements are covered by such voluntary standards and that this coverage has been precisely stated in the respective harmonised standard. manufacturers who comply with voluntary standards adopted in accordance with article 22(2) , or parts thereof , the references of which have been published in the official journal of the european union shall be presumed to be in conformity with the obligations set out in article 22(2) , to the extent that those obligations are covered by such standards and that this coverage has been precisely stated in the respective standard. ### 3. construction products standards developed pursuant to the second sentence of article 5(2) or the third sentence of article 22(4) shall be voluntary. products which are in conformity with voluntary standards adopted in accordance with article 5(2) , or parts thereof , the references of which have been published in the official journal of the european union shall be presumed to be in conformity with the requirements laid down in annex i part b , c , and d as specified for the respective product family or category by harmonised technical specifications adopted in accordance with the second sentence of article 5(2) , to the extent that those requirements are covered by such voluntary standards and that this coverage has been precisely stated in the respective harmonised standard. manufacturers who comply with voluntary standards adopted in accordance with article 22(2) , or parts thereof , the references of which have been published in the official journal of the european union shall be presumed to be in conformity with the obligations set out in article 22(2) , to the extent that those obligations are covered by such standards and that this coverage has been precisely stated in the respective standard.


### following a request for a european technical assessment by a manufacturer or a group of manufacturers or on initiative of the commission , a european assessment document may be drawn up and adopted by the organisation of technical assessment bodies (‘tabs’) in agreement with the commission for any product not covered by: ### following a request for a european technical assessment by a manufacturer or a group of manufacturers or on initiative of the commission , a european assessment document may be drawn up and adopted by the organisation of technical assessment bodies (‘tabs’) in agreement with the commission for any kind or category of products not covered by:


### a description of the product covered; and ### a description of the kind of categories of products covered; and


### the list of essential characteristics , relevant for the intended use of the product as set out by the manufacturer and agreed between the manufacturer and the organisation of tabs , and the methods and criteria for assessing the performance of the product in relation to those essential characteristics. ### the list of essential characteristics , relevant for the intended use of the kind of categories of products as set out by the manufacturer and agreed between the manufacturer and the organisation of tabs , and the methods and criteria for assessing the performance of the product in relation to those essential characteristics.


### 1. micro-enterprises manufacturing products covered by a harmonised technical specification may treat products to which system 3 applies in accordance with provisions for system 4. when a manufacturer uses this simplified procedure , the manufacturer shall demonstrate compliance of the product with the applicable requirements by means of a specific technical documentation. ### deleted


### 1. micro-enterprises manufacturing products covered by a harmonised technical specification may treat products to which system 3 applies in accordance with provisions for system 4. when a manufacturer uses this simplified procedure , the manufacturer shall demonstrate compliance of the product with the applicable requirements by means of a specific technical documentation. ### 1. smes and micro-enterprises that are manufacturing products covered by a harmonised technical specification may treat products to which system 3 applies in accordance with provisions for system 4. when a manufacturer uses this simplified procedure , the manufacturer shall demonstrate compliance of the product with the applicable requirements by means of a specific technical documentation.


### 2. the fulfilment of the requirements of this article shall be assessed and confirmed by a tab or a notified body. ### deleted


### where a market surveillance authority of one member state has sufficient reason to believe that certain products covered by a construction products standard or for which a european technical assessment has been issued , or its manufacturer , is non-compliant , it shall carry out an evaluation in relation to the products and the manufacturer concerned covering the respective requirements laid down by this regulation. the relevant economic operators shall cooperate as necessary with the market surveillance authorities. ### where a market surveillance authority of one member state has sufficient reason to believe that certain products covered by a harmonised technical specification or for which a european technical assessment has been issued , or its manufacturer , is non-compliant , it shall carry out an evaluation in relation to the products and the manufacturer concerned covering the respective requirements laid down by this regulation. the relevant economic operators shall cooperate as necessary with the market surveillance authorities.


### elaborate guidelines for the application and enforcement of requirements and obligations set out in delegated acts referred to in article 4(3) and (4) and article 5(2) and (3) and the delegated acts referred to in article 22(4) , including common practices and methodologies for effective market surveillance. ### elaborate guidelines for the application and enforcement of requirements and obligations set out in harmonised technical specifications including common practices and methodologies for effective market surveillance.


### 1. the commission is empowered to supplement this regulation by means of delegated act according to article 87 , by setting up a union construction products database or system that builds to the extent possible on the digital product passport established by regulation (eu) ... [regulation on ecodesign for sustainable products]. ### 1. the commission is empowered to supplement this regulation by means of delegated act according to article 87 , by setting up a union construction products database or system that builds to the extent possible on the digital product passport established by regulation (eu) ... [regulation on ecodesign for sustainable products] in order to avoid overlaps with other eu legislation and to ensure interoperability with already existing requirements.


### 1. the commission is empowered to supplement this regulation by means of delegated act according to article 87 , by setting up a union construction products database or system that builds to the extent possible on the digital product passport established by regulation (eu) ... [regulation on ecodesign for sustainable products]. ### 1. the commission is empowered to supplement this regulation by means of delegated act according to article 87 , by setting up a voluntary union construction products database or system where information related to showing compliance with this regulation can be stored or linked to.


### 1. the commission is empowered to supplement this regulation by means of delegated act according to article 87 , by setting up a union construction products database or system that builds to the extent possible on the digital product passport established by regulation (eu) ... [regulation on ecodesign for sustainable products]. ### 1. the commission is empowered to supplement this regulation by means of delegated act according to article 87 , by setting up and maintaining a centralised , free of charge and accessible for the general public union construction products digital database that should be used for storing and exchanging all relevant information on a product by meeting the needs and demands of the construction industry , that builds to the extent possible on the digital product passport established by regulation (eu) ... [regulation on ecodesign for sustainable products].


### where member states provide incentives for a product category covered by a delegated act establishing performance classes in accordance with article 4(4) , point (a) or a “traffic-light-labelling” in accordance with article 22(5) , those incentives shall aim at the highest two populated classes / colour codes , or at higher classes / better colour codes. ### where member states provide incentives for a product category covered by a delegated act establishing performance classes in accordance with article 4(4) , point (a) , those incentives shall aim at the highest two populated classes / colour codes , or at higher classes / better colour codes.


### 1. the commission is empowered to supplement this regulation by delegated acts according to article 87 by establishing sustainability requirements applicable to public contracts , including implementation , monitoring and reporting of those requirements by member states. ### 1. the commission shall supplement this regulation by delegated acts according to article 87 by 31 december 2025 by establishing mandatory sustainability requirements applicable to public contracts , including implementation , monitoring and reporting of those requirements by member states.


### 2. requirements adopted pursuant to paragraph 1 for public contracts awarded by contracting authorities , as defined in article 2(1) of directive 2014/24/eu or article 3 , point (1) of directive 2014/25/eu , or contracting entities , as defined in article 4(1) of directive 2014/25/eu , may take the form of mandatory technical specifications , selection criteria , award criteria , contract performance clauses , or targets , as appropriate. ### 2. requirements adopted pursuant to paragraph 1 for public contracts awarded by contracting authorities , as defined in article 2(1) of directive 2014/24/eu or article 3 , point (1) of directive 2014/25/eu , or contracting entities , as defined in article 4(1) of directive 2014/25/eu , shall take the form of mandatory technical specifications , selection criteria , award criteria , contract performance clauses , or targets , as appropriate and shall take into account the needs of smes.


### all information obligations set up by article 7(3) , (4) and (6) , article 19(1) , (3) , (5) and (6) , article 20(2) and (3) , article 21(6) to (9) , article 22(2) , points (f) and (i) , article 23(5) , article 24(6) , article 25(2) , article 26(4) , article 27(2) , articles 28 to 39 , article 41(3) , article 44(3) , (4) , (6) and (7) , article 45(3) , article 46(2) , article 47 , article 49(5) , article 50(11) , article 53(1) , article 58(1) , article 59(2) , article 61 , article 70(1) , (2) , (4) and (6) , article 71(2) , article 72(1) , (3) and (5) , article 76 , article 77 , article 78(3) , article 79(2) , article 79(3) , article 80(2) , article 82(1) to (3) , (6) and (7) and article 91 can be satisfied by electronic means. however , information to be provided in accordance with annex i part d and harmonised technical specifications specifying it shall be provided on paper for products not labelled “not for consumers” or “only for professional use”. moreover , consumers may request any other information to be provided on paper. ### all information obligations set up by article 7(3) , (4) and (6) , article 19(1) , (3) , (5) and (6) , article 20(2) and (3) , article 21(6) to (9) , article 22(2) , points (f) and (i) , article 23(5) , article 24(6) , article 25(2) , article 26(4) , article 27(2) , articles 28 to 39 , article 41(3) , article 44(3) , (4) , (6) and (7) , article 45(3) , article 46(2) , article 47 , article 49(5) , article 50(11) , article 53(1) , article 58(1) , article 59(2) , article 61 , article 70(1) , (2) , (4) and (6) , article 71(2) , article 72(1) , (3) and (5) , article 76 , article 77 , article 78(3) , article 79(2) , article 79(3) , article 80(2) , article 82(1) to (3) , (6) and (7) and article 91 can be satisfied by electronic means. however , information to be provided in accordance with annex i part d and harmonised technical specifications specifying it shall be provided on paper for products not labelled “not for consumers” or “only for professional use”. however , information to be provided in accordance with annex i part d and harmonised technical specifications specifying it shall be provided on paper for products not labelled “not for consumers” or “only for professional use”. moreover , consumers may request any other information to be provided on paper.


### no sooner than 8 years after the date of application of this regulation , the commission shall carry out an evaluation of this regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of products and construction works and built environment. the commission shall present a report on the main findings to the european parliament , the council , the european economic and social committee , and the committee of the regions. member states shall provide the commission with the information necessary for the preparation of that report. ### no sooner than 4 years after the date of application of this regulation , the commission shall carry out an evaluation of this regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of products and construction works and built environment. the evaluation shall inter alia assess the alignment of the revised construction products regulation with the regulation (eu) (ecodesign for sustainable products regulation). the commission shall present a report on the main findings to the european parliament , the council , the european economic and social committee , and the committee of the regions. member states shall provide the commission with the information necessary for the preparation of that report.


### regulation (eu) 305/2011 is repealed with effect from 1 january 2045. ### regulation (eu) 305/2011 is repealed with effect from [the date of entry into force of this regulation] , with the exception of articles 17 , 18 , 19 , and 26 , which are repealed with effect from [10 years after the date of entry into force of this regulation].


### 3. the following standards remain valid under this regulation , as standards referred to in the first subparagraph of article 4(2): ### 3. all standards already cited in official journal of the european union will remain valid until they are replaced by an updated version or at the latest on 1 january 2045.


### 5. notified bodies’ certificates or test reports and european technical assessments issued under regulation (eu) 305/2011 remain valid for five years after the entry into force of harmonised technical specifications for the respective product family or category adopted in accordance with article 4(2) , unless these documents have expired for other reasons. products placed on the market on the basis of these documents may be further made available on the market for another five years. ### 5. notified bodies’ certificates and european technical assessments issued under regulation (eu) 305/2011 remain valid for five years after the entry into force of harmonised technical specifications for the respective product family or category adopted in accordance with article 4(2) , unless these documents have expired for other reasons. products placed on the market on the basis of these documents may be further made available on the market for another five years.


### harmonised technical specifications shall to the extent possible cover the following essential characteristics related to life cycle assessment: ### harmonised technical specifications shall cover the following essential characteristics related to life cycle assessment defined in point (a) to (j):


### the manufacturer shall correctly determine the product type pursuant to article 3 , point 31 , and the corresponding product category on the basis of the applicable harmonised technical specification. where a notified body is involved in assessment and verification , the notified body shall verify these determinations , including the verification that no identical items are declared to be of a different type. ### the manufacturer shall correctly determine the product type pursuant to article 3 , point 31 , and the corresponding product category on the basis of the applicable harmonised technical specification. where a notified body is involved in assessment and verification , the notified body shall verify these determinations.


### (ii) further testing of samples taken at the manufacturing plant in accordance with the prescribed test plan; ### (ii) further assessment of samples taken at the manufacturing plant in accordance with the prescribed test plan;


### (ii) an assessment of the performance of the product on the basis of type testing (including sampling of the item(s) to be taken as representative of the type) , type calculation or tabulated values and , in all these cases , review of the documentation of the product; ### (ii) an assessment of the performance of the product on the basis of type testing (including sampling of the item(s) to be taken as representative of the type) , type calculation or tabulated values or descriptive documentation of the product and , in all these cases , review of the documentation of the product;


### the notified body shall provide continuous surveillance , assessment and evaluation of factory production control. on this occasion , it shall undertake a check of 30 random points falling under the paragraphs (a) (iii) to (v) and withdraw the certificate in case it detects more than 2 non-compliances or one particularly grave non-compliance , amongst these 30 points and the other verifications to be made in accordance with this paragraph. ### the notified body shall provide continuous surveillance , assessment and evaluation of factory production control including checks of the parameters which are critical to the individual performances to be declared under avs 2+;.


### 4. system 3+ – notified body’s control of environmental sustainability assessment ### 4. system 3+ – notified body’s control of data and assessment methods and processes


### the manufacturer shall carry out the assessment of the performance of the product in relation to essential characteristics or product requirements related to environmental sustainability and keep it updated. ### the manufacturer shall carry out the assessment of the performance of the product in relation to essential characteristics or product requirements and keep it updated.


### verify the manufacturer’s initial and updated assessment; ### verify the manufacturer’s input values and assumptions made for the assessment;


### (ii) validate the process applied to generate that assessment. ### (ii) validate the method and process applied to generate that assessment.


### an assessment of the performance of the product on the basis of testing (including sampling of the item(s) to be taken as representative of the type) , type calculation , tabulated values or descriptive documentation of that product; ### an assessment of the performance of the product on the basis of tabulated values or descriptive documentation of that product if this option is in accordance with the specific harmonized technical specification and if the manufacturer choses to use this option;


### the notified body shall issue the certificate of performance and of conformity on the basis of: ### the notified body shall:


### confirmation of the correct determination of the product type and of the product category and confirmation of the correct assessment of the performance of the product on the basis of type testing (based on sampling carried out by the manufacturer) , type calculation or tabulated values and , in all these cases , review of the documentation of the product; ### assess the performance of the construction product on the basis of testing (based on sampling carried out by the manufacturer) , calculation tabulated values or descriptive documentation of that product:


### (ii) undertaking a check of 20 random points falling under the paragraphs (a) (iii) and (iv) and refuse the issuing of a certificate in case it detects more than 2 non-compliance or one particularly grave non-compliance , amongst these 20 points and the other verifications to be made in accordance with this paragraph. ### (ii) confirm the correct determination of the product type and of the product category review the documentation of the product including the premises for using tabulated values or descriptive documentation as well as the parameters critical to the individual performances to be declared;


### inspection of the manufacturing plant shall cover the entire technical part of the plant , at least with regard to the following elements , which shall ensure a continuous orderly manufacturing process: ### in case of systems 1+ , 1 and 2+ inspection of the manufacturing plant shall cover the entire technical part of the plant , at least with regard to the following element , which shall ensure a continuous orderly manufacturing process:


### appropriate competence of the personnel; ### the factory production control specifying the measures and frequencies foreseen to ensure constancy of performance including the critical to performance parameters.


### (ii) appropriateness of the technical equipment; ### deleted


### (iii) appropriateness of the facilities and other conditions influencing the manufacturing; ### deleted


### factory production control shall cover the process from receipt of the raw materials and components to the dispatch of the product once the production has started (‘gate to gate’ approach). it shall assess whether this process is designed and optimised in view of the goal that the products conform with the product type and therefore reach the performances declared in the declaration of performance and are compliant with the requirements set out in or under this regulation. ### factory production control shall cover the process from receipt of the raw materials and components to the dispatch of the product once the production has started (‘gate to gate’ approach) and include as a minimum the critical to performance parameters. in case of system 1+ , 1 and 2+ the notified body shall assess whether this process is designed and in view of the goal that the products conform with the product type and therefore reach the performances declared in the declaration of performance and are compliant with the requirements set out in or under this regulation.


### verification of items shall , to 50 % , target items which are most likely to contain deficiencies and , to another 50 % , target items chosen at random. ### in case of system 3+ verification shall constitute of the verification of all calculations and input data. in that context , the notified body shall verify whether the applicable rules on modelling and calculation laid down in the applicable harmonised technical specification or methodology provided by the commission are followed and whether the calculation model and input data reflect the production process. in case a verified it tool or one provided by the commission is used , the verification focuses on the correct use of the tool. where secondary data is used , the notified body shall check whether the correct data sets , prescribed by applicable product-specific calculation rules contained in the applicable harmonised technical specification or the methodology provided by the commission , are used. where company-specific data is used , the reliability of that data needs to be verified. to that end , the notified body may undertake an audit of the manufacturing plant to which they refer and they shall examine documentation to verify the reliability of data and they may extend this examination to key parts from suppliers who are obliged to cooperate in accordance with article 30.


### verification of environmental sustainability shall constitute of the verification of all calculations and verification of 10 samples of company-specific or secondary data factored in , with zero tolerance for incorrectness. in that context , the notified body shall verify whether the applicable rules on modelling and calculation laid down in the applicable harmonised technical specification or methodology provided by the commission are followed. ### in case of system 1+ , 1 and 3 where there is evidence the manufacturer has not performed his task properly or the product performances do not comply with the declared performances , the notified body shall refuse issuing a certificate or withdraw the certificate whilst permitting issuing a new one only after the deficiencies have been remedied.


### where the above mentioned failure rates have been trespassed or where a grave error or the intention to cheat has been detected , the notified body shall refuse issuing a certificate for at least one year or withdraw the certificate whilst permitting issuing a new one only after one year. ### notified bodies that are undertaking tasks under systems 1+ , 1 , and 3 as well as manufacturers that are undertaking tasks under systems 2+ and 4 shall consider the european technical assessment issued for the product in question as the assessment of the performance of that product. notified bodies and manufacturers shall therefore undertake the tasks referred to in points 1.(b)(ii) , 2.(b)(ii) , 3.(a)(i) , 5.(a)(i) and 6(a)(i) , respectively , only where there is evidence that these have not or not appropriately been executed by the tab.


### (7) pursuing the environmental goals , including the fight against climate change , makes it necessary to establish new environmental obligations and to lay the ground for the development and the application of an assessment method for the calculation of the environmental sustainability of construction products. for the same reason , it is necessary to extend the range of regulated economic operators , since distributors , suppliers and manufacturers all have a role to play in the calculation of the environmental sustainability in the construction sector. that range should therefore be extended into two directions , downstream from the distributors to the economic operators preparing re-use and remanufacturing of construction products and upstream from the manufacturer over the suppliers of intermediate products and/or raw materials. moreover , certain operators coming into play in the context of dismantling used products or other parts of construction works or remanufacturing and re-use thereof need to contribute to a safe second life of construction products. ### (7) pursuing the environmental goals set in the european green deal and following the updated targets in the fit for 55 legislative package and the repowereu , including the fight against climate change , makes it necessary to establish new environmental obligations for incentivising the broader use of sustainable and reused construction products and for the development and the application of an assessment method for the calculation of the environmental sustainability of construction products. for the same reason , it is necessary to extend the range of regulated economic operators , since distributors , suppliers and manufacturers all have a role to play in the calculation of the environmental sustainability in the construction sector. that range should therefore be extended into two directions , downstream from the distributors to the economic operators preparing re-use and remanufacturing of construction products and upstream from the manufacturer over the suppliers of intermediate products and/or raw materials. moreover , certain operators coming into play in the context of dismantling used products or other parts of construction works or remanufacturing and re-use thereof need to contribute to a safe second life of construction products.


### (10) in order to ensure safety and protection of the environment and to close a regulatory loophole that would otherwise exist , it is necessary to clarify that construction products manufactured on the construction site for immediate incorporation into the construction works are subject to the same rules as other construction products. micro-enterprises , however , often individually manufacture and install products on site. subjecting those micro-enterprises under all circumstances to the same rules as other enterprises would disproportionally affect those micro-enterprises. it is therefore necessary to enable member states to exempt micro-enterprises from drawing up a declaration of performance in specific situations , where the interests of other member states are not affected. ### (10) in order to close a regulatory loophole that would otherwise exist , it is necessary to clarify that construction products manufactured on the construction site for immediate incorporation into the construction works are fully respecting safety and environmental legal protection requirements. micro-enterprises , however , often individually manufacture and install products on site. subjecting those micro-enterprises under all circumstances to the same rules as other enterprises would disproportionally affect those micro-enterprises. it is therefore necessary to enable member states to exempt micro-enterprises from drawing up a declaration of performance in specific situations , where the interests of other member states are not affected.


### (18) in order to strive for a maximum of regulatory coherence , this regulation should to the extent possible build on the horizontal legal framework , in this case namely on regulation (eu) no 1025/2012 of the european parliament and of the council. it follows the recent trend in product legislation to develop a fall-back solution where the european standardisation organisations do not deliver harmonised standards which can be cited in the official journal. as no harmonised standards for construction products could be cited in the official journal since late 2019 and only some dozen since regulation (eu) no 305/2011 came into force , the new back-up empowerments for the commission should be even more comprehensive , permitting to optimise the overall output of technical specifications so to catch up the delay in the adaptation to technical progress. ### (18) in order to strive for a maximum of regulatory coherence , this regulation should to the extent possible build on the horizontal legal framework , in this case namely on regulation (eu) no 1025/2012 of the european parliament and of the council. however , in line with other product legislation , this regulation provides a fall-back solution in exceptional well defined cases where the application of a legislative act is at risk. as no harmonised standards for construction products could be cited in the official journal since late 2019 and only some dozen since regulation (eu) no 305/2011 came into force , the commission in collaboration with european standardisation organisations should establish a workable solution , permitting to optimise the overall output of technical specifications so to catch up the delay in the adaptation to technical progress.


### (20) in order to contribute to the objectives of the european green deal and the circular economy action plan , and to ensure safe construction products , safety being one of the goals to be pursued in the legislation based on article 114 of the treaty on the functioning of the european union (tfeu) , inherent product requirements related to safety , functionality and protection of environment , including climate , are necessary. when setting these requirements , the commission should take into account their potential contribution to achieving union climate , environmental and energy efficiency objectives. these requirements do not merely relate to the performance of construction products. contrary to its predecessor directive 89/106/ec , regulation (eu) no. 305/2011 does not provide for the possibility to establish such inherent product requirements. however , certain harmonised standards for construction products contain such inherent product requirements which can relate to environment , to safety or simply to the good functioning of the product. these standards demonstrate that there is a practical need for such requirements on safety , the environment or simply the functioning of products. article 114 tfeu as the legal base of this regulation also imposes the pursuit of a high level of protection of the environment , health and human safety. thus , this regulation should (re-)introduce or validate inherent product requirements. whilst these requirements need to be laid down by the legislator , there is a need for specifying them for the more than 30 product families , each with several categories. hence , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to specify the requirements for the respective construction product family or category. ### (20) in order to contribute to the objectives of the european green deal and the circular economy action plan , and to ensure safe construction products , safety being one of the goals to be pursued in the legislation based on article 114 of the treaty on the functioning of the european union (tfeu) , inherent product requirements related to safety , functionality and protection of environment , including climate , are necessary. when setting these requirements , the commission should take into account their potential contribution to achieving union climate , environmental and energy efficiency objectives. these requirements do not merely relate to the performance of construction products. contrary to its predecessor directive 89/106/ec , regulation (eu) no. 305/2011 does not provide for the possibility to establish such inherent product requirements. however , certain harmonised standards for construction products contain such inherent product requirements which can relate to environment , to safety or simply to the good functioning of the product. these standards demonstrate that there is a practical need for such requirements on safety , the environment or simply the functioning of products. article 114 tfeu as the legal base of this regulation also imposes the pursuit of a high level of protection of the environment , health and human safety. thus , this regulation should (re-)introduce or validate inherent product requirements. whilst these requirements need to be laid down by the legislator , there is a need for specifying them for the more than 30 product families , each with several categories. hence , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to specify the requirements for the respective construction product family or category. the european commission shall consult european standardisation organisations and relevant stakeholders prior the adoption of the delegated acts.


### (28) in particular , in the case of energy-related products included in ecodesign working plans which are also construction products and for intermediary products , with the exception of cement , priority for the setting of sustainability requirements will be given to the [espr]. this should be the case for instance for heaters , boilers , heat pumps , water and space heating appliances , fans , cooling and ventilating systems and photovoltaic products , excluding building-integrated photovoltaic panels. this regulation may still intervene in a complementary manner where needed , mainly in relation to safety aspects also taking account of other union legislation on products such as on gas appliances , low voltage , and machinery. for other products , in order to avoid unnecessary burden for economic operators , the need may arise in future to determine the conditions under which the fulfilment of obligations under other union law also fulfils certain obligations under this regulation. the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission to determine such conditions. ### (28) in particular , in the case of energy-related products included in ecodesign working plans which are also construction products and for intermediary products , priority for the setting of sustainability requirements will be given to the [espr] with the exception for cement for which such requirements shall be defined by this regulation. this should be the case for instance for heaters , boilers , heat pumps , water and space heating appliances , fans , cooling and ventilating systems and photovoltaic products , excluding building-integrated photovoltaic panels. this regulation may still intervene in a complementary manner where needed , mainly in relation to safety aspects also taking account of other union legislation on products such as on gas appliances , low voltage , and machinery. for other products , in order to avoid unnecessary burden for economic operators , the need may arise in future to determine the conditions under which the fulfilment of obligations under other union law also fulfils certain obligations under this regulation. the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission to determine such conditions.


### (28) in particular , in the case of energy-related products included in ecodesign working plans which are also construction products and for intermediary products , with the exception of cement , priority for the setting of sustainability requirements will be given to the [espr]. this should be the case for instance for heaters , boilers , heat pumps , water and space heating appliances , fans , cooling and ventilating systems and photovoltaic products , excluding building-integrated photovoltaic panels. this regulation may still intervene in a complementary manner where needed , mainly in relation to safety aspects also taking account of other union legislation on products such as on gas appliances , low voltage , and machinery. for other products , in order to avoid unnecessary burden for economic operators , the need may arise in future to determine the conditions under which the fulfilment of obligations under other union law also fulfils certain obligations under this regulation. the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission to determine such conditions. ### (28) in particular , in the case of energy-related products included in ecodesign working plans which are also construction products and for intermediary products , priority for the setting of sustainability requirements will be given to the [espr]. this should be the case for instance for heaters , boilers , heat pumps , water and space heating appliances , fans , cooling and ventilating systems and photovoltaic products , excluding building-integrated photovoltaic panels. this regulation may still intervene in a complementary manner where needed , mainly in relation to safety aspects also taking account of other union legislation on products such as on gas appliances , low voltage , and machinery. for other products , in order to avoid unnecessary burden for economic operators , the need may arise in future to determine the conditions under which the fulfilment of obligations under other union law also fulfils certain obligations under this regulation. the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission to determine such conditions.


### (47) in order to be able to make informed choices , users of construction products should be sufficiently well informed about the environmental performances of products , about their conformity with environmental requirements and of the degree of fulfilment of manufacturer’s environmental obligations in this regard. therefore , the commission is empowered to adopt delegated acts to establish specific labelling requirements which might include the easily understandable traffic light labelling. ### deleted


### this regulation establishes harmonised rules for the making available on the market and direct installation of construction products , regardless of whether undertaken in the framework of a service or not , by establishing: ### this regulation establishes harmonised rules for the placing of and making available on the market of construction products , regardless of whether undertaken in the framework of a service or not , by establishing:


### this regulation also establishes obligations incumbent on economic operators dealing with construction products or their components or with products that could be regarded as construction products whilst not being intended by their manufacturer to be construction products. ### this regulation also establishes obligations incumbent on economic operators dealing with construction products or their components.


### 3d-datasets placed on the market to permit the 3d-printing of construction products covered by this regulation and 3d-printed construction products and moulds; ### 3d-printed construction products;


### construction products manufactured on the construction site for immediate incorporation into construction works , without separate commercial action for the placing on the market; ### deleted


### kits or assemblies , where their composition is specified in and covered by harmonised technical specifications or european assessment documents (eads); ### deleted


### prefabricated one-family-houses of less than 180 m2 surface floor space with one floor or of less than 100 m2 surface floor space on two floors. ### deleted


### member states may decide not to apply this regulation for the houses referred to in point (g) by notification to the commission. ### deleted


### boilers , pipes , tanks and ancillaries and other products intended to be in contact with water for human consumption; ### boilers;


### systems treating waste water; ### deleted


### sanitary appliances; ### deleted


### traffic signalling products. ### deleted


### 5. member states may exempt from the application of this regulation construction products and items covered by this regulation that are placed on the market or directly installed in the outermost regions of the european union in the meaning of article 349 of the treaty on the functioning of the european union. member states shall notify to the european commission and to the other member states the regulations providing such exemptions. they shall ensure that exempted construction products or items do not bear the ce marking in accordance with article 16. construction products or items placed on the market or directly installed on the basis of such exemption shall not be deemed to be placed on the market or directly installed in the union in the meaning of this regulation. ### 5. member states may exempt from the application of this regulation construction products and items covered by this regulation that are placed on the market in the outermost regions of the european union in the meaning of article 349 of the treaty on the functioning of the european union. member states shall notify to the european commission and to the other member states the regulations providing such exemptions. they shall ensure that exempted construction products or items do not bear the ce marking in accordance with article 16. construction products or items placed on the market on the basis of such exemption shall not be deemed to be placed on the market in the union in the meaning of this regulation.


### (1) ‘construction product’ means any formed or formless physical item , including its packaging and instructions for use , or a kit or assembly combining such items , that is placed on the market or produced for incorporation in a permanent manner in construction works or parts thereof within the union , with the exception of items that are necessarily first integrated into an assembly , kit or other construction product prior to being incorporated in a permanent manner in construction works; ### (1) ‘construction product’ means any formed or formless physical item , or a kit , which is produced and placed on the market or supplied to the construction site and which has an effect on the performance of the construction works with respect to the basic requirements for construction works; including 3d-printed products or other items covered by this regulation in accordance with article 2(1) to (3) , or a kit or assembly combining such items , that is placed on the market or produced for incorporation in a permanent manner in construction works or parts thereof within the union , with the exception of items that are necessarily first integrated into an assembly , kit or other construction product prior to being incorporated in a permanent manner in construction works;


### (1) ‘construction product’ means any formed or formless physical item , including its packaging and instructions for use , or a kit or assembly combining such items , that is placed on the market or produced for incorporation in a permanent manner in construction works or parts thereof within the union , with the exception of items that are necessarily first integrated into an assembly , kit or other construction product prior to being incorporated in a permanent manner in construction works; ### (1) ‘construction product’ means any physical item , or a kit or assembly combining such items , that is placed on the market or supplied to the construction site for incorporation in a permanent manner in construction works or parts thereof within the union , with the exception of items that are necessarily first integrated into an assembly , kit or other construction product prior to being incorporated in a permanent manner in construction works;


### (5) ‘direct installation’ means the installation of a product into a construction work of a client without prior making available on the market or the installation of a one-family house covered by this regulation , regardless whether in the framework of providing a service or not; ### (5) ‘direct installation’ means the installation of a one-family house covered by this regulation , regardless whether in the framework of providing a service or not;


### (7) ‘essential characteristics’ means those characteristics of the product which relate to the basic requirements for construction works as set out in annex i part a point 1 or which have been listed in annex i part a point 2; ### (7) ‘essential characteristics’ means those characteristics of the product which relate to the basic requirements for construction works as set out in annex i part a point 1 and the environmental characteristics which have been listed in annex i part a point 2;


### (8) ‘product requirements’ means a threshold level or another characteristic with which a product has to comply before it can be placed on the market or installed directly , including those requirements relating to labelling and instructions for use or other information to be provided; ### (8) ‘product requirements’ means a threshold level or another characteristic with which a product has to comply before it can be placed on the market , including those requirements relating to labelling and instructions for use or other information to be provided;


### (15) ‘buildings’ means facilities , other than containers , giving shelter to humans , animals or objects , which either are permanently fixed to the ground or can only be transported by the help of special equipment whilst having a surface floor space of at least 20m2 on one or several levels; ### deleted


### (26) ‘repair’ means the process of returning a faulty product to a condition where it can fulfil its intended use; ### (26) ‘repair’ means the process of fixing a faulty product and/or replacing its defective components , in order to return the product to a condition where it can fulfil its intended use;


### (31) ‘product type’ means the abstract model of individual products , determined by the intended use and a set of characteristics which exclude any variation with regard to performance or to the fulfilment of product requirements set-out in or in accordance with this regulation , produced in a specific production process using a given combination of raw materials or components , whilst identical items of different manufacturers also belong to different product types; ### (31) ‘product type’ means the abstract model of individual products , determined by the intended use and a set of characteristics and product requirements set-out in or in accordance with this regulation , produced in a specific production process using a given combination of raw materials or components , whilst identical items of different manufacturers also belong to different product types;


### (38) ‘harmonised zone’ means the sphere jointly covered by this regulation , the harmonised technical specifications , and the commission acts of general applicability adopted pursuant this regulation; ### (38) ‘harmonised zone’ means the sphere jointly covered by this regulation , the harmonised technical specifications , the european assessment documents and the commission acts of general applicability adopted pursuant this regulation;


### the essential characteristics specified in accordance with paragraph 1 or listed in annex i part a point 2 and the methods for their assessment shall be laid down in standards which are rendered mandatory for purposes of application of this regulation. the essential characteristics of products shall be identified in view of the basic requirements for construction works , taking account of the regulatory needs of member states. ### the essential characteristics specified in accordance with paragraph 1 or listed in annex i part a point 2 and the methods for their assessment shall be laid down in standards which are rendered mandatory for purposes of application of this regulation. the essential characteristics of products shall be identified in view of the basic requirements for construction works , taking account of the regulatory needs of member states and climate and circularity objectives pursued by regulation (eu) (ecodesign for sustainable products regulation). the identified essential characteristics , together with the essential environmental requirements listed in annex i part b , shall form the basis for the preparation of standardisation requests and harmonised technical specifications.


### the essential characteristics specified in accordance with paragraph 1 or listed in annex i part a point 2 and the methods for their assessment shall be laid down in standards which are rendered mandatory for purposes of application of this regulation. the essential characteristics of products shall be identified in view of the basic requirements for construction works , taking account of the regulatory needs of member states. ### the essential characteristics specified in accordance with paragraph 1 or listed in annex i part a point 2 and the methods for their assessment and the corresponding range of validity shall be laid down in standards which are rendered mandatory for purposes of application of this regulation. the essential characteristics of products shall be identified in view of the basic requirements for construction works , taking account of the regulatory needs of member states.


### the commission may issue standardisation requests in accordance with article 10 of regulation (eu) 1025/2012 laying down the basic principles and corner stones for the establishment of these essential characteristics and their assessment methods. ### the commission shall issue standardisation requests in accordance with article 10 of regulation (eu) 1025/2012 laying down the basic principles and corner stones for the establishment of these essential characteristics and their assessment methods. these standardisation requests may include a request that the european standardisation organisation determine in the standards the threshold levels and classes of performance in relation to these essential characteristics and which of the essential characteristics may or shall be declared by manufacturers. in that case , the commission shall lay down the basic principles and corner stones for the establishment of the threshold levels , classes and mandatory characteristics in the standardisation request.


### the respective standardisation requests may also include a request that the european standardisation organisation determine in the standards referred to in the first subparagraph the voluntary or mandatory threshold levels and classes of performance in relation to the essential characteristics and which of the essential characteristics may or shall be declared by manufacturers. in that case , the commission shall lay down the basic principles and corner stones for the establishment of the threshold levels , classes and mandatory characteristics in the standardisation request. ### deleted


### the respective standardisation requests may also include a request that the european standardisation organisation determine in the standards referred to in the first subparagraph the voluntary or mandatory threshold levels and classes of performance in relation to the essential characteristics and which of the essential characteristics may or shall be declared by manufacturers. in that case , the commission shall lay down the basic principles and corner stones for the establishment of the threshold levels , classes and mandatory characteristics in the standardisation request. ### the commission shall adopt delegated acts in accordance with article 87 to supplement this regulation , through a defined timeline , by establishing the essential characteristics listed in annex i part a point 1(8) and point 2 , including mandatory threshold levels or classes of performance and the methods for their assessment in accordance with the life cycle assessment method to quantify the environmental impacts of products established by recommendation (eu) 2021/2279 or , once available , building on the method chosen under regulation [ecodesign for sustainable products regulation].


### 3. by way of derogation from paragraph 2 and in order to cover the regulatory needs of member states and to pursue the goals of article 114 of the treaty on the functioning of the european union , the commission is empowered to supplement this regulation by means of delegated acts in accordance with article 87 , by establishing , for particular product families and categories , voluntary or mandatory essential characteristics and their assessment methods in any of the following cases: ### 3. by way of derogation from paragraph 2 and in order to cover the regulatory needs of member states and to pursue the goals of article 114 of the treaty on the functioning of the european union , the commission may supplement in exceptional cases and as a dinal resort , after consultation of the relevant european standardisation organisations and european stakeholder organisations receiving union financing under regulation (eu) no 1025/2012 , this regulation by means of delegated acts in accordance with article 87 , by establishing , for particular product families and categories , voluntary or mandatory essential characteristics and their assessment methods where the following cases have been fulfilled and when approved by a majority in the committee on construction products:


### 3. by way of derogation from paragraph 2 and in order to cover the regulatory needs of member states and to pursue the goals of article 114 of the treaty on the functioning of the european union , the commission is empowered to supplement this regulation by means of delegated acts in accordance with article 87 , by establishing , for particular product families and categories , voluntary or mandatory essential characteristics and their assessment methods in any of the following cases: ### 3. while priority shall be given to the elaboration of standards , by way of derogation from paragraph 2 and in order to cover the regulatory needs of member states and to pursue the goals of article 114 of the treaty on the functioning of the european union , the commission may supplement in exceptional cases , after consultation of the relevant european standardisation organisations and european stakeholder organisations receiving union financing under regulation (eu) no 1025/2012 , this regulation by means of delegated acts in accordance with article 87 , by establishing , for particular product families and categories , voluntary or mandatory essential characteristics and their assessment methods in any of the following cases:


### there are undue delays in the adoption of certain standards referred to in the first subparagraph of article 4(2)by the european standardisation organisations , whilst an undue delay is given where the european standardisation organisation does not submit a standard within the time-frame set out in the standardisation request; ### deleted


### there are undue delays in the adoption of certain standards referred to in the first subparagraph of article 4(2)by the european standardisation organisations , whilst an undue delay is given where the european standardisation organisation does not submit a standard within the time-frame set out in the standardisation request; ### there are undue and unjustified delays in the adoption of certain standards referred to in the first subparagraph of article 4(2)by the european standardisation organisations , whilst an undue delay is given where the european standardisation organisation does not submit a standard within 2 years after having received the standardisation request , or the relevant standard does not sufficiently fulfil the criteria described in the standardisation request;


### there is an urgency for the adoption of more harmonised technical specifications that cannot be matched with standards referred to in the first subparagraph of article 4(2) alone; ### deleted


### one or more essential characteristics referring to basic work requirements set out in annex i part a , point 1 or included in annex i part a , point 2 are not covered by the standards referred to in the first subparagraph of article 4(2) the references of which are already published in the official journal; ### deleted


### one or more essential characteristics referring to basic work requirements set out in annex i part a , point 1 or included in annex i part a , point 2 are not covered by the standards referred to in the first subparagraph of article 4(2) the references of which are already published in the official journal; ### one or more essential characteristics referring to basic work requirements set out in annex i part a , point 1 or included in annex i part a , point 2 are not covered by the standards referred to in the first subparagraph of article 4(2) the references of which are already published in the official journal and the european standardisation organisations have proven unwilling or unable to revise or amend the relevant standard in due time;


### the standards referred to in the first subparagraph of article 4(2) are for other reasons considered not sufficient to cover regulatory needs of member states or the needs of economic operators; ### deleted


### 1. for the product characteristics specified in annex i part a point 2 , the manufacturer shall assess the environmental characteristics of the product in accordance with harmonised technical specifications or with commission acts adopted under this regulation and use , once available , the latest version of the software made freely available on the website of the european commission. however , this shall not apply in case of used , remanufactured or surplus products , unless the economic operator , subject to the obligations of this article by virtue of article 26 , opts for the application of this regulation as for new products. ### 1. for the product characteristics specified in annex i part a point 2 , the manufacturer shall assess the environmental characteristics of the product using the assessment method specified in delegated acts adopted in accordance with article 4(3a) and use , once available , the latest version of the software made freely available on the website of the european commission. however , this shall not apply in case of used , remanufactured or surplus products , unless the economic operator , subject to the obligations of this article by virtue of article 26 , opts for the application of this regulation as for new products.


### design and manufacture products and their packaging in such a way that their overall environmental , including climate sustainability reaches the state of the art level , unless a lower level: ### design and manufacture products and their packaging in such a way that their overall environmental performance , including climate sustainability and co2 emissions reduction reaches the state of the art level , unless a lower level:


### article 78 ### deleted


### climate change effects (mandatory); ### climate change effects;


### particulate matter; ### deleted


### ionizing radiation , human health; ### deleted


### eco-toxicity , freshwater; ### deleted


### human toxicity , cancer; ### deleted


### human toxicity , non-cancer; ### deleted


### land use related impacts. ### deleted


### harmonised technical specifications shall indicate that for the essential characteristic of climate change effects under point (a) it is mandatory for the manufacturer to declare the performance of the product as set out in articles 11(2) and 22(1). ### harmonised technical specifications shall indicate that for the essential characteristics defined under points (a) to (j) it is mandatory for the manufacturer to declare the performance of the product as set out in articles 11(2) and 22(1).


### (4) it is necessary to establish well-functioning information flows , including via electronic means , to ensure that coherent and transparent information about construction products performances is available along the supply chain. this is expected to increase transparency and to improve efficiency in terms of information transfer. ensuring digital access to comprehensive information about construction products would contribute to the digitalisation of the construction sector altogether , making the framework fit for the digital age. access to reliable and durable information would also mean that economic operators and other actors do not contribute to each other’s non-compliance. ### (4) it is necessary to establish well-functioning information flows , including via electronic means , to ensure that coherent and transparent information about construction products performances , including environmental sustainability during their whole life cycle , is available along the supply chain. this is expected to increase transparency and to improve efficiency in terms of information transfer. ensuring digital access to comprehensive information about construction products would contribute to the digitalisation of the construction sector altogether , making the framework fit for the digital age. access to reliable and durable information would also mean that economic operators and other actors do not contribute to each other’s non-compliance.


### (58) digital technologies , which provide a significant potential for reducing administrative burden and costs for economic operators and public authorities , while also fostering innovative and new business opportunities and models , are evolving at rapid pace. the uptake of digital technologies will also contribute significantly towards achieving the objectives of the renovation wave , including energy efficiency , life-cycle assessments and monitoring and of the building stock. accordingly , the commission should be empowered to seize further opportunities of digitisation by implementing acts. ### (58) more ambitious deployment of digital technologies by enhanced input of digitalisation of information and documentation which will provide a significant potential for reducing administrative burden and costs for economic operators , smes and public authorities , while also fostering innovative and new business opportunities and models. the uptake of digital technologies will also contribute significantly towards achieving the objectives of the renovation wave , including energy efficiency , energy storage and life-cycle assessments and monitoring and of the building stock. accordingly , the commission should be empowered to seize further opportunities of digitisation by implementing acts.


### 65 use of simplified procedures by micro-enterprises ### 65 use of simplified procedures by smes and micro-enterprises


### eu construction products database or system ### eu construction products database


### the training events shall be open to the participation of the staff of the authorities designated under article 25(1) of regulation (eu) 2019/1020 , the single liaison offices appointed under article 10(3) of regulation (eu) 2019/1020 and , where appropriate , of other authorities of the member states involved in the implementation or enforcement of this regulation. the commission may , by implementing decision adopted in accordance give access to third countries that apply voluntarily this regulation or that have regulatory systems for construction products similar to this regulation. ### the training events shall be open to the participation of the staff of the authorities designated under article 25(1) of regulation (eu) 2019/1020 , the single liaison offices appointed under article 10(3) of regulation (eu) 2019/1020 and , where appropriate , of other authorities of the member states and smes involved in the implementation or enforcement of this regulation. the commission may , by implementing decision adopted in accordance give access to third countries that apply voluntarily this regulation or that have regulatory systems for construction products similar to this regulation.


### article 6 ### deleted


### 6. upon request from the consumer , the creditor and , where applicable , the credit intermediary shall , in addition to the european consumer credit information and the standard european consumer credit overview form , provide the consumer free of charge with a copy of the draft credit agreement , provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement with the consumer. ### 6. upon request from the consumer , the creditor and , where applicable , the credit intermediary shall , in addition to the european consumer credit information , provide the consumer free of charge with a copy of the draft credit agreement , provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement with the consumer.


### 7. if the agreement has been concluded at the consumer's request using a means of distance communication which does not enable the information to be provided in accordance with this article , the creditor shall immediately after the conclusion of the credit agreement provide the consumer with the european consumer credit information form and the standard european consumer credit overview form immediately after the conclusion of the credit agreement. ### 7. if the agreement has been concluded at the consumer's request using a means of distance communication which does not enable the information to be provided in accordance with this article , the creditor shall immediately after the conclusion of the credit agreement provide the consumer with the european consumer credit information form immediately after the conclusion of the credit agreement.


### 1. member states shall ensure that creditors and , where applicable , credit intermediaries and providers of crowdfunding credit services are required to provide adequate explanations to the consumer on the proposed credit agreements or crowdfunding credit services and any ancillary services that make it possible for the consumer to assess whether the proposed credit agreements or crowdfunding credit services and ancillary services are adapted to his or her needs and financial situation. the explanations shall include the following elements: ### 1. member states shall ensure that creditors and , where applicable , credit intermediaries and providers of crowdfunding credit services are required to provide adequate explanations to the consumer on the proposed credit agreements or crowdfunding credit services that make it possible for the consumer to assess whether the proposed credit agreements or crowdfunding credit services are adapted to his or her needs and financial situation. the explanations shall include the following elements:


### article 13 ### deleted


### member states shall require that creditors , credit intermediaries and providers of crowdfunding credit services inform consumers when they are presented with a personalised offer that is based on profiling or other types of automated processing of personal data. ### without prejudice to regulation 2016/679 , member states shall require that creditors , credit intermediaries and providers of crowdfunding credit services inform consumers when they are presented with a personalised offer that is based on profiling or other types of automated processing of personal data.


### 3. by way of derogation from paragraph 1 and without prejudice to the application of competition law , member states may allow tying practices where the creditor or the provider of crowdfunding credit services can demonstrate to the competent authority that the tied products or categories of product offered , on terms and conditions similar to each other , result in a clear benefit to the consumers taking due account of the availability and the prices of the relevant products offered on the market. ### 3. by way of derogation from paragraph 1 and without prejudice to the application of competition law , member states may allow tying practices where the creditor or the provider of crowdfunding credit services can demonstrate to the competent authority that the tied products or categories of product offered , on terms and conditions similar to each other , are of benefit to the consumers taking due account of the availability and the prices of the relevant products offered on the market.


### act in the best interests of the consumer; ### act in the best interests of the consumer by informing themselves about the consumer’s needs and circumstances and recommending suitable credit agreements;


### 5. member states shall require that creditors and , where applicable , credit intermediaries or providers of crowdfunding credit services to warn a consumer when a credit agreement or crowdfunding credit services may induce a specific risk for the consumer considering his or her financial situation. ### 5. when advisory services are provided to the consumer , member states shall require that creditors and , where applicable , credit intermediaries or providers of crowdfunding credit services to warn a consumer when a credit agreement or crowdfunding credit services may induce a specific risk for the consumer considering his or her financial situation.


### ban on unsolicited credit sales ### ban on unsolicited granting of credit


### member states shall prohibit any sale of credit to consumers , without their prior request and explicit agreement. ### without prejudice to the creditor’s ability to make offers to consumers , member states shall ensure that any sale of credit to consumers is carried out at their request and with their explicit agreement.


### member states shall prohibit any sale of credit to consumers , without their prior request and explicit agreement. ### member states shall prohibit any granting of credit to consumers , without their explicit agreement.


### member states shall prohibit any sale of credit to consumers , without their prior request and explicit agreement. ### member states shall prohibit any sale of credit to consumers , without their prior request or explicit agreement.


### 1. member states shall require that , before concluding a credit agreement , or an agreement for the provision of crowdfunding credit services , the creditor or , where applicable , the provider of crowdfunding credit services makes a thorough assessment of the consumer’s creditworthiness. that assessment shall be done in the interest of the consumer , to prevent irresponsible lending practices and over-indebtedness , and shall take appropriate account of factors relevant to verifying the prospect of the consumer to meet his or her obligations under the credit agreement or the agreement for the provision of crowdfunding credit services. ### 1. member states shall require that , before concluding a credit agreement , or an agreement for the provision of crowdfunding credit services , the creditor or , where applicable , the provider of crowdfunding credit services makes a relevant assessment of the consumer’s creditworthiness. that assessment shall be done in the interest of the consumer , to prevent irresponsible lending practices and over-indebtedness , and shall take appropriate and proportionate account of factors relevant to verifying the prospect of the consumer to meet his or her obligations under the credit agreement or the agreement for the provision of crowdfunding credit services.


### 1. member states shall require that , before concluding a credit agreement , or an agreement for the provision of crowdfunding credit services , the creditor or , where applicable , the provider of crowdfunding credit services makes a thorough assessment of the consumer’s creditworthiness. that assessment shall be done in the interest of the consumer , to prevent irresponsible lending practices and over-indebtedness , and shall take appropriate account of factors relevant to verifying the prospect of the consumer to meet his or her obligations under the credit agreement or the agreement for the provision of crowdfunding credit services. ### 1. member states shall require that , before concluding a credit agreement , or an agreement for the provision of crowdfunding credit services , the creditor or , where applicable , the provider of crowdfunding credit services makes a thorough assessment of the consumer’s creditworthiness. that assessment shall be done in the interest of the consumer , to prevent irresponsible lending practices and over-indebtedness , and shall take appropriate and proportionate account of factors relevant to verifying the prospect of the consumer to meet his or her obligations under the credit agreement or the agreement for the provision of crowdfunding credit services , according to the nature , duration and the risk profile of the consumer.


### 2. the assessment of creditworthiness shall be carried out on the basis of relevant and accurate information on the consumer’s income and expenses and other financial and economic circumstances which is necessary and proportionate such as evidence of income or other sources of repayment , information on financial assets and liabilities , or information on other financial commitments. the information shall be obtained from relevant internal or external sources , including the consumer and , where necessary , on the basis of a consultation of a database referred to in article 19. ### 2. the assessment of creditworthiness shall be carried out on the basis of relevant and accurate information on the consumer’s income and expenses and other financial and economic circumstances which is necessary and proportionate taking into account the nature , duration , complexity and value of the credit provided. the information shall be obtained from relevant internal or external sources , including the consumer or where necessary , on the basis of a consultation of a database referred to in article 19.


### the information obtained in accordance with this paragraph shall be appropriately verified , where necessary through reference to independently verifiable documentation. ### the information obtained in accordance with this paragraph shall be appropriately verified , where necessary through reference to independently verifiable documentation or by using statistical methods within automated decision-making systems.


### 3. member states shall require that the creditor or , where applicable , the provider of crowdfunding credit services establishes procedures for the assessment referred to in paragraph 1 and that the creditor or the provider of crowdfunding credit services documents and maintains such procedures. ### 3. member states shall ensure that the credit or the provider of crowdfunding credit services is required to reassess the consumer’s creditworthiness on the basis of updated information before any significant increase in the total amount of credit is granted.


### (15) a number of member states have applied directive 2008/48/ec to areas not covered by its scope to enhance the level of consumer protection. in fact , several of the credit agreements not falling within the scope of that directive can be detrimental for consumers , including short-term high cost loans whose amount is typically lower than the minimum threshold of eur 200 set out in directive 2008/48/ec. in this context , and with the aim to ensure a high level of consumer protection and to facilitate the cross-border consumer credit market , the scope of this directive should cover some agreements that were excluded from the scope of directive 2008/48/ec , such as consumer credit agreements below the amount of eur 200. likewise , other potentially detrimental products , because of the high costs they entail or high fees in case of missed payments , should be covered by this directive , to ensure increased transparency and better consumer protection , resulting in higher consumer confidence. to this extent , leasing agreements , credit agreements in the form of an overdraft facility and where the credit has to be repaid within one month , and credit agreements where the credit is granted free of interest and without any other charges , including buy now pay later schemes , i.e. new digital financial tools that let consumers make purchases and pay them off over time , and credit agreements under the terms of which the credit has to be repaid within three months and only insignificant charges are payable should not be excluded from the scope of application of this directive. moreover , all credit agreement up until eur 100 000 should be included in the scope of application of this directive. the upper threshold of credit agreements under this directive should be increased to take into account indexation to adjust for the effects of inflation since 2008 and in coming years. ### (15) a number of member states have applied directive 2008/48/ec to areas not covered by its scope to enhance the level of consumer protection. in fact , several of the credit agreements not falling within the scope of that directive can be detrimental for consumers , including short-term high cost loans whose amount is typically lower than the minimum threshold of eur 200 set out in directive 2008/48/ec. in this context , and with the aim to ensure a high level of consumer protection and to facilitate the cross-border consumer credit market , the scope of this directive should cover some agreements that were excluded from the scope of directive 2008/48/ec , such as consumer credit agreements below the amount of eur 200. likewise , other potentially detrimental products , because of the high costs they entail or high fees in case of missed payments , should be covered by this directive , whilst subject to strict adherence to the principle of proportionality to avoid undue administrative burden , to ensure increased transparency and better consumer protection , resulting in higher consumer confidence. this directive should not apply to deferred debit cards , under the terms of which the monthly aggregated payments have to be paid in a single debit and only insignificant charges are payable. nor should it apply to hiring or leasing agreements where an obligation to purchase the object of the agreement is not laid down. nor should it apply to overdraft facilities where the credit has to be repaid within one month. to this extent , credit agreements in the form of an overdraft facility and where the credit has to be repaid within one month , credit agreements where the credit is granted free of interest and without any other charges , including buy now pay later schemes , i.e. new digital financial tools that let consumers make purchases and pay them off over time and credit agreements under the terms of which the credit has to be repaid within three months and only insignificant charges are payable should not be excluded from the scope of application of this directive. however , for those credit agreements , member states should be able to exclude the application of certain provisions of this directive considering the characteristics of their national market , the duration , risk , and nature of the credit. moreover , all credit agreement up until eur 100 000 should be included in the scope of application of this directive. the upper threshold of credit agreements under this directive should be increased to take into account indexation to adjust for the effects of inflation since 2008 and in coming years.


### (15) a number of member states have applied directive 2008/48/ec to areas not covered by its scope to enhance the level of consumer protection. in fact , several of the credit agreements not falling within the scope of that directive can be detrimental for consumers , including short-term high cost loans whose amount is typically lower than the minimum threshold of eur 200 set out in directive 2008/48/ec. in this context , and with the aim to ensure a high level of consumer protection and to facilitate the cross-border consumer credit market , the scope of this directive should cover some agreements that were excluded from the scope of directive 2008/48/ec , such as consumer credit agreements below the amount of eur 200. likewise , other potentially detrimental products , because of the high costs they entail or high fees in case of missed payments , should be covered by this directive , to ensure increased transparency and better consumer protection , resulting in higher consumer confidence. to this extent , leasing agreements , credit agreements in the form of an overdraft facility and where the credit has to be repaid within one month , and credit agreements where the credit is granted free of interest and without any other charges , including buy now pay later schemes , i.e. new digital financial tools that let consumers make purchases and pay them off over time , and credit agreements under the terms of which the credit has to be repaid within three months and only insignificant charges are payable should not be excluded from the scope of application of this directive. moreover , all credit agreement up until eur 100 000 should be included in the scope of application of this directive. the upper threshold of credit agreements under this directive should be increased to take into account indexation to adjust for the effects of inflation since 2008 and in coming years. ### (15) a number of member states have applied directive 2008/48/ec to areas not covered by its scope to enhance the level of consumer protection. in fact , several of the credit agreements not falling within the scope of that directive can be detrimental for consumers , including short-term high cost loans whose amount is typically lower than the minimum threshold of eur 200 set out in directive 2008/48/ec. in this context , and with the aim to ensure a high level of consumer protection and to facilitate the cross-border consumer credit market , the scope of this directive should cover some agreements that were excluded from the scope of directive 2008/48/ec , such as consumer credit agreements below the amount of eur 200. likewise , other potentially detrimental products , because of the high costs they entail or high fees in case of missed payments , should be covered by this directive , albeit subject to a strict application of the principle of proportionality in order to avoid an undue administrative burden , to ensure increased transparency and better consumer protection , resulting in higher consumer confidence. to this extent , leasing agreements , credit agreements in the form of an overdraft facility and where the credit has to be repaid within one month , and credit agreements where the credit is granted free of interest and without any other charges , including buy now pay later schemes , i.e. new digital financial tools that let consumers make purchases and pay them off over time , and credit agreements under the terms of which the credit has to be repaid within three months and only insignificant charges are payable should not be excluded from the scope of application of this directive. moreover , all credit agreement up until eur 100 000 should be included in the scope of application of this directive. the upper threshold of credit agreements under this directive should be increased to take into account indexation to adjust for the effects of inflation since 2008 and in coming years.


### (15) a number of member states have applied directive 2008/48/ec to areas not covered by its scope to enhance the level of consumer protection. in fact , several of the credit agreements not falling within the scope of that directive can be detrimental for consumers , including short-term high cost loans whose amount is typically lower than the minimum threshold of eur 200 set out in directive 2008/48/ec. in this context , and with the aim to ensure a high level of consumer protection and to facilitate the cross-border consumer credit market , the scope of this directive should cover some agreements that were excluded from the scope of directive 2008/48/ec , such as consumer credit agreements below the amount of eur 200. likewise , other potentially detrimental products , because of the high costs they entail or high fees in case of missed payments , should be covered by this directive , to ensure increased transparency and better consumer protection , resulting in higher consumer confidence. to this extent , leasing agreements , credit agreements in the form of an overdraft facility and where the credit has to be repaid within one month , and credit agreements where the credit is granted free of interest and without any other charges , including buy now pay later schemes , i.e. new digital financial tools that let consumers make purchases and pay them off over time , and credit agreements under the terms of which the credit has to be repaid within three months and only insignificant charges are payable should not be excluded from the scope of application of this directive. moreover , all credit agreement up until eur 100 000 should be included in the scope of application of this directive. the upper threshold of credit agreements under this directive should be increased to take into account indexation to adjust for the effects of inflation since 2008 and in coming years. ### (15) a number of member states have applied directive 2008/48/ec to areas not covered by its scope to enhance the level of consumer protection. in fact , several of the credit agreements not falling within the scope of that directive can be detrimental for consumers , including short-term high cost loans whose amount is typically lower than the minimum threshold of eur 200 set out in directive 2008/48/ec. in this context , and with the aim to ensure a high level of consumer protection and to facilitate the cross-border consumer credit market , the scope of this directive should cover some agreements that were excluded from the scope of directive 2008/48/ec , such as consumer credit agreements below the amount of eur 200. however , to maintain the “raison d’être” of these short term/small amount credits , the extension of the scope must be accompanied by proportionate requirements. this directive should not apply to hiring or leasing agreements where an obligation to purchase the object of the agreement is not laid down either by the agreement itself or by any separate agreement. moreover , all credit agreement up until eur 100 000 should be included in the scope of application of this directive. the upper threshold of credit agreements under this directive should be increased to take into account indexation to adjust for the effects of inflation since 2008 and in coming years.


### (20) agreements for the provision on a continuing basis of services or for the supply of goods of the same kind , where the consumer pays for them for the duration of their provision by means of instalments , may differ considerably , in terms of the interests of the contractual parties involved , and the modalities and performance of the transactions , from credit agreements covered by this directive. therefore , such agreements should not be regarded as credit agreements for the purposes of this directive. such agreement includes , for example , an insurance contract where the insurance is paid for in monthly instalments. ### (20) agreements for the provision on a continuing basis of services or for the supply of goods of the same kind , where the consumer pays for them for the duration of their provision by means of instalments , may differ considerably , in terms of the interests of the contractual parties involved , and the modalities and performance of the transactions , from credit agreements covered by this directive. therefore , such agreements should not be regarded as credit agreements for the purposes of this directive. such agreement includes , for example , an insurance contract where the insurance is paid for in monthly instalments. hiring and leasing agreements where an obligation to purchase the object of the agreement is not laid down either by the agreement itself or by any separate agreement should not be regarded as credit agreements for the purpose of this directive


### (26) consumers who are legally resident in the union should not be discriminated against on ground of their nationality or place of residence , or on any ground as referred to in article 21 of the charter when requesting , concluding or holding a credit agreement or an agreement for the provision of crowdfunding credit services within the union. ### (26) consumers who are legally resident in the union should not be discriminated against on ground of their nationality or place of residence , or on any ground as referred to in article 21 of the charter when requesting , concluding or holding a credit agreement or an agreement for the provision of crowdfunding credit services within the union. this is without prejudice to the possibility for the provider of credit services to refuse to enter into a credit service agreement where justified by objective criteria.


### (26) consumers who are legally resident in the union should not be discriminated against on ground of their nationality or place of residence , or on any ground as referred to in article 21 of the charter when requesting , concluding or holding a credit agreement or an agreement for the provision of crowdfunding credit services within the union. ### (26) consumers who are legally resident in the union should not be discriminated against on ground of their nationality or place of residence , or on any ground as referred to in article 21 of the charter when requesting , concluding or holding a credit agreement or an agreement for the provision of crowdfunding credit services within the union. however , these provisions are applied without prejudice to the right of creditors not to engage in certain activities in certain member states.