Proposal for a Regulation of the European Parliament and of the Council laying down harmonised conditions for the marketing of the construction products {SEC(2008) 1900} {SEC(2008) 1901}
Date: 2008-05-23
Institutions: European Commission
Subjects: EC conformity marking, approximation of laws, building, construction policy, free movement of goods, quality label, technical rule

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 23.5.2008 
COM(2008) 311 final 

2008/0098 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

LAYING DOWN HARMONISED CONDITIONS FOR THE MARKETING OF THE 
CONSTRUCTION PRODUCTS 

(presented by the Commission) 

{SEC(2008) 1900} 
{SEC(2008) 1901} 

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EXPLANATORY MEMORANDUM 

Following  a  wide  consultation  of  stakeholders  and  an  impact  assessment,  the  Commission, 
within its Better Regulation/Simplification programme, proposes replacing Council Directive 
89/106/EEC  by  a  Regulation  with  the  aim  to  better  define  the  objectives  of  Community 
legislation  and  make  its  implementation  easier  by  providing  some  simplified  mechanisms 
especially  addressed  to  alleviate  the  administrative  burden  for  enterprises  and,  in  particular, 
for SMEs. 

1. 

CONTEXT OF THE PROPOSAL 

1.1. 

Grounds for and objectives of the proposal 

The objective of the Construction Products Directive (89/106/EEC)1, referred to hereafter as 
the CPD, is to ensure free circulation and use of construction products in the Internal Market. 

In October 2005, the Commission launched a three year rolling programme for simplification 
as part of its Better Regulation: Simplification Strategy2. The aim is to make legislation less 
burdensome,  easier  to  apply  and  thus  more  effective,  while  also  preserving  EU  policy 
objectives.  This  includes  considering  whether  the  approach  originally  chosen  is  the  most 
effective one for meeting the objectives of the legislation. Simplification of the CPD is one of 
the initiatives under this Strategy, with the aim being “to clarify and reduce the administrative 
burden  of  the  CPD,  in  particular  for  SMEs,  through  increased  flexibility  in  the  formulation 
and  use  of  technical  specifications,  lighter  certification  rules,  and  the  elimination  of  the 
implementation obstacles that so far have hampered the creation of a full internal market for 
construction products”3. 

Construction  products  are  intermediate  products  intended  to  be  incorporated  in  construction 
works. The concepts of safety or general interest thus apply to construction products only to 
the extent to which they contribute to the fulfilment of the requirements of the works in which 
they are to be incorporated. 

The New Approach is not the appropriate legislative technique for achieving the objective of 
ensuring  free  circulation  and  use  of  the  construction  products.  However,  in  the  proposed 
Regulation, the New Legal Framework, as defined by the package on the internal market for 
goods4,  is  followed  in  areas  such  as  the  criteria  for  notification  of  bodies  carrying  out  third 
party  tasks  in  the  process  of  attestation  of  declared  performance,  or  market  surveillance 
provisions.  

In  this  context,  the  meaning  of  the  CE  marking  defined  in  this  proposal  is  specific  for 
construction  products:  it  attests  that  the  information  accompanying  the  product  has  been 

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OJ L40 of 11.2.1989, p.12, as amended by Council Directive 93/68/EEC, OJ L220 of 30.8.1993, p.1. 
European  Commission  (2005):COM  (2005)  535  final:  Communication  of  the  Commission  to  the 
European Parliament, The Council, the European Economic and Social Committee and the Committee 
of the Regions – Implementing the Community Lisbon Programme: A Strategy for Simplification of the 
Regulatory Environment, Brussels. 
EC MEMO/05/394 and MEMO/06/426 
COM(2007) 36 final 

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obtained  in  accordance  with  the  proposed  Regulation  and,  therefore,  must  be  considered 
accurate and reliable.  

Other specificities for construction products, which necessitate deviation from the New Legal 
Framework, include the systems of attestation of declared performance; the modules proposed 
in  the  New  Legal  Framework  could  not  be  applied  without  substantial  adaptation  for  this 
sector.  However,  some  slight  modifications  are  proposed  to  the  systems  currently  in  force 
under the CPD. 

In  short,  the  objective  of  the  Regulation  is  not  to  define  the  safety  of  the  products,  but  to 
ensure that reliable information is presented in relation to their performances. This is achieved 
by  providing  a  common  technical  language  to  be  used  by  manufacturers  when  placing 
products on the market and by public authorities when defining the technical requirements of 
works which  influence, either directly or indirectly, the products to be used in those works. 
This  common  technical  language  is  set  out  in  the  harmonised  technical  specifications 
(harmonised  European  standards  (hEN)  and  European  Assessment  Documents  (EAD)) 
developed under this Regulation. 

The  basic  works  requirements  (BWR)  are  proposed  to  comprise  the  national  and  European 
regulatory  requirements  for  construction  works.  The  common  technical  language  of  the 
harmonised  technical  specifications  is  to  provide  the  necessary  tools  for  describing  and 
assessing  the  required  characteristics  of  the  construction  products;  its  use  should  therefore 
enable  the  national  authorities  to  carry  out  all  the  necessary  checks  on  the  products  in 
question,  as  well  as  the  constructors  to  utilise  them  in  the  most  appropriate  and  efficient 
manner.  When  the  performances  of  products  are  set  out  by  Member  States  authorities  or 
declared by manufacturers, this is to be done through this common technical language. 

1.2. 

Consistency with other policies and objectives of the Union 

The general policy objective and the more specific/operational objectives pursued by the CPD 
revision are  not only fully consistent with  several of the  basic Community policies, such as 
the Lisbon Strategy and the policies aiming at better and simplified regulation, but are even a 
direct and necessary consequence of them. 

In  particular,  the  strategies  related  to  sustainable  development  are  to  be  taken  into  account 
through  the  application  of  the  BWRs,  continuing  as  the  basis  for  formulating  technical 
specifications for construction products.  

The common technical  language  required for correct functioning  of the Internal  Market  can 
therefore also be used as a powerful tool at the service of the environmental policies of the 
Union and of Member States in this field. 

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

2.1. 

Consultation methods and general profile of the respondents 

An open consultation was conducted over the internet between 17.03.2006 and 15.06.2006. A 
total number of 319 replies were received, which is considered a good rate of response. All 
relevant  actors  concerned  by  the  CPD  including  industry,  public  administrations  and  other 
interested parties were represented in the survey answers, either through individual or grouped 
responses.  Industrial  representation  in  the  responses  can  be  considered  as  good:  94  sector 

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associations,  both  at  European  and  at  National  level,  and  102  individual  manufacturers 
reacted to the questionnaire. 

- A summary report of the replies received is available at: 

http://ec.europa.eu/enterprise/construction/cpdrevision/consultation_results_en.pdf 
http://ec.europa.eu/enterprise/construction/cpdrevision/consultation_statistics_en.pdf 

- The main findings include: 

•  Nearly all the replies confirm the need for a harmonised legislative framework. Mutual 

recognition is generally viewed as not sufficient to achieve free circulation; 

•  An absolute need for clarification is also confirmed concerning the fundamental elements 
of  the  CPD:  the  general  approach  (performance  based  versus  prescriptive  approach),  the 
meaning and the status (compulsory or not) of CE marking, the acceptance of CE marking 
by the national authorities and the users of construction products as a reliable marking, as 
well as the role of standards and European technical approvals; 

•  The CPD clearly leaves room for simplification. The systems of attestation of conformity 
should be simplified and reduced in number. The European technical approval route for CE 
marking is perceived as necessary, but the administrative procedures for its delivery must 
be streamlined and guidelines for European technical approval (ETAG) should disappear. 
The  “no  performance  determined”  (NPD)  option  should  be  maintained,  but  needs  better 
definition as a means of simplifying the application of the CPD and avoiding unnecessary 
costs for companies; 

•  Demonstrated concern exists about the potential specific effects of the CPD on small and 
medium-sized  enterprises  (SMEs).  Particular  emphasis  is  given  to  the  need  for 
appropriate  treatment  specifically  for  non-series  products.  Besides,  any  changes  to  the 
CPD should not place undue burden on the business activity of SMEs; 

•  Finally,  a  unanimous  request  is  brought  up  for  reinforcing  the  credibility  of  the  whole 
system, notably by strengthening the criteria for designation and notification of bodies and 
by a better coordination of market surveillance. 

2.2. 

Impact assessment of policy alternatives 

As part of the policy on better regulation the Commission implemented an impact assessment 
of policy alternatives. Three options were considered: Option 1 – No EU action: no change; 
Option 2 – No legislation; Option 3 – Revision of the CPD. 

Option 1 - No EU action: no change 

The  baseline  option  is  for  the  CPD  to  continue  to  be  in  force  as  it  currently  exists.  Its 
requirements  would  not  be  clarified  or  simplified  in  any  other  manner  than  the  changes 
related  to  the  natural  evolution  of  the  legislation  in  its  current  form  and  to  legislation 
applicable to this field beyond the CPD. 

However,  some  of  the  existing  divergences  in  national  requirements  and  in  testing  and 
certification  regimes  could  be  reduced  through  already  initiated  means  of  administrative 
cooperation between national authorities. 

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Nevertheless,  the  in-depth  analysis  of  this  option  demonstrates  that  many  of  the  current 
problems,  such  as  the  unclear  meaning  of  CE  marking,  the  different  approaches  to  CE 
marking  (mandatory,  non-mandatory),  the  complexity  of  the  system,  the  insufficient 
acceptance of CE marking and the proliferation of national marks, will continue to exist. This 
is  confirmed  by  the  most  recent  data  on  complaints  and  infringements  in  areas  already 
covered by harmonised technical specifications. Thus, the CPD would continue to fail to meet 
its objective of free circulation and use of construction products in the Internal Market. 

Option 2 - No legislation 

This option would imply a repeal of the CPD without any substitute, and a reversion to mutual 
recognition taking into account the New Legal Framework. 

In  practice  the  Internal  Market  would  be  based  exclusively  on  the  principle  that  a  product 
lawfully marketed in one Member State can be marketed in any other Member State, even if 
the product does not fully comply with the technical rules of the destination Member State, as 
long as a Member State has not sufficiently justified reasons for banning the product on the 
market in its territory.  

COM(1999)299 final on improving the application of the principle of mutual recognition in 
the Single Market identified construction in the top five sectors for infringements of mutual 
recognition, between 1996 and 1998, under Article 28 (former Article 30) of the Treaty. By 
the time of COM(2002)419 final, the number of infringements in the construction sector had 
increased marginally over the period 1998-2001 to rank in the top four industry sectors. The 
most  recent  available  data  confirms  these  trends  and  shows  that  mutual  recognition  is  not 
sufficient for assuring efficient functioning of the internal market for construction products.  

In  May  2006,  the  stakeholder  consultation  showed  that  manufacturers  almost  unanimously 
consider that mutual recognition would not be able to achieve the free circulation and use of 
construction products in the internal market. 

The  external  study5,  contracted  for  preparing  the  Impact  Assessment  of  the  revision  of  the 
CPD,  analysed  whether  or  not  the  ‘no  legislation’  option  would  address  the  problems 
identified in relation to the CPD. Unsurprisingly, given the above discussion, the conclusion 
was that this option would not fulfil the objective of free circulation of construction products 
in the Internal Market. 

Option 3 - Revision of the CPD: the preferred option  

Option 3, to revise the Community legislation, is the preferred option. It consists of a package 
which mirrors the existing necessity and scores best in the Impact Assessment. It is the only 
one fully corresponding to the issues and problems requiring action as well as to the findings 
of  the  stakeholder  consultation  undertaken  in  this  respect.  It  addresses  the  main  identified 
problem drivers in an optimal way and allows the best possible improvements with regard to 
those who are affected. It also safeguards the general acquis and the technical specifications 
established  under  the  current  CPD.  Finally  it  strictly  respects  the  balanced  subsidiarity 
achieved in the field of construction, i.e. Member States are competent for the rules of design 

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and building of works, while EU legislation ensures the Internal Market for the products used 
in such works.  

3. 

ADDRESSING THE IDENTIFIED PROBLEMS 

3.1. 

Clarification needs 

The  proposed  Regulation  contains  a  precise  definition  of  its  subject  matter  as  well  as 
definitions of the most pertinent concepts in the field of the Internal Market for construction 
products.  Even  more  importantly,  the  specific  meaning  of  CE  marking  for  construction 
products  is  determined  clearly:  This  will  help  to  avoid  confusion  with  other  pieces  of 
legislation providing for its affixing. 

CE  marking  for  construction  products  entails  the  declaration  of  relevant  information  in 
relation  to  the  performance  of  the  product,  accompanying  the  placing  on  the  market  of  that 
product; in addition, this information is to have been obtained following the provisions of the 
Regulation. 

To  ease  the  burden  on  SMEs,  specific  provisions  for  micro-enterprises  and  for  individual 
products are foreseen. 

Moreover,  the  specific  role  and  meaning  of  the  harmonised  technical  specifications,  i.e. 
harmonised  standards  and  EADs,  are  also  clarified:  they  should  be  based  on  the  concept  of 
performance. As a consequence of this, the role of harmonised technical specifications is to 
provide test or calculation methods which should be the most appropriate ones for assessing 
and verifying constancy of the performances of the respective products. 

Finally, CE marking will be mandatory for declaring the performances of products covered by 
the  harmonised  standards.  Still,  the  proposal  preserves  the  voluntary  character  of  the 
harmonised standards by offering to the manufacturers the alternative route of the European 
Technical Assessment (ETA) for obtaining CE marking. 

3.2. 

Reinforcing the credibility of the system 

The  proposal,  following  the  New  Legal  Framework,  introduces  new  and  stricter  criteria  for 
the  notification  of  bodies  carrying  out  third  party  tasks  in  the  process  of  assessment  and 
verification of constancy of performance. Along the same lines, the proposal defines stringent 
criteria also for the designation of Technical Assessment Bodies (TAB). As a result, one can 
expect  a  greater  acceptance  of  CE  marking  by  Member  States’  authorities  and  by  clients 
(designers,  contractors  and  owners),  as  the  only  marking  attesting  compliance  of  the 
construction products with declared performances. 

Furthermore,  the  provisions  on  safeguard  procedure  of  the  New  Legal  Framework  are 
included in this proposal: this will also enhance the credibility of the whole system. 

3.3. 

Simplification needs 

Simplification is the main objective of this proposal. Coinciding with the experience gained 
through the application of the CPD, and further to the simplifications induced by clarification, 
the proposal also includes an important number of measures aimed at simplifying the route to 
CE  marking,  thereby  reducing  the  administrative  burden  of  enterprises  and  in  particular  of 

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micro-enterprises.  Some  of  these  measures  apply  directly  such  as  those  related  to  micro-
enterprises,  which  will  be  given  simplified  access  to  CE  marking,  where  the  products  they 
place on the market do not imply significant safety concerns. Specific simplified measures are 
also foreseen for dealing with individual and non-series products.  

The  procedures  for  obtaining  a  European  Technical  Assessment  (ETA)  are  also  to  be 
simplified and clarified. Besides, European standardisation bodies and Technical Assessment 
Bodies are encouraged to replace testing in the harmonised technical specifications by other 
less  onerous  methods,  such  as  descriptive  methods,  and  to  introduce  classes,  as  far  as 
possible,  in  the  harmonised  standards  in  order  to  facilitate  the  use  of  the  concepts  “without 
testing” or “without further testing”. 

Finally,  the  introduction  of  the  Specific  Technical  Documentation  (STD)  will  facilitate  the 
sharing of tests results performed by a third party, as well as the cascading of testing, i.e. the 
transfer  of  testing  results  from  upstream  to  downstream  stages  of  production  or  from  a 
systems provider or a models designer to the assembler of such systems or models.  

These  measures  are  expected  to  significantly  reduce  the  administrative  cost  of  placing 
construction  products  on  the  European  market  without  decreasing  the  levels  of  safety  for 
construction works. The most significant simplification measures foreseen in the proposal can 
be grouped as follows: 

3.3.1.  Measures of general application 

Systems of assessment and verification of constancy of performance 

–  Change from 6 to 5 systems by the elimination of the former system 2; 

–  Simplification of the former system 1+ by the removal of audit testing on the construction 
site and on the market. This system, which is the most demanding according to the CPD, 
requires,  in  addition  to  the  tests  performed  in  the  production  plant  before  placing  the 
product on the market, a set of tests that can be performed on the product either already on 
the market or on the construction site. The requirement for such tests has been removed. 

–  Introduction  of  « witness  tests »,  i.e.  the  possibility  of  performing  tests  in  the 
manufacturer’s  production  plant,  in  order  to  avoid  moving  samples  of  products  to  the 
notified body’s laboratory. 

Methods intended to reduce the cost of testing 

–  Introduction  of  a  soft  system  where  the  manufacturer’s  declaration  of  performances  is 
simply supported by a Specific Technical Documentation (STD), which the manufacturer 
keeps in the factory at disposal of the market surveillance authorities.  

Through the STD, the following tools are created:  

–  Without  testing :  under  certain  conditions,  to  be  defined  in  the  harmonised  technical 
specifications  or  by  a  Commission  decision,  the  product  must  be  considered  without 
testing,  as  being  suitable  for  a  specific  use  or  able  to  reach  a  specific  level  or  class  of 
performance; 

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–  Without further testing: in the same way, on the basis of a number of tests carried out by 
a  third  party,  and  under  certain  conditions,  to  be  defined  in  the  harmonised  technical 
specifications  or  by  a  Commission  decision,  the  product  must  be  considered  without 
further testing, as being suitable for a specific use or able to reach a specific level or class 
of performance; 

–  Sharing type testing: Manufacturer will be able to use the results of tests carried out by a 
third party as long as his product shares the factors determining this product-type, i.e. they 
use the same basic materials and are manufactured using similar production systems; 

–  Cascading type testing: Manufacturers assembling kits or systems can use the results of 
the tests performed by the providers of such kits or systems, under their authorisation and 
instructions.  In  addition,  tests  performed  in  upstream  stages  of  the  production  process 
shouldn’t be repeated in downstream stages, provided that the performance characteristics 
are not modified. These measures will have important effects in the reduction of the cost of 
products placed on the market without reducing the safety of the works being built. They 
will particularly benefit the SMEs. 

Further to the above concrete measures, the technical specification writers are formally 
requested to use, in their technical specifications, evaluation methods that are less onerous 
than testing, whenever possible. 

3.3.2.  Measures of specific application  

Treatment of individually manufactured products  

The treatment of individually manufactured products is also simplified by using the new STD. 
Again, this simplification measure applies to all the companies manufacturing such products, 
but has special relevance for SMEs and, in particular, for artisans and micro-enterprises.  

Treatment of micro-enterprises  

Moreover,  the  proposal  foresees  specific  treatment  for  micro-enterprises,  which  are  given 
the possibility of replacing the applicable system for assessment and verification of constancy 
of performance by a STD, without the intervention of a third party, except for products having 
a very important role in assuring the safety of the works.  

3.3.3.  European Technical Assessment (ETA) system 

Pursuant to the CPD, the system of European technical approvals is the route to CE marking 
reserved  for  products  not  covered  by  any  harmonised  standards.  This  system  has  frequently 
been criticised mainly owing to its complexity, cost and lack of transparency. 

Firstly,  it  should  be  considered  that,  in  the  absence  of  a  harmonised  standard,  the  work  of 
issuing  a  European  technical  approval  consists  basically  of  creating  a  new  technical 
specification, i.e. determining the tests or other assessment methods to be applied to a product 
for evaluating its performance. This is, in fact, a complex and difficult task, necessary in order 
to allow the product to be placed on the market with CE marking. This practice has existed in 
MS for years, which explains the existence of solid national bodies in this field. 

The  results  of  the  stakeholder  consultation  indicated  that  this  route  is  still  needed  and  valid 
but that improvements are necessary. The objective of the revision is therefore to simplify the 

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system  as  much  as  possible,  by  simplifying  the  procedures,  making  the  system  more 
transparent  and  by  giving  a  bigger  role  to  the  manufacturer  in  deciding  the  content  of  the 
assessment.  

The main changes proposed for the system can be summarised as follows: 

1. 

2. 

3. 

4. 

5. 

European Technical Assessments (ETA) are to continue as a voluntary route to CE 
marking,  as an option to the use of harmonised standards. A ETA could be carried 
out  even  when  a  harmonised  standard  exists  for  the  same  product,  thereby  giving 
more flexibility and choice to the manufacturer. 

At  present,  the  CPD  does  not  contain  criteria  related  to  sectoral  competence  of 
Technical  Assessment  Bodies.  On  the  contrary,  the  proposal  explicitly  sets  strict 
criteria for them, including those related to sectoral competence, but also to technical 
competences in one or more of 11 defined sectoral domains. 

The  current  system  recognises  two  routes  for  European  technical  approvals,  the 
Guidelines  (ETAGs)  and  the  Common  Understanding  Assessment  Procedure 
(CUAP).  These  two  are  to  be  replaced  by  a  single  simplified  route,  the  European 
Assessment Document (EAD). 

The  manufacturer  is  given  a  crucial  role  in  the  development  of  the  EAD,  as  he 
decides  which  characteristics  have  to  be  dealt  with;  he  intervenes  in  the  procedure 
and he signs the definitive contract only when he knows the exact work programme, 
the timing and the cost of the procedure. 

In terms of timing, the proposed procedure foresees, as objectives, 4.5 months for the 
elaboration  of  the  EAD,  as  compared  to  estimated  averages  (not  foreseen  in  the 
CPD) of 14.5 months for a CUAP and more than 24 months for the preparation of a 
ETAG. 

4. 

LEGAL ELEMENTS OF THE PROPOSAL  

4.1. 

Summary of the proposed action 

The proposed Regulation foresees the repeal of the CPD. In general, when an act is repealed 
the  principle  of  "parallel;  forms"  applies,  that  is  to  say,  the  repeal  of  a  Directive  would  be 
effected  by  a  replacement  Directive.  However,  due  to  the  particular  circumstances  of  this 
case, namely: 

•  considerations linked to the effectiveness of the Regulation as far as the fulfilment of the 

Internal Market objectives are concerned;  

•  experience  with  the  current  CPD,  showing  important  differences  in  the  content  and  the 
timing  of  the  transpositions  by  Member  States,  which  have  had  negative  implications  on 
the functioning of the Internal Market for construction products.  

•  practical difficulties caused by the different transpositions, well exemplified by the present 
situation concerning the status of CE marking. The CPD has been transposed in such a way 
that  CE  marking  is  considered  voluntary  in  4  Member  States  and  mandatory  in  the  rest. 

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Industry  is  very  unsatisfied  with  this  situation;  still,  this  dilemma  has  not  been  resolved 
until now. 

For these reasons, it is considered that the most effective means of replacing the CPD is by 
means of a directly applicable instrument. A Regulation is therefore chosen to be proposed as 
the  most  appropriate  act,  being  directly  applicable.  The  problem  of  divergent  interpretation 
and implementation by Member States is thus expected to be avoided. 

4.2. 

Legal basis 

The proposal is based on Article 95 of Treaty. 

4.3. 

Subsidiarity 

The proposal is based on a clear principle of distribution of competences and responsibilities 
between the Union and Member States in the field of the construction process. 

Member States are responsible for ensuring that building and civil engineering works on their 
territory  are  designed  and  built  in  a  way  that  does  not  endanger  the  safety  of  persons, 
domestic  animals  and  property  while  respecting  other  basic  requirements  in  the  interest  of 
general well-being. 

On  the  other  hand,  the  objective  of  this  act  of  Community  legislation  is  to  provide  the 
framework for the achievement of the Internal Market for construction products, for which the 
Treaty gives the responsibility to the Union. 

The removal of technical barriers in the construction field, to the extent that they cannot be 
removed  by  mutual  recognition  of  equivalence  among  all  the  Member  States,  may  only  be 
achieved by the establishment of a common technical language by which manufacturers will 
express the performance in relation to the essential characteristics of the construction products 
they  place  on  the  market.  The  proposed  legislation  predominantly  aims  to  provide  the 
necessary requirements for establishing this harmonised technical language. 

4.4. 

Proportionality principle 

The proposal is very largely built on existing practices, procedures and infrastructures which 
it consolidates, clarifies and simplifies, rather than creating new measures and infrastructures. 

Concerning the reinforcing of the criteria for the notification of bodies carrying out third party 
tasks in the process of assessment and verification of constancy of performance, as well as the 
safeguard clause provisions, the New Legal Framework is strictly followed.  

Criteria  for  the  designation  and  notification  of  the  technical  assessment  bodies  follow  the 
same line with some adaptations taking into account the specific functions these bodies will 
undertake. 

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2008/0098 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

LAYING DOWN HARMONISED CONDITIONS FOR THE MARKETING OF THE 
CONSTRUCTION PRODUCTS 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
95 thereof, 

Having regard to the proposal from the Commission6, 

Having regard to the opinion of the European Economic and Social Committee7, 

Having regard to the opinion of the Committee of the Regions8, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty9, 

Whereas: 

(1) 

(2) 

(3) 

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9 
10 

The rules of Member States require that construction works are designed and executed 
so as not to endanger the safety of persons, domestic animals and property. 

Those  rules  have  a  direct  influence  on  the  requirements  of  construction  products. 
Those requirements are consequently reflected in national product standards, national 
technical  approvals  and  other  national  technical  specifications  and  provisions  related 
to construction products. By their disparity, those requirements hinder trade within the 
Community. 

Council  Directive  89/106/EEC  of  21  December  1988  on  the  approximation  of  laws, 
to 
regulations  and  administrative  provisions  of 
construction products10, aimed at the removal of technical barriers to trade in the field 
of  construction  products,  in  order  to  enhance  their  free  movement  in  the  internal 
market. 

the  Member  States  relating 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
JO L 40, 11.2.1989, p.12. Directive as last amended by Regulation (EC) No 1882/2003 of the European 
Parliament and of the Council (OV L 284, 31.10.2003. p. 1.). 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

In  order  to  achieve  that  objective,  Directive  89/106/EEC  provided  for  the 
establishment of harmonised standards for construction products and provided for the 
granting of European technical approvals. 

Directive 89/106/EEC should be replaced in order to simplify and clarify the existing 
framework,  and  improve  the  transparency  and  the  effectiveness  of  the  existing 
measures. 

It  is  necessary  to  provide  for  simplified  procedures  for  drawing  up  declarations  of 
performance  in  order  to  alleviate  the  financial  burden  of  SMEs  and  in  particular  of 
micro-enterprises. 

Regulation  […]  of  the  European  Parliament  and  of  the  Council  setting  our  the 
requirements  for  accreditation  and  market  surveillance  relating  to  the  marketing  of 
products  and  Decision  […]  of  theEuropean  Parliament  and  of  the  Council  on  a 
common  framework  for  the  marketing  of  products  provide  for  a  horizontal  legal 
framework  for  the  marketing  of  products  in  the  internal  market.  Therefore  this 
Regulation should take account of that legal framework. 

The removal of technical barriers in the field of construction may only be achieved by 
the establishment of harmonised technical specifications for the purposes of assessing 
the performance of construction products.  

Those  harmonised  technical  specifications  should  include  testing,  calculation  and 
other  means,  defined  within  harmonised  standards  and  European  Assessment 
Documents (EAD) for assessing performance in relation to the essential characteristics 
of construction products. 

(10)  The  methods  used  by  the  Member  States  in  their  requirements  for  works,  as  well  as 
other national rules in relation to the essential characteristics of construction products, 
should be in accordance with harmonised technical specifications. 

(11) 

It is necessary to establish basic works requirements in order to provide the basis for 
the preparation of the mandates and harmonized standards and for the elaboration of 
the EADs for construction products. 

(12)  Where appropriate, performance levels in relation to the essential characteristics, to be 
fulfilled  by  construction  products  in  Member  States  should  be  established  in  the 
harmonized  technical  specifications  so  as  to  take  account  of  different  levels  of  basic 
works requirements for certain works as well as of the differences in climate, geology 
and geography and other different conditions prevailing in the Member States. 

(13)  The European Committee for Standardization (CEN) and the European Committee for 
Electrotechnical  Standardization  (CENELEC)  are  recognized  as  the  competent 
organisations for the adoption of harmonized standards in accordance with the general 
guidelines  for  cooperation  between  the  Commission  and  those  two  organisations 
signed on 28 March 2003. 

(14)  Those harmonised standards should provide the appropriate tools for the harmonised 
assessment  of  the  performance  in  relation  to  the  essential  characteristics  of 
construction  products.  Harmonised  standards  should  be  established  on  the  basis  of 

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mandates adopted by the Commission, covering the relevant families of construction 
products, in accordance with Article 6 of Directive 98/34/EC. 

(15)  The procedures under Directive 89/106/EEC for assessing performance in relation to 
the  essential  characteristics  of  construction  products  not  covered  by  a  harmonised 
standard should be simplified  in  order to make  them  more  transparent  and  to  reduce 
costs to manufacturers of construction products. 

(16) 

In order to allow manufacturers and importers of construction products to draw up a 
declaration  of  performance  for  construction  products  which  are  not  covered  by  a 
harmonised standard it is necessary to provide for a European Technical Assessment. 

(17)  To  provide  the  manufacturer  and  the  importer  with  additional  flexibility  for  the 
assessment of the performance of the construction product he intends to place on the 
market,  he  should  be  entitled  to  request  a  European  Technical  Assessment  also  in  a 
case in which the product is covered by a harmonised standard. 

(18)  Manufacturers  and  importers  of  construction  products  should  be  allowed  to  request 
European  Technical  Assessments  to  be  carried  out  for  their  products  on  the  basis  of 
technical  approval  established  under  Directive 
the  guidelines  for  European 
89/106/EEC. Therefore, the continuing validity of these guidelines as EADs should be 
ensured. 

(19)  The establishment of draft EADs and the issuing of European Technical Assessments 
should  be  entrusted  to  Technical  Assessment  Bodies  (TAB)  designated  by  Member 
States. In order to ensure that TABs have necessary competence for carrying out those 
tasks,  the  requirements  for  their  designation  should  be  set  out  at  Community  level. 
Therefore it is also necessary to provide for periodical evaluations of TABs by TABs 
from other Member States. 

(20)  The  TABs  should  establish  an  organisation  to  coordinate  the  procedures  for  the 

establishment of draft EADs and for issuing of the European Technical Assessments. 

(21)  The  placing  on  the  market  of  construction  products  which  are  covered  by  a 
harmonised standard or for which a European Technical Assessment has been issued 
should  be  accompanied  by  a  declaration  of  performance  in  relation  to  the  essential 
characteristics  of  the  product  in  accordance  with  the  relevant  harmonised  technical 
specifications. 

(22)  The  manufacturer  should  be  entitled  not  to  make  a  declaration  of  performance  for 
those essential characteristics of construction products for which no requirements exist 
where he intends to place the product on the market. 

(23)  When no requirements related to the essential characteristics of construction products 
exist where the manufacturer intends to place the product on the market, he should be 
allowed to place such a product on the market without a declaration of performance. 

(24) 

It  is  necessary  to  provide  for  simplified  procedures  for  drawing  up  declarations  of 
performance  in  order  to  alleviate  the  financial  burden  of  SMEs  and  in  particular  of 
micro-enterprises. 

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(25) 

In  order  to  ensure  that  the  declaration  of  performance  is  accurate  and  reliable,  the 
performance of the construction product should be assessed and the production in the 
factory should be controlled in accordance with an appropriate system of assessment 
and verification of constancy of performance of the construction product. 

(26)  Given  the  specificity  of  construction  products  and  the  particular  focus  of  the  system 
for  their  assessment,  the  procedures  for  the  conformity  assessment  foreseen  in  the 
Decision (EC) ……, and the modules set out in that Decision, are not appropriate for 
those products. Therefore, specific methods should be established for the assessment 
and verification of constancy of performance in relation to the essential characteristics 
of construction products.  

(27)  Due  to  the  difference  in  the  meaning  of  the  CE  marking  for  construction  products, 
when  compared  to  the  general  principles  set  out  in  Regulation  (EC)  …,  specific 
provisions should be put in place to ensure the clarity of the obligation to affix the CE 
marking to construction products and the consequences of that affixing. 

(28)  By  affixing  or  having  affixed  the  CE  marking  to  construction  product,  the 
manufacturer  should  take  responsibility  for  the  conformity  of  that  product  with  its 
declared performance. 

(29)  The  CE  marking  should  be  affixed  to  all  construction  products,  for  which  the 
manufacturer  has  drawn  up  a  declaration  of  performance  in  accordance  with  this 
Regulation.  If  a  declaration  of  performance  has  not  been  drawn  up,  CE  marking 
should not be affixed. 

(30)  The  CE  marking  should  be  the  only  marking  which  attests  conformity  of  the 
construction product with the declared performance and with applicable requirements. 
Therefore,  no  additional  markings  should  be  imposed  to  the  construction  products 
bearing  it  by  the  Member  States  nor  by  public  bodies  or  private  bodies  acting  as  a 
public undertaking, or acting as a public body on the basis of a monopoly position or 
under  a  public  mandate,  when  the  requirements  for  this  use  in  that  Member  State 
correspond to the declared performance. 

(31)  To  avoid  unnecessary  testing  of  construction  products,  for  which  performance  has 
already sufficiently been demonstrated by stable previous test results or other existing 
data, the manufacturer should be allowed, under conditions set up in the harmonised 
technical specifications or in a Commission Decision, to declare a certain level or class 
of performance without testing or without further testing. 

(32)  To  avoid  duplicating  tests  already  carried  out,  a  manufacturer  of  a  construction 

product should be allowed to use the test results obtained by a third party. 

(33)  To  decrease  the  cost  of  placing  products  on  the  market  for  micro-enterprises,  it  is 
necessary  to  provide  for  simplified  procedures  for  assessment  and  verification  of 
constancy  of  performance,  when  the  products  in  question  do  not  imply  significant 
safety concerns. 

(34)  For  individually  designed  and  manufactured  construction  products  the  manufacturer 
should  be  allowed  to  use  simplified  procedures  for  assessment  and  verification  of 

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constancy of performance, where the compliance of the product placed on the market 
with the applicable regulatory provisions can be demonstrated. 

(35) 

It is important to ensure the accessibility of national technical rules, so that enterprises, 
and in particular SMEs, can  gather reliable and precise  information about the  law in 
force in the Member State where they intend to market their products. Product Contact 
Points established by the Regulation (EC) No … of the European Parliament and of the 
Council  of  […2008]  laying  down  procedures  relating  to  the  application  of  certain 
national  technical  rules  to  products  lawfully  marketed  in  another  Member  State  and 
repealing  Decision  3052/95/EC  should  therefore  provide  information  also  on  rules 
applicable  to  the  incorporation,  assembling  or  installation  of  a  specific  type  of 
construction product. 

(36)  For the purposes of ensuring an equivalent and consistent enforcement of Community 
harmonisation  legislation,  effective  market  surveillance  should  be  operated  by  the 
Member States. Regulation (EC) N°… of the European Parliament and of the Council 
of  […2008]  setting  out  the  requirements  for  accreditation  and  market  surveillance 
relating to the marketing of products provides the basic conditions for the functioning 
of such market surveillance. 

(37)  The  responsibility  of  Member  States  for  safety,  health  and  other  matters  covered  by 
the  basic  works  requirements  on  their  territory  should  be  recognized  in  a  safeguard 
clause providing for appropriate protective measures. 

(38)  Since  it  is  necessary  to  ensure  throughout  the  Community  a  uniform  level  of 
performance  of  bodies  carrying  out  assessment  and  verification  of  constancy  of 
performance  of  construction  products  and  since  all  such  bodies  should  perform  their 
functions  to  the  same  level  and  under  conditions  of  fair  competition,  requirements 
should  be  set  for  performance  assessment  bodies  seeking  to  be  notified  for  the 
purposes  of  this  Regulation.  Provisions  should  also  be  made  for  the  availability  of 
adequate information about such bodies and for their monitoring.  

(39) 

In  order  to  ensure  a  coherent  level  of  quality  in  assessment  and  verification  of 
constancy  of  performance  of  construction  products,  it  is  also  necessary  to  establish 
requirements applicable to the authorities responsible for notifying the bodies carrying 
out these tasks to the Commission and the other Member States. 

(40)  Since the objectives of the proposed action, namely to achieve the proper functioning 
of  the  Internal  Market  for  construction  products  by  means  of  harmonised  technical 
specifications  for  expressing  the  performance  of  construction  products,  cannot  be 
sufficiently achieved by the Member States and can therefore, by reason of scale and 
effects, be better achieved at Community level, the Community may adopt measures, 
in  accordance  with  the  principle  of  subsidiarity  set  out  in  Article  5  of  the  Treaty.  In 
accordance  with  the  principle  of  proportionality,  as  set  out  in  this  Article,  this 
Regulation does not go beyond what is necessary in order to achieve those objectives. 

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(41)  The measures necessary for the implementation of this Regulation should be adopted 
in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the 
procedures for the exercise of implementing powers conferred on the Commission11. 

(42) 

In  particular  the  Commission  should  be  empowered  to  establish  conditions  under 
which the declaration of performance may be available on a web site, to determine the 
period  during  which  manufacturers,  importers  and  distributors  should  keep  the 
technical  documentation  and  the  declaration  of  performance  available,  to  establish 
classes  of  performance  in  relation  to  the  essential  characteristics  of  construction 
products,  to  establish  the  system  of  assessment  of  performance  and  verification  of 
constancy of the declared performance to be applied to a given construction product or 
family  of  construction  products,  to  establish  the  format  of  the  European  Technical 
Assessment,  to  establish  procedures  for  carrying  out  the  evaluation  of  TABs  and  to 
amend Annexes I to V. Since those measures are of general scope and are designed to 
amend  non-essential  elements  of  this  Regulation,  inter  alia  by  supplementing  it  with 
new  non-essential  elements,  they  must  be  adopted  in  accordance  with  the  regulatory 
procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. 

(43)  Since  a  period  of  time  is  required  to  ensure  that  the  framework  for  the  proper 
functioning of this Regulation is in place, its application should be deferred with the 
exception of the provisions concerning the designation of TABs, notifying authorities 
and  notified  bodies,  the  establishment  of  an  organisation  of  TABs  and  the 
establishment of the Standing Committee.  

HAVE ADOPTED THIS REGULATION: 

11 

OJ L184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L200, 22/7/2006, p.11). 

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CHAPTER I 
GENERAL PROVISIONS 

Article 1 
Subject matter 

This Regulation lays down rules on how to express the performance of construction products 
in relation to their essential characteristics and on the use of CE marking on those products. 

Article 2 
Definitions 

For the purposes of this Regulation the following definitions shall apply: 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

"construction product" means any product or kit which is produced and placed on the 
market  for  incorporation  in  a  permanent  manner  in  construction  works  or  parts 
thereof  so  that  the  dismantling  of  the  product  decreases  the  performance  of  the 
construction  works  and  the  dismantling  or  replacement  of  the  product  constitute 
construction operations; 

"works" means buildings and civil engineering works; 

"essential  characteristics"  means  those  characteristics  of  the  construction  product 
which relate to the basic works requirements; 

"harmonised  technical  specifications"  means  harmonised  standards  and  European 
Assessment Documents; 

"making  available  on  the  market"  means  any  supply  of  a  construction  product  for 
distribution or use on the Community market in the course of a commercial activity, 
whether in return for payment or free of charge;  

"placing on the market" means the first making available of a construction product 
on the Community market; 

"manufacturer" means any natural or legal person who manufactures a construction 
product or who has such a product manufactured, under his name or trademark; 

“distributor”  means  any  natural  or  legal  person  in  the  supply  chain,  other  than  the 
manufacturer  or  the  importer,  who  makes  a  construction  product  available  on  the 
market; 

“importer”  means  any  natural  or  legal  person  established  within  the  Community, 
who places a construction product from a third country on the Community market; 

10. 

“economic  operators”  means  the  manufacturer,  the  importer,  distributor  and  the 
authorised representative; 

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11. 

12. 

13. 

14. 

15. 

16. 

17. 

18. 

19. 

20. 

1. 

“authorised representative” means any natural or legal person established within the 
Community who has received mandate from the manufacturer to act on his behalf for 
specific tasks; 

“harmonised  standard”  means  a  standard  adopted  by  one  of  the  European 
standardisation  bodies  listed  in  Annex  I  to  Directive  98/34/EC,  on  the  basis  of  a 
request issued by the Commission, in accordance with Article 6 of that Directive; 

"European Assessment Document" means a document adopted by the organisation of 
Technical Assessment Bodies;  

“accreditation" has the meaning assigned to it by Regulation (EC) No […]; 

“withdrawal”  means  any  measure  aimed  at  preventing  the  making  available  on  the 
market of a construction product in the supply chain; 

"recall" means any measure aimed at achieving the return of a construction product 
that has already been made available on the market; 

"product-type"  means  the  performance  of  a  construction  product  produced  using  a 
given  combination  of  raw  materials  or  other  elements  in  a  specific  production 
process; 

"factory production control” means the permanent internal control of the production 
in a factory; 

"micro-enterprise"  means  a  micro-enterprise  as  defined  in  the  Commission 
Recommendation  of  6  May  2003  concerning  the  definition  of  micro,  small  and 
medium sized enterprises12; 

“life cycle” means the consecutive and interlinked stages of a product life, from raw 
material acquisition or generation from natural resources to final disposal. 

Article 3 
Basic works requirements and essential product characteristics 

The  essential  characteristics  of  construction  products  shall  be  laid  down  in 
harmonised  technical  specifications  in  relation  to  the  basic  works  requirements 
which are set out in Annex I. 

12 

OJ L 124, 20.5.2003, p. 36. 

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CHAPTER II 
DECLARATION OF PERFORMANCE 
AND CE MARKING  

Article 4 
Conditions for drawing up declaration of performance 

1. 

The manufacturer or the importer when placing a construction product on the market 
shall make a declaration of performance if the following conditions are met: 

(a) 

(b) 

the  construction  product  is  covered  by  a  harmonised  standard,  or  a  European 
Technical Assessment has been issued for that product; and 

the  requirements  in  relation  to  essential  characteristics  of  that  product  exist 
where the manufacturer or importer intends to place the product on the market. 

The manufacturer or the importer may make a declaration of performance where the 
requirements referred to in point (b) do not exist. 

The  declaration  of  performance  referred  to  in  paragraph  1  shall  cover  at  least  the 
essential characteristics for which requirements referred to in point b of paragraph 1 
exist. 

Member  States  shall  presume  the  declaration  of  performance  drawn  up  by  the 
manufacturer or the importer to be accurate and reliable.   

Article 5 
Content of the declaration of performance 

The  declaration  of  performance  shall  express  the  performance  of  construction 
products  in  relation  to  the  essential  characteristics  of  those  products  in  accordance 
with the relevant harmonised technical specifications. 

2. 

3. 

1. 

2. 

The declaration of performance shall contain the following information: 

(a) 

the product-type for which it has been drawn up; 

(b) 

(c) 

the list of the essential characteristics of the construction product for which the 
performance is declared, and the levels or classes of that performance; 

the  reference  number  of  the  harmonised  standard,  the  European  Assessment 
Document or the Specific Technical Documentation, which has been used for 
the assessment of each essential characteristic. 

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Article 6 
Form of the declaration of performance 

A copy of the declaration of performance shall be supplied with each product which 
is made available on the market. 

However, where a batch of the same product is delivered to a single user, it may be 
accompanied by one copy of the declaration of performance. 

The  copy  of  the  declaration  of  performance  may  be  supplied  by  electronic  means 
only with the express agreement of the recipient.  

By  way  of  derogation  from  paragraphs  1  and  2,  the  content  of  the  declaration  of 
performance  may  be  made  available  on  a  web  site  in  accordance  with  conditions 
established by the Commission. 

Those  measures,  designed  to  amend  non-essential  elements  of  this  Regulation,  by 
supplementing it, shall be adopted in accordance with the regulatory procedure with 
scrutiny referred to in Article 51(2).  

The declaration of performances shall be drawn up using the model set out in Annex 
III. 

Article 7 
Use of CE marking 

The CE marking shall be affixed only to those construction products, for which the 
manufacturer has drawn up a declaration of performance in accordance with Articles 
4, 5 and 6. 

If  a  declaration  of  performance  has  not  been  drawn  up  by  the  manufacturer  in 
accordance  with  Articles  4,  5  and  6,  the  CE  marking  may  not  be  affixed  to 
construction products.  

By  affixing  or  having  affixed  the  CE  marking  the  manufacturer  shall  take 
responsibility  for  the  conformity  of  the  construction  product  with  the  declared 
performance.  

The  CE  marking  shall  be  the  only  marking  which  attests  conformity  of  the 
construction product with the declared performance. 

Member  States  shall  not  introduce  national  measures  or  shall  withdraw  any 
references to a conformity marking other than the CE marking. 

Member  States  shall  not  prohibit  or  impede,  within  their  territory  or  under  their 
responsibility, the making available on the market or the use of construction products 
bearing  the  CE  marking,  when  the  requirements  for  this  use  in  that  Member  State 
correspond to the declared performance. 

Member  States  shall  ensure  that  the  use  of  construction  products  bearing  the  CE 
marking  shall  not  be  impeded  by  rules  or  conditions  imposed  by  public  bodies  or 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

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private bodies acting as a public undertaking, or acting as a public body on the basis 
of  a  monopoly  position  or  under  a  public  mandate,  when  the  requirements  for  this 
use in that Member State correspond to the declared performance.  

Article 8 
Rules and conditions for the affixing of CE marking 

1. 

2. 

3. 

4. 

The CE marking shall be subjected to the general principles set out in Article 26a of 
Regulation (EC) N° … 

The  CE  marking  shall  be  affixed  visibly,  legibly  and  indelibly  to  the  construction 
product or to its data plate. Where this is not possible or not warranted on account of 
the nature of the product, it shall be affixed to the packaging or to the accompanying 
documents. 

The CE marking shall be followed by the two last digits of the year in which it was 
affixed, the name or the identifying mark of the producer, the unique identification 
code of the construction product and the number of the declaration of performance.  

The  CE  marking  shall  be  affixed  before  the  construction  product  is  placed  on  the 
market. It may be followed by a pictogram or any other mark indicating a special risk 
or use. 

Article 9 
Product Contact Points 

Each  Member  State  shall  ensure  that  the  Product  Contact  Points  established  in  accordance 
with Regulation (EC) N°…. also provide the information on any technical rules or regulatory 
provisions  applicable  to  the  incorporation,  assembling  or  installation  of  a  specific  type  of 
construction product in the territory of that Member State. 

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CHAPTER III 
OBLIGATIONS OF ECONOMIC OPERATORS 

Article 10 
Obligations of manufacturers 

1. 

2. 

3. 

4. 

5. 

6. 

Manufacturers shall draw up the required technical documentation describing all the 
relevant elements related to the applicable attestation of declared performance.  

Manufacturers  shall  draw  up  the  declaration  of  performance  in  accordance  with 
Articles 4, 5 and 6, and affix CE marking in accordance with Articles 7 and 8.  

Manufacturers  shall  keep  the  technical  documentation  and  the  declaration  of 
performance  for  the  period  determined  by  the  Commission  for  each  family  of 
construction  products  on  the  basis  of  expected  life  and  the  role  of  the  construction 
product in the works. 

Those  measures,  designed  to  amend  non-essential  elements  of  this  Regulation,  by 
supplementing it, shall be adopted in accordance with the regulatory procedure with 
scrutiny referred to in Article 51(2). 

Manufacturers shall ensure that procedures are in place in order for series production 
to  maintain  the  declared  performance.  Changes  in  the  product-type  and  changes  in 
the  applicable  harmonised  technical  specifications  shall  be  adequately  taken  into 
account. 

Manufacturers  shall,  in  all  cases  where  appropriate,  carry  out  sample  testing  of 
marketed construction products, investigating, and, if necessary, keeping a register of 
complaints, and keeping distributors informed of such monitoring. 

Manufacturers  shall  ensure  that  their  construction  products  bear  a  type,  batch  or 
serial number or any other element allowing their identification, or, where the size or 
nature of the product does not allow it, that the required information is provided on 
the packaging or in a document accompanying the construction product. 

Manufacturers  shall  indicate  their  name,  registered  trade  name  or  registered  trade 
mark and the address at which they can be contacted on the construction product or, 
where not possible on its packaging or in a document accompanying the construction 
product. 

Manufacturers  who  consider  or  have  reason  to  believe  that  a  construction  product 
which  they  have  placed  on  the  market  is  not  in  conformity  with  the  declared 
performance, shall immediately take the necessary corrective measures to bring that 
construction product in conformity or withdraw it from the market and recall it from 
end  users,  if  appropriate.  They  shall  immediately  inform  the  national  authorities  of 
the Member States where they made the construction product available to this effect, 
giving  details,  in  particular,  of  the  non-compliance  and  of  the  corrective  measures 
taken.  

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7. 

Manufacturers shall, upon the basis of a reasoned request of the competent national 
authorities,  provide  them  with  all  the  information  and  documentation  necessary  to 
demonstrate 
the  declared 
performance. They shall cooperate with those authorities, at the request of the latter, 
on  any  action  to  avoid  the  risks  posed  by  construction  products  which  they  have 
placed on the market.  

the  construction  product  with 

the  conformity  of 

Article 11 
Authorised representatives 

1. 

Manufacturers may appoint, by a written mandate, an authorised representative.  

The  drawing  up  of  technical  documentation  may  not  form  part  of  the  authorised 
representative's mandate.  

2. 

Where a manufacturer has appointed an authorised representative, the latter shall at 
least do the following: 

(a) 

keep  the  declaration  of  performance  and  the  technical  documentation  at  the 
disposal  of  national  surveillance  authorities  for  the  period  referred  to  Article 
10(2);  

(b)  on  request  from  the  competent  national  authorities,  provide  them  with  all  the 
information and documentation necessary to demonstrate the conformity of the 
product with the declared performance;  

(c) 

co-operate  with  the  competent  authorities,  at  the  request  of  the  latter,  on  any 
action  to  avoid  the  risks  posed  by  construction  products  covered  by  their 
mandate. 

Article 12 
Obligations of importers 

1. 

2. 

When  placing  a construction product on  the Community  market  importers shall act 
with due care in relation to the requirements of this Regulation. 

Before placing a construction product on the market importers shall ensure that the 
assessment  and  the  verification  of  constancy  of  the  declared  performance  has  been 
carried out by the manufacturer. They shall ensure that the manufacturer has drawn 
up the technical documentation referred to in the first subparagraph of Article 10(1). 
They shall draw up the declaration of performance in accordance with Articles 4, 5 
and  6.  They  shall  also  ensure  that  the  product  bears  the  required  CE  marking,  is 
accompanied by the required documents and that the manufacturer has respected the 
requirements set out in Articles 10(4) and 10(5).  

Where an importer considers or has reason to believe that the construction product is 
not  in  conformity  with  the  declaration  of  performance,  he  may  not  place  the 
construction product on the market until it conforms to the accompanying declaration 
of performance or until declaration of performance is corrected. 

EN 

23 

   EN 

 
3. 

4. 

5. 

6. 

7. 

1. 

2. 

Importers  shall  indicate  their  name,  registered  trade  name  or  registered  trade  mark 
and the address at which they can be contacted on the construction product or, where 
not possible, on its packaging or in a document accompanying the product. 

Importers shall ensure that, while a construction product is under their responsibility, 
storage  or  transport  conditions  do  not  jeopardise  its  conformity  with  the  declared 
performance. 

Importers who consider or have reason to believe that a construction product which 
they  have  placed  on  the  market  is  not  in  conformity  with  the  declaration  of 
performance, shall immediately take the necessary corrective measures to bring that 
construction product in conformity or withdraw it from the market and recall it from 
end  users,  if  appropriate.  They  shall  immediately  inform  the  national  authorities  of 
the Member States where they made the construction product available to this effect, 
giving  details,  in  particular,  of  the  non-compliance  and  of  the  corrective  measures 
taken. 

Importers  shall,  for  the  period  referred  to  in  Article  10(2),  keep  a  copy  of  the 
declaration of performance at the disposal of the market surveillance authorities and 
ensure  that  the  technical  documentation  can be  made  available  to  those  authorities, 
upon request. 

Importers  shall,  on  the  basis  of  a  reasoned  request  from  the  competent  national 
authorities,  provide  them  with  all  the  information  and  documentation  necessary  to 
demonstrate 
the  declared 
performance. They shall cooperate with those authorities, at the request of the latter, 
on  any  action  to  avoid  the  risks  posed  by  construction  products  which  they  have 
placed on the market. 

the  construction  product  with 

the  conformity  of 

Article 13 
Obligations of distributors 

When making a product available on the market distributors shall act with due care 
in relation to the requirements of this Regulation. 

Before  making  a  construction  product  available  on  the  market  distributors  shall 
ensure  that  the  product  bears  the  required  CE  marking  and  is  accompanied  by  the 
documents required under this Regulation and by instructions and safety information 
in a language easily understood by users in the Member State where the product is 
made  available  on  the  market  and  that  the  manufacturer  and  the  importer  have 
complied  with  the  requirements  set  out  in  Article  10(4),  Article  10(5)  and  Article 
12(3) respectively. 

Where a distributor considers or has reason to believe that a construction product is 
not  in  conformity  with  the  declaration  of  performance,  he  may  make  the  product 
available  on  the  market  only  after  it  conforms  to  the  accompanying  declaration  of 
performance  or  until  declaration  of  performance  is  corrected..  The  distributor  shall 
inform  the  manufacturer  or  the  importer  to  this  effect  as  well  as  the  market 
surveillance authorities, when the product presents a risk. 

EN 

24 

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3. 

4. 

5. 

A  distributor  shall  ensure  that,  while  a  construction  product  is  under  his 
responsibility,  storage  or  transport  conditions  do  not  jeopardise  its  conformity  with 
the declared performance. 

Distributors  who  consider  or  have  reason  to  believe  that  a  construction  product 
which  they  have  made  available  on  the  market  is  not  in  conformity  with  the 
declaration  of  performance,  shall  immediately  make  sure  that  the  necessary 
corrective  measures  to  bring  that  product  in  conformity  or  withdraw  it  from  the 
market and recall it from end users are taken, if appropriate. They shall immediately 
inform  the  national  authorities  of  the  Member  States  where  they  made  the  product 
available to this effect, giving details, in particular, of the non-compliance and of the 
corrective measures taken. 

Distributors  shall,  on  the  basis  of  a  reasoned  request  from  the  competent  national 
authorities,  provide  them  with  all  the  information  and  documentation  necessary  to 
the  declared 
demonstrate 
performance. They shall cooperate with those authorities, at the request of the latter, 
on  any  action  to  avoid  the  risks  posed  by  construction  products  which  they  have 
made available on the market.  

the  construction  product  with 

the  conformity  of 

Article 14 
Cases in which obligations of manufacturers apply to importers and distributors 

An  importer  or  distributor  shall  be  considered  a  manufacturer  for  the  purposes  of  this 
Regulation, when he places a product on the market under his name or trademark or modifies 
a construction product already placed on the market in such a way that conformity with the 
declared performance, may be affected and consequently he shall be subject to the obligations 
of the manufacturer under Article 10. 

Article 15 
Identification of economic operators 

Economic  operators  shall  be  able,  on  request,  to  identify  the  following  to  the  market 
surveillance authorities, for a period referred to in Article 10(2): 

(a) 

any economic operator who has supplied them with a product; 

(b) 

any economic operator to whom they have supplied a product. 

EN 

25 

   EN 

 
CHAPTER IV 
HARMONISED TECHNICAL SPECIFICATIONS 

Article 16 
Harmonised standards 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

Harmonised  standards  shall  be  established  by  the  European  standardisation  bodies 
listed  in  Annex  I  to  Directive  98/34/EC  on  the  basis  of  mandates  adopted  by  the 
Commission in accordance with Article 6 of that Directive.  

Harmonised  standards  shall  provide  the  methods  and  the  criteria  for  assessing  the 
performance of the construction products in relation to their essential characteristics.  

Harmonised  standards  shall,  where  appropriate,  provide  methods  less  onerous  than 
testing for assessing the performance of the construction products in relation to their 
essential characteristics.  

The  European  standardisation  bodies  shall  determine  in  harmonised  standards  the 
applicable  factory  production  control,  which  shall  take  into  account  the  specific 
conditions of the manufacturing process of the construction product concerned.  

The Commission shall assess the conformity of harmonised standards established by 
the European standardisation bodies with the relevant mandate. 

The Commission shall publish in the Official Journal of the European Union the list 
of  references  of  harmonised  standards  which  are  in  conformity  with  the  relevant 
mandates, and set the date of applicability of those standards. 

The Commission shall publish any updates to that list. 

Article 17 
Formal objection against harmonised standards 

When a Member State or the Commission considers that a harmonised standard does 
not entirely satisfy the requirements set out in the relevant mandate, the Commission 
or the Member State concerned shall bring the matter before the Committee set up by 
Article  5  of  Directive  98/34/EC,  giving  its  arguments.  The  Committee  shall,  after 
having  consulted  with  the  relevant  European  standardisation  bodies,  deliver  its 
opinion without delay. 

In the light of the Committee’s opinion, the Commission shall decide to publish, not 
to publish, to publish with restriction, to maintain, to maintain with restriction or to 
withdraw the references to the harmonised standard concerned in the Official Journal 
of the European Union. 

The Commission shall  inform the European standardisation body concerned and, if 
necessary, request the revision of the harmonised standards concerned. 

EN 

26 

   EN 

 
1. 

2. 

3. 

4. 

1. 

2. 

Article 18 [17] 
Levels or classes of performance 

The  Commission  may  establish  classes  of  performance  in  relation  to  the  essential 
characteristics of construction products.  

Those  measures,  designed  to  amend  non-essential  elements  of  this  Regulation,  by 
supplementing it, shall be adopted in accordance with the regulatory procedure with 
scrutiny referred to in Article 51(2). 

Where  classes  of  performance  in  relation  to  the  essential  characteristics  of 
construction  products  are  not  established  by  the  Commission,  they  may  be 
established by the European standardisation bodies in harmonised standards. 

Where  the  Commission  has  established  classes  of  performance  in  relation  to  the 
essential  characteristics  of  construction  products,  the  European  standardisation 
bodies shall use those classes in harmonised standards. 

The European standardisation bodies may set in harmonised technical specifications 
the  conditions  under  which  a  product  shall  be  deemed  to  satisfy  a  certain  level  or 
class of performance without testing or without further testing. 

Member States may determine the levels or classes of performance in relation to the 
essential  characteristics  of  construction  products  only  in  accordance  with  the 
classification  systems  established  by  the  European  standardisation  bodies  in 
harmonised standards, or by the Commission.  

Article 19 [18] 
Assessment and verification of constancy of performance  

the  declared  performance  of 
Assessment  and  verification  of  constancy  of 
construction products in relation to their essential characteristics shall be carried out 
in accordance with one of the systems set out in Annex V. 

The  Commission  shall  establish  which  system is  applicable  to  a  given  construction 
product or family of construction products according to the following criteria: 

(a) 

the importance of the part played by the product with respect to the basic works 
requirements;  

(b) 

the nature of the product;  

(c) 

the  effect  of  the  variability  of  the  essential  characteristics  of  construction 
product during the service life of the product;  

(d) 

the susceptibility to defects in the product manufacture.  

In each case, the Commission shall choose the least onerous system consistent with 
safety. 

EN 

27 

   EN 

 
Those  measures,  designed  to  amend  non-essential  elements  of  this  Regulation,  by 
supplementing it, shall be adopted in accordance with the regulatory procedure with 
scrutiny referred to in Article 51(2). 

The  system  thus  determined  shall  be  indicated  in  the  mandates  for  harmonised 
standards and in the harmonised technical specifications. 

Article 20 [19] 
European Assessment Document 

The European Assessment Document (EAD) shall be adopted by the organisation of 
Technical  Assessment  Bodies  referred  to  in  Article  25(1)  following  a  request  for  a 
European  Technical  Assessment  by  a  manufacturer  or  an  importer,  in  accordance 
with the procedure set out in Annex II. 

The  organisation  of  Technical  Assessment  Bodies  referred  to  in  Article  25(1)  shall 
establish  in  the  EAD  the  methods  and  the  criteria  for  assessing  the  performance  in 
relation  to  those  essential  characteristics  of  the  construction  product,  which  are 
related to the use intended by the manufacturer. 

The  organisation  of  technical  assessment  bodies  referred  to  in  Article  25(1)  shall 
determine  in  the  EAD  the  specific  factory  production  control  to  be  applied,  taking 
into  account  the  particular  conditions  of  the  manufacturing  process  of  the 
construction product concerned. 

Article 21 [20] 
European Technical Assessment 

The  European  Technical  Assessment  (ETA)  shall  be  issued  by  a  Technical 
Assessment Body, for any construction product, at the request of a manufacturer or 
importer on the basis of a EAD in accordance with the procedure set out in Annex II.  

3. 

1. 

2. 

3. 

1. 

2. 

The Commission shall establish the format of the ETA. 

Those  measures,  designed  to  amend  non-essential  elements  of  this  Regulation,  by 
supplementing it, shall be adopted in accordance with the regulatory procedure with 
scrutiny referred to in Article 51(2).  

EN 

28 

   EN 

 
CHAPTER V 
TECHNICAL ASSESSMENT BODIES  

Article 22 [21] 
Designation of Technical Assessment Bodies  

1. 

2. 

1. 

2. 

3. 

1. 

2. 

Member States may designate Technical Assessment Bodies (TAB) for product areas 
listed in Table 1 of Annex IV. 

Member  States  which  have  designated  a  TAB  shall  communicate  to  the  other 
Member  States  and  the  Commission  the  name,  the  address  of  that  TAB  and  the 
product areas for which that TAB is designated. 

The  Commission  shall  make  publicly  available  the  list  of  TABs  indicating  the 
product areas for which they are designated. 

The Commission shall make publicly available any updates to that list.  

Article 23 [22] 
Requirements for TABs 

The TAB shall satisfy the requirements set out in Table 2 of Annex IV. 

Where a TAB no longer complies with the requirements referred to in paragraph 1, 
the Member State shall withdraw the designation of that TAB. 

Member  States  shall  inform  the  Commission  and  the  other  Member  States  of  their 
national procedures for the assessment of TABs, of the monitoring of their activity, 
and of any changes to that information. The Commission shall make that information 
publicly available. 

Article 24 [23] 
Evaluation of TABs 

The  TABs  shall  verify  whether  other  TABs  fulfil  the  respective  criteria  set  out  in 
Table 2 of Annex IV. 

The evaluation shall be organised by the organisation referred to in Article 25(1) and 
shall take place once every four years, within the product areas listed in Table 1 of 
Annex IV, for which the TABs have been designated. 

The Commission shall establish procedures for carrying out the evaluation, including 
appropriate appeals procedures against decisions taken as a result of the evaluation. 

Those  measures,  designed  to  amend  non-essential  elements  of  this  Regulation,  by 
supplementing it, shall be adopted in accordance with the regulatory procedure with 
scrutiny referred to in Article 51(2). 

EN 

29 

   EN 

 
The evaluation of a TAB may not be carried out by a TAB from the same Member 
State. 

3. 

The  organisation  referred  to  in  Article  25(1)  shall  communicate  the  results  of  the 
evaluations of TABs to all Member States and the Commission.  

The  Commission  shall,  in  cooperation  with  Member  States,  monitor  the  respect  of 
the rules and the proper functioning of the evaluation of TABs.  

Article 25 [24] 
Co-ordination of TABs 

The  TABs  shall  establish  an  organisation  for  technical  assessment,  hereinafter 
"organisation of TABs". 

The organisation of TABs shall carry out the following tasks: 

(a) 

(b) 

co-ordinate the application of the rules and procedures set out in Article 19 and 
Annex II, as well as provide the support needed to that end;  

inform the Commission twice a year of any question related to the preparation 
of  EADs  and  of  any  aspects  related  to  the  interpretation  of  the  rules  and 
procedures set out in Article 19 and Annex II;  

(c) 

adopt EADs; 

(d)  organise the evaluation of the TABs; 

(e) 

ensure the co-ordination of the TABs. 

The Commission may provide assistance to the organisation of TABs in carrying out 
the  tasks  referred  to  in  point  (e)  of  paragraph  2.  The  Commission  may  conclude  a 
framework partnership agreement with the organisation of TABs to that end.  

Member  States  shall  ensure  that  the  TABs  contribute  with  financial  and  human 
resources to the organisation of TABs. 

1. 

2. 

3. 

4. 

EN 

30 

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CHAPTER VI  
SIMPLIFIED PROCEDURES 

Article 26 [25] 
Use of Specific Technical Documentation  

1. 

When the manufacturer determines the product-type he may replace type-testing or 
type-calculation by a Specific Technical Documentation (STD) demonstrating that: 

(a) 

(b) 

(c) 

for one or several essential characteristics of the construction product he places 
on  the  market,  that  product  is  deemed  to  achieve  a  certain  level  or  class  of 
performance  without  testing  or  calculation,  or  without  further  testing  or 
calculation,  in  accordance  with  the  conditions  set  out  in  the  relevant 
harmonised technical specification or Commission decision; 

the construction product he places on the market shares the product-type with 
another  construction  product,  manufactured  by  another  manufacturer  and 
technical 
already 
specification. When these conditions are fulfilled, the manufacturer is entitled 
to  declare  performance  corresponding  to  all  or  part  of  the  test  results  of  this 
another product; 

the  relevant  harmonised 

in  accordance  with 

tested 

the  construction  product  he  places  on  the  market  is  a  system  made  of 
components, which he assembles duly following precise instructions given by 
the  provider  of  such  a  system  or  of  a  component  thereof,  who  has  already 
tested  that  system  or  that  component  for  one  or  several  of  its  essential 
characteristics 
technical 
specification. When these conditions are fulfilled, the manufacturer is entitled 
to  declare  performance  corresponding  to  all  or  part  of  the  test  results  for  the 
system or the component provided to him. 

the  relevant  harmonised 

in  accordance  with 

The  manufacturer  may  use  the  test  results  obtained  by  another  manufacturer  only 
after having obtained an authorisation of that manufacturer, who remains responsible 
for the accuracy, reliability and stability of those test results. 

If  the  construction  product,  referred  to  in  paragraph  1,  belongs  to  a  family  of 
construction  products  for  which  the  applicable  system  for  assessment  and 
verification of constancy of performance is system 1 or2, as set out in Annex V, the 
STD shall be verified by a relevant certification body as referred to in Annex V. 

Article 27 [26] 
Use of Specific Technical Documentation by micro-enterprises 

Micro-enterprises may replace the applicable system for assessment of the declared 
performance  of  construction  product  by  a  STD.  The  STD  shall  demonstrate  the 
compliance of the construction product with the applicable requirements.  

2. 

1. 

EN 

31 

   EN 

 
2. 

1. 

2. 

If a construction product belongs to a family of construction products for which the 
applicable  system  for  assessment  and  verification  of  constancy  of  performance  is 
system  1  or  2,  as  set  out  in  Annex  V,  the  STD  shall  be  verified  by  a  relevant 
certification body as referred to in Annex V. 

Article 28 [27] 
Use of Specific Technical Documentation for individually manufactured products 

For  a  construction  product  designed  and  manufactured  in  a  non-industrialised 
production process in response to a specific order, and installed in a single identified 
work,  the  manufacturer  may  replace  the  applicable  system  for  assessment  of 
performance by a STD, demonstrating compliance of that product with the applicable 
requirements. 

If a construction product belongs to a family of construction products for which the 
applicable  system  for  assessment  and  verification  of  constancy  of  performance  is 
system  1  or  2,  as  set  out  in  Annex  V,  the  STD  shall  be  verified  by  a  relevant 
certification body as referred to in Annex V. 

EN 

32 

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CHAPTER VII 
NOTIFYING AUTHORITIES AND NOTIFIED BODIES 

Article 29 [28] 
Notification 

Member States shall notify the Commission and the other Member States of bodies authorised 
to  carry  out  third-party  tasks  in  the  process  of  assessment  and  verification  of  constancy  of 
performance under this Regulation. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

Article 30 [29] 
Notifying authorities 

Member  States  shall  designate  a  notifying  authority  that  shall  be  responsible  for 
setting  up  and  carrying  out  the  necessary  procedures  for  the  assessment  and 
notification of the bodies to be authorised to carry out third party tasks in the process 
of  assessment  and  verification  of  constancy  of  the  declared  performance  for  the 
purposes  of  this  Regulation,  and  for  the  monitoring  of  notified  bodies,  including 
compliance with the provisions of Article 33. 

Where  notification  is  based  on  an  accreditation  certificate,  Member  States  may 
decide that the assessment and monitoring referred to in paragraph 1 shall be carried 
out  by  their  national  accreditation  bodies  within  the  meaning  of  and  in  accordance 
with Regulation (EC) No…. 

Where  the  notifying  authority  delegates,  subcontracts  or  otherwise  entrusts  the 
assessment, notification or monitoring referred to in paragraph 1 to a body which is 
not a governmental entity, the delegated, or otherwise entrusted body shall be a legal 
entity and shall comply mutatis mutandis with the requirements laid down in Article 
30. In addition, such body shall have arrangements to cover liabilities arising from its 
activities. 

The  notifying  authority  shall  take  full  responsibility  for  the  tasks  performed  by 
delegated or otherwise entrusted body. 

Article 31 [30] 
Requirements relating to notifying authorities 

The notifying authority shall be established in such a way that no conflicts of interest 
with notified bodies occur. 

The  notifying  authority  shall  be  organised  and  operated  so  as  to  safeguard  the 
objectivity and impartiality of its activities. 

The notifying authority shall be organised in such a way that each decision relating 
to  notification  of  a  performance  assessment  body  is  taken  by  competent  persons 
different from those who carried out the assessment. 

EN 

33 

   EN 

 
4. 

5. 

6. 

The notifying authority shall not offer or provide any activities that notified bodies 
perform, or consultancy services on a commercial or competitive basis. 

The  notifying  authority  shall  safeguard  the  confidentiality  of  the  information 
obtained. 

The notifying authority shall have a sufficient number of competent personnel at its 
disposal for the proper performance of its tasks.  

Article 32 [31] 
Information obligation for the notifying authorities 

Member  States  shall  inform  the  Commission  and  the  other  Member  States  of  their  national 
procedures  for  the  assessment  and  notification  of  performance  assessment  bodies  and  the 
monitoring of notified bodies, and of any changes to that information.  

The Commission shall make that information publicly available. 

1. 

2. 

3. 

4. 

Article 33 [32] 
Requirements for notified bodies 

For  the  purposes  of  notification,  a  performance  assessment  body  shall  meet  the 
requirements set out in paragraphs 2 to 11. 

The performance assessment body shall be established under national law and have 
legal personality. 

The performance assessment body shall be a third-party body independent from the 
organisation or the construction product it assesses. 

A  body  belonging  to  a  business  association  or  professional  federation  representing 
undertakings  involved  in  the  design,  manufacturing,  provision,  assembly,  use  or 
maintenance  of  construction  products  which  it  assesses,  can  on  condition  that  its 
independence  and  the  absence  of  any  conflict  of  interest  are  demonstrated,  be 
considered to be such a body. 

The  performance  assessment  body,  its  top  level  management  and  the  personnel 
responsible  for  carrying  out  the  third  party  tasks  in  the  process  of  assessment  and 
verification  of  constancy  of  the  declared  performance  shall  not  be  the  designer, 
manufacturer,  supplier,  installer,  purchaser,  owner,  user  or  maintainer  of  the 
construction products which they assess, nor the authorised representative of any of 
those parties. This shall not preclude the use of assessed products that are necessary 
for  the  operations  of  the  notified  body  or  the  use  of  the  products  for  personal 
purposes. 

They shall not become directly involved in the design, manufacture or construction, 
the  marketing,  installation,  use  or  maintenance  of  those  construction  products,  nor 
represent the parties engaged in those activities. They shall not engage any activity 
that  may  conflict  with  their  independence  or  judgement  and  integrity  related  to  the 
activities for which they have been notified.  

EN 

34 

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5. 

6. 

The notified body shall ensure that activities of its subsidiaries or subcontractors do 
not  affect  the  confidentiality,  objectivity  and  impartiality  of  its  assessment  and/or 
verification activities.  

The notified body and its personnel shall carry out the third party tasks in the process 
of assessment and verification of constancy of performance, with the highest degree 
of professional integrity and requisite technical competence in the specific field and 
must be free from all pressures and inducements, particularly financial, which might 
influence  their  judgement  or  the  results  of  their  assessment  and/or  verification 
activities, especially from persons or groups of persons with an interest in the results 
of those activities. 

The  notified  body  shall  be  capable  of  carrying  out  all  the  third  party  tasks  in  the 
process of assessment and verification of constancy of performance assigned to such 
a body in accordance with Annex V and for which it has been notified, whether those 
tasks  are  carried  out  by  the  notified  body  itself  or  on  its  behalf  and  under  its 
responsibility. 

At  all  times  and  for  each  system  of  assessment  and  verification  of  constancy  of 
performance  and  for  each  kind  or  category  of  construction  products,  characteristics 
and  tasks  for  which  it  is  notified,  the  notified  body  shall  have  at  its  disposal  the 
necessary: 

(a) 

personnel with technical knowledge and sufficient and appropriate experience 
to perform the third party tasks in the process of assessment and verification of 
constancy of performance; 

(b)  description  of  procedures  according  to  which  the  assessing  of  performance  is 
carried out, ensuring the transparency and the ability of reproduction of these 
procedures.  It  shall  have  appropriate  policy  and  procedures  in  place  that 
distinguish between tasks carried out as notified body and any other activity; 

(c) 

procedures  to  perform  their  activities  taking  into  consideration  the  size,  the 
sector,  the  structure  of  the  undertakings,  the  degree  of  complexity  of  the 
product technology in question and the mass or serial nature of the production 
process. 

It  shall  have  the  means  necessary to perform the  technical and administrative tasks 
connected  with  the  activities  for  which  it  is  notified  in  an  appropriate  manner  and 
shall have access to all necessary equipment or facilities. 

7. 

The personnel responsible for carrying out the activities, for which the body has been 
notified, shall have the following: 

(a) 

sound technical and vocational training covering all the third party tasks in the 
the  declared 
process  of  assessment  and  verification  of  constancy  of 
performance of the relevant scope for which the body has been notified; 

(b) 

satisfactory knowledge of the requirements of the assessments and verifications 
they carry out and adequate authority to carry out such operations; 

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(c) 

(d) 

appropriate  knowledge  and  understanding  of  the  applicable  harmonised 
standards and of the relevant provisions of the Regulation; 

the  ability  required  to  draw  up  the  certificates,  records  and  reports  to 
demonstrate that the assessments and the verifications have been carried out. 

8. 

The  impartiality  of  the  notified  body,  its  top  level  management  and  assessment 
personnel shall be guaranteed. 

9. 

10. 

11. 

The  remuneration  of  the  notified  body’s  top  level  management  and  assessment 
personnel shall not depend on the number of assessments carried out or on the results 
of such assessments. 

The notified body shall take out liability insurance unless liability is assumed by the 
State  in  accordance  with  national  law,  or  the  Member  State  itself  is  directly 
responsible for the assessment and/or the verification performed. 

The  personnel  of  the  notified  body  shall  be  bound  to  observe  professional  secrecy 
with regard to all information gained in carrying out its tasks under Annex V, except 
in relation to the competent administrative authorities of the Member State in which 
its activities are carried out. Proprietary rights shall be protected. 

The  notified  body  shall  participate  in,  or  ensure  that  its  assessment  personnel  is 
informed  of,  the  relevant  standardisation  activities  and  the  activities  of  the  notified 
body  co-ordination  group  established  under  this  Regulation  and  apply  as  general 
guidance  the  administrative  decisions  and  documents  produced  as  a  work  result  of 
that group. 

Article 34 
Presumption of conformity 

When  a  performance  assessment  body  can  demonstrate  its  conformity  with  the  criteria  laid 
down in the relevant harmonised standards or parts thereof, the references of which have been 
published in the Official Journal of the European Union, it shall be presumed to comply with 
the  requirements  set  out  in  Article  33  insofar  as  the  applicable  harmonised  standards  cover 
these requirements. 

Article 35 [33] 
Subsidiaries and subcontracting of notified bodies 

1. 

2. 

3. 

Where  the  notified  body  subcontracts  specific  tasks  connected  with  the  third  party 
tasks  in  the  process  of  assessment  and  verification  of  constancy  of  performance  or 
has recourse to a subsidiary, it shall ensure that the subcontractor  or the subsidiary 
meets the requirements set out in Article 33, and inform the notifying authority. 

The  notified  body  shall  take  full  responsibility  for  the  tasks  performed  by 
subcontractors or subsidiaries wherever these are established.  

Activities  may  be  subcontracted  or  carried  out  by  a  subsidiary  only  with  the 
agreement of the client. 

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4. 

1. 

2. 

1. 

2. 

3. 

1. 

2. 

The  notified  body  shall  keep  at  the  disposal  of  the  national  authorities  the  relevant 
documents  concerning  the  assessment  of  the  subcontractor’s  or  subsidiary’s 
qualifications and the work carried out by the subcontractor or the subsidiary under 
Annex V.  

Article 36 [34] 
Witness tests 

Where  justified  by  technical,  economical  or  logistic  reasons,  notified  bodies  may 
decide  to  carry  out  the  tests  referred  to  in  Annex  V,  or  have  such  tests  carried  out 
under their supervision, either in the manufacturing plants using the test equipments 
of  the  internal  laboratory  of  the  manufacturer  or,  with  the  prior  consent  of  the 
manufacturer,  in  a  private  or  public  laboratory,  using  the  test  equipments  of  that 
laboratory. 

Before  carrying  out  those  tests,  the  notified  body  shall  check  whether  the  test 
equipment  has  an  appropriate  calibration  system  and  whether  that  system  is 
operational.  

Article 37 [35] 
Application for notification 

A  body  to  be  authorised  to  carry  out  third  party  tasks  in  the  process  of  assessment 
and  verification  of  constancy  of  performance  shall  submit  an  application  for 
notification to the notifying authority of the Member State in which it is established.  

The  application  shall  be  accompanied  by  a  description  of  the  activities  to  be 
performed, the assessment and/or verification procedures for which the body claims 
to be competent, as well as by an accreditation certificate, where it exists, delivered 
by  the  national  accreditation  body  within  the  meaning  of  Regulation  (EC)  No  …, 
attesting that the body meets the requirements laid down in Article 33. 

Where  the  body  concerned  cannot  provide  an  accreditation  certificate,  it  shall 
provide  the  notifying  authority  with  all  documentary  evidence  necessary  for  the 
verification,  recognition  and  regular  monitoring  of  its  compliance  with  the 
requirements laid down in Article 33. 

Article 38 [36] 
Notification procedure 

Notifying  authorities  may  notify  only  bodies  which  have  satisfied  the  requirements 
laid down in Article 33. 

They shall notify the Commission and the other Member States using the electronic 
notification tool developed and managed by the Commission.  

Exceptionally, for horizontal notifications referred to in the second subparagraph of 
paragraph 3, for which the appropriate electronic tool is not available, hard copy of 
the notification shall be accepted. 

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3. 

The notification shall include full details of the functions to be performed, reference 
to the relevant harmonised technical specification and, for the purposes of the system 
set  out  in  point  1.4  of  Annex  V,  the  essential  characteristics  for  which  the  body  is 
competent. 

However, reference to the relevant harmonised technical specification is not required 
in the following cases of essential characteristics: 

(a) 

reaction to fire; 

(b) 

resistance to fire; 

(c) 

external fire performance; 

(d)  noise absorption. 

4. 

5. 

Where  a  notification  is  not  based  on  an  accreditation  certificate,  the  notifying 
authority  shall  provide  the  Commission  and  the  other  Member  States  with  all 
documentary  evidence  which  attests  the  notified  body’s  competence  and  the 
arrangements  in  place  to  ensure  that  the  body  will  be  regularly  monitored  and  will 
continue to satisfy the requirements laid down in Article 33. 

The  body  concerned  may  perform  the  activities  of  a  notified  body  only  where  no 
objections have been raised by the Commission and the other Member States within 
two weeks following a notification in case of an accreditation certificate is used and 
within two months following a notification in case accreditation is not used. 

Only  such  a  body  shall  be  considered  as  a  notified  body  for  the  purpose  of  this 
Regulation. 

6. 

The  Commission  and  the  other  Member  States  shall  be  notified  of  any  subsequent 
relevant changes to the notification. 

Article 39 [37] 
Identification numbers and lists of notified bodies 

1. 

The Commission shall assign an identification number to a notified body.  

It  shall  assign  a  single  such  number  even  where  the  body  is  notified  under  several 
Community acts. 

2. 

The Commission shall make publicly available the list of the bodies notified under 
this  Regulation,  including  the  identification  numbers  that  have  been  allocated  to 
them and the activities for which they have been notified.  

The Commission shall ensure that this list is kept up to date.  

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1. 

2. 

1. 

2. 

3. 

4. 

1. 

2. 

Article 40 [38] 
Changes to the notification 

Where a notifying authority has ascertained or has been informed that a notified body 
no longer meets the requirements set out in Article 33, or that it is failing to fulfil its 
obligations,  the  notifying  authority  shall  restrict,  suspend  or  withdraw  the 
notification as appropriate, depending on the seriousness of the failure to meet those 
requirements or fulfil those obligations. It shall immediately inform the Commission 
and the other Member States thereof.  

In  the  case  of  withdrawal,  restriction  or  suspension  of  notification  or  where  the 
notified  body  has  ceased  activity,  the  notifying  Member  State  concerned  shall  take 
the appropriate steps to ensure that the files are either processed by another notified 
body  or  kept  available  for  the  responsible  notifying  and  market  surveillance 
authorities on request.  

Article 41 [39] 
Challenge of the competence of notified bodies 

The Commission shall investigate all cases where it doubts or doubt is brought to its 
attention  as  to  the  competence  of  a  notified  body  or  the  continued  fulfilment  by  a 
notified body of the requirements and responsibilities placed on it.  

The  notifying  Member  State  shall  provide  the  Commission,  on  request,  with  all 
information related to the basis for notification or the maintenance of the competence 
of the body concerned.  

The  Commission  shall  ensure  that  all  information  obtained  in  the  course  of  its 
investigations is treated confidentially.  

Where  the  Commission  ascertains  that  a  notified  body  does  not  meet,  or  no  longer 
meets,  the  requirements  for  its  notification,  it  shall  inform  the  notifying  Member 
State thereof and request it to take the necessary corrective measures, including de-
notification, if necessary. 

Article 42 [40] 
Operational obligations for notified bodies 

Notified  bodies  shall  carry  out  third  party  tasks  in  accordance  with  the  systems  of 
assessment and verification of constancy of performance provided for in Annex V. 

Assessments and verifications of constancy of performance shall be carried out in a 
proportionate  manner,  avoiding  unnecessary  burden  for  economic  operators.  The 
notified  bodies  shall  perform  their  activities  taking  into  consideration  the  size,  the 
sector,  the  structure  of  the  undertakings  involved,  the  relative  complexity  of  the 
technology  used  by  the  construction  products  and  the  serial  character  of  the 
production. 

In so doing it shall nevertheless respect the degree of rigour required for the product 
by this Regulation and the role of the product in the safety of the works. 

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3. 

4. 

Where,  in  the  course  of  the  monitoring  activity  aiming  at  the  verification  of  the 
constancy  of  the  manufactured  product  performances,  a  notified  body  finds  that  a 
construction  product  no  longer  has  the  same  performance  compared  to  that  of  the 
product-type,  it  shall  require  the  manufacturer  to  take  appropriate  corrective 
measures and shall suspend or withdraw its certificate if necessary. 

Where  corrective  measures  are  not  taken  or  do  not  have  the  required  effect,  the 
notified body shall restrict, suspend or withdraw any certificates, as appropriate.  

Article 43 [41] 
Information obligation for notified bodies 

1. 

Notified bodies shall inform the notifying authority of the following:  

(a) 

any refusal, restriction, suspension or withdrawal of certificates;  

(b) 

any circumstances affecting the scope of and conditions for notification; 

(c) 

any request for information on assessment and/or verification of constancy of 
performance  activities  carried  out  which  they  have  received  from  market 
surveillance authorities; 

(d)  on request, third party tasks in accordance with the systems of assessment and 
verification of constancy of performance carried out within the scope of their 
notification and, any other activity performed, including, cross-border activities 
and subcontracting. 

2. 

Notified bodies shall provide the other bodies notified under this Regulation carrying 
out  similar  third  party  tasks  in  accordance  with  the  systems  of  assessment  and 
verification  of  constancy  of  performance  and  covering  the  same  construction 
products  with  relevant  information  on  issues  relating  to  negative  and,  on  request, 
positive results from these assessments and/or verifications.  

Article 44 [42] 
Exchange of experience 

The  Commission  shall  provide  for  the  organisation  of  exchange  of  experience  between  the 
Member States’ national authorities responsible for policy on notification.  

Article 45 [43] 
Coordination of notified bodies 

The Commission shall ensure that appropriate coordination and cooperation between bodies 
notified  under  Article  29  is  put  into  place  and  properly  operated  in  the  form  of  groups  of 
notified bodies both at the sectoral and cross sectoral level. 

Member States shall ensure that the bodies notified by them participate to the work of those 
groups, directly or by designated representatives. 

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CHAPTER VIII 
MARKET SURVEILLANCE AND SAFEGUARD PROCEDURES 

1. 

2. 

3. 

4. 

5. 

Article 46 [44] 
Procedure to deal with construction products presenting a risk at national level 

Where  the  market  surveillance  authorities  of  one  Member  State  have  taken  action 
pursuant to Article 18 of Regulation (EC) No … or where they have sufficient reason 
to  believe  that  a  construction  product  does  not  achieve  the  declared  performances 
and/or presents a risk for the health or safety of persons or for other issues of public 
interest  protection  covered  by  this  Regulation,  they  shall  perform  an  evaluation  in 
relation  to  the  product  concerned  covering  all  the  requirements  laid  down  by  this 
Regulation. The concerned economic operators shall cooperate in any necessary way 
with the market surveillance authorities. 

Where, in the course of that evaluation, the market surveillance authorities find that 
the  construction  product  does  not  comply  with  the  requirements  laid  down  by  this 
Regulation, they shall without delay require the relevant economic operator to take 
all  appropriate  corrective  actions  to  bring  the  product  into  compliance  with  those 
requirements  or  to  withdraw  the  product  from  the  market  or  recall  it  within  such 
reasonable period, commensurate with the nature of the risk, as they may prescribe.  

The market surveillance authorities shall inform the relevant notified body. 

Article 19 of Regulation (EC) N°… applies to the measures referred to above. 

Where  the  market  surveillance  authorities  consider  that  the  non-compliance  is  not 
limited  to  the  national  territory,  they  shall  inform  the  Commission  and  the  other 
Member  States  of  the  results  of  the  evaluation  and  of  the  actions  which  they  have 
required the economic operator to take. 

The economic operator shall ensure that any corrective actions are taken in respect of 
all the construction products concerned which he has made available on the market 
throughout the Community. 

Where  the  relevant  economic  operator,  within  the  period  referred  to  in  the  second 
subparagraph  of  paragraph  1,  does  not  take  adequate  corrective  actions,  the  market 
surveillance authorities shall take all appropriate provisional measures to prohibit or 
restrict the making available of the construction product on the national market or to 
withdraw the construction product from that market or to recall it. 

They  shall  inform  the  Commission  and  the  other  Member  States,  without  delay,  of 
such measures. 

The  information  referred  to  in  paragraph  4  shall  provide  all  available  details,  in 
particular  as  regards  the  necessary  data  for  the  identification  of  the  non-compliant 
construction  product,  the  origin  of  the  construction  product,  the  nature  of  the  risk 
involved,  the  nature  and  duration  of  national  measures  taken  as  well  as  the  view 
points  put  forward  by  the  economic  operator  concerned.  In  particular,  the  market 

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surveillance authorities shall indicate whether the non-compliance is due to either of 
the following:  

(a) 

failure of the product to meet the requirements related to the health or safety of 
persons  or  to  other  issues  of  public  interest  protection  laid  down  by  this 
Regulation; 

(b) 

shortcomings in the harmonised technical specifications or in the STD. 

Member  States  other  than  the  Member  State  which  initiated  the  procedure  shall 
without delay inform the Commission and the other Member States of any measures 
adopted  and  of  any  additional  information  relating  to  the  non-compliance  of  the 
construction  product  concerned  at  their  disposal,  and,  in  the  event  of  disagreement 
with the notified national measure, of their objections. 

Where,  within  fifteen  working  days  of  receipt  of  the  information  referred  to  in 
paragraph  4,  no  objection  has  been  raised  by  either  a  Member  State  or  the 
Commission in respect of a provisional measure taken by a Member State in relation 
to the construction product concerned, the measure shall be deemed justified.  

Member States shall ensure the appropriate restrictive measures are taken in respect 
of the construction product concerned, such as withdrawal of the product from their 
market, without delay. 

Article 47 [45] 
Community safeguard procedure 

Where,  on  completion  of  the  procedure  set  out  in  Article  46(3)  and  (4),  objections 
are  raised  against  a  national  measure  of a  Member  State  or  where  the  Commission 
considers  the  national  measure  to  be  contrary  to  Community  legislation  the 
Commission shall without delay enter into consultation with the Member States and 
the relevant economic operator(s) and shall proceed to the evaluation of the national 
measure. On the basis of the results of that evaluation, the Commission shall take a 
decision, indicating whether the measure is justified or not. 

The  Commission  shall  address  its  decision  to  all  Member  States  and  shall 
immediately communicate it to them and to the relevant economic operator(s). 

If  the  national  measure  is  considered  justified,  all  Member  States  shall  take  the 
necessary  measures  to  ensure  that  the  non  compliant  construction  product  is 
withdrawn from their markets. Member States shall inform the Commission thereof. 
If the national measure is considered unjustified, the Member State concerned shall 
withdraw the measure. 

Where the national measure is considered to be justified and the non-compliance of 
the construction product is attributed to shortcomings in the harmonised standards as 
referred  to  in  Article  46(5)(b),  the  Commission  must  inform  the  relevant  European 
standardisation  body  (bodies)  and  bring  the  matter  before  the  Committee  set  up 
under Article 5 of Directive 98/34/EC. The Committee must consult with the relevant 
European standardisation body and deliver its opinion without delay. 

6. 

7. 

8. 

1. 

2. 

3. 

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Where the national measure is considered to be justified and the non-compliance of 
the construction product is attributed to shortcomings in the EAD or in the STD as 
referred to in Article 46(5)(b), the Commission shall adopt the appropriate measures. 

Article 48 [46] 
Complying construction products which nevertheless present a risk to health and safety 

1. 

2. 

3. 

4. 

5. 

1. 

Where  a  Member  State  after  having  performed  an  evaluation  under  Article  46(1) 
finds  that  although  a  construction  product  is  in  compliance  with  this  Regulation,  it 
presents a risk for the health or safety of persons or for other issues of public interest 
protection,  it  shall  require  the  relevant  economic  operator  to  take  all  appropriate 
measures  to  ensure  that  the  construction  product  concerned,  when  placed  on  the 
market, no longer presents that risk or to withdraw the construction product from the 
market  or  recall  it  within  such  reasonable  period,  commensurate  with  the  nature  of 
the risk, as it may prescribe.  

The economic operator shall ensure that any corrective actions are taken in respect of 
all the construction products concerned which he has made available on the market 
throughout the Community. 

The Member State shall immediately inform the Commission and the other Member 
States. The information shall provide all available details, in particular as regards the 
necessary data for the identification of the construction product concerned, the origin 
and  the  supply chain of the product, the  nature of the risk involved, the nature and 
duration of national measures taken.  

The Commission shall without delay enter into consultation with the Member States 
and  the  relevant  economic  operator(s)  and  shall  proceed  to  the  evaluation  of  the 
national measure. On the basis of the results of that evaluation, the Commission shall 
take  a  decision,  indicating  whether  the  measure  is  justified  or  not,  and  where 
necessary, propose appropriate measures. 

The  Commission  shall  address  its  decision  to  all  Member  States  and  shall 
immediately communicate it to them and to the relevant economic operator(s).  

Article 49 [47] 
Formal non-compliance 

Without prejudice to Article 46, where a Member State makes one of the following 
findings,  it  shall  require  the  relevant  economic  operator  to  put  an  end  to  the  non-
compliance concerned: 

(a) 

the CE marking has been affixed in violation of Article 7 or Article 8; 

(b) 

the CE marking has not been affixed, when required according to Article 7(1); 

(c) 

the  declaration  of  performance  has  not  been  drawn  up,  when  required 
according to Article 4; 

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(d) 

the  declaration  of  performance  has  not  been  drawn  up  in  accordance  with 
Articles 4, 5 and 6; 

(e) 

the technical documentation is either not available or not complete. 

2. 

Where  the  non-compliance  referred  to  in  paragraph  1  continues,  the  Member  State 
shall take all appropriate measures to restrict or prohibit the making available on the 
market of the construction product or ensure that it is recalled or withdrawn from the 
market. 

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CHAPTER IX 
FINAL PROVISIONS 

Article 50 [48]  
Amendment of Annexes 

1. 

2. 

1. 

2. 

1. 

2. 

1. 

2. 

3. 

4. 

Commission may amend Annexes I to V. 

Those measures, designed to amend non-essential elements of this Regulation, shall 
be adopted in accordance with the regulatory procedure with scrutiny referred to in 
Article 51(2). 

Article 51 [49] 
Committee 

The  Commission  shall  be  assisted  by  a  committee,  called  Standing  Committee  of 
Construction. 

Where  reference  is  made  to  this  paragraph,  Article  5a(1)  to  (4)  and  Article  7  of 
Decision  1999/468/EC  shall  apply,  having  regard  to  the  provisions  of  Article  8 
thereof. 

Article 52 [50] 
Repeal 

Directive 89/106/EEC is repealed.  

References  to  the  repealed  Directive  shall  be  construed  as  references  to  this 
Regulation. 

Article 53 [51] 
Transitional provisions 

Construction  products  which  have  been  placed  on  the  market  in  accordance  with 
Directive  89/106/EEC  before  1  July  2011  shall  be  deemed  to  comply  with  this 
Regulation. 

Manufacturers and importers may make a declaration of performance on the basis of 
a  certificate  of  conformity  or  a  declaration  of  conformity,  which  has  been  issued 
before 1 July 2011 in accordance with Directive 89/106/EEC. 

Guidelines for European technical approval which were published before 1 July 2011 
in accordance with Article 11 of Directive 89/106/EEC may be used as EADs. 

Manufacturers  and  importers  may  use  European  technical  approvals  issued  in 
accordance with Article 9 of Directive 89/106/EEC  before 1 July  2011as European 
Technical Assessments throughout the period of validity of those approvals. 

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Article 54 [52] 
Entry into force 

This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

However, Articles 3 to 21, 26, 27 and 28, Articles 46 to 50, 52 and 53 as well as Annexes I, 
II, III and V shall apply from 1 July 2011. 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, […] 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

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ANNEX I 
Basic works requirements 

Construction works as a whole and in their separate parts must be fit for their intended 
use. 

Subject  to  normal  maintenance,  basic  works  requirements  must  be  satisfied  for  an 
economically reasonable working life.  

1. 

MECHANICAL RESISTANCE AND STABILITY 

The construction works must be designed and built in such a way that the loadings that 
are  liable  to  act  on  them  during  their  constructions  and  use  will  not  lead  to  any  of  the 
following: 

(a) 

(b) 

(c) 

collapse of the whole or part of the work; 

major deformations to an inadmissible degree;  

damage  to  other  parts  of  the  works  or  to  fittings  or  installed  equipment  as  a 
result of major deformation of the load-bearing construction;  

(d) 

damage by an event to an extent disproportionate to the original cause. 

2. 

SAFETY IN CASE OF FIRE 

The construction works must be designed and built in such a way that in the event of an 
outbreak of fire: 

(a) 

(b) 

(c) 

(d) 

the  load-bearing  capacity  of  the  construction  can  be  assumed  for  a  specific 
period of time, 

the generation and spread of fire and smoke within the works are limited, 

the spread of the fire to neighbouring construction works is limited, 

the safety of rescue teams is taken into consideration. 

3. 

HYGIENE, HEALTH AND THE ENVIRONMENT 

The construction works must be designed and built in such a way that they will not be a 
threat  neither  to  the  hygiene  nor  health  of  the  occupants  and  neighbours,  nor  exert  a 
exceedingly  high  impact  over  their  entire  life  cycle  to  the  environmental  quality  nor  to 
the climate, during their construction, use and demolition, in particular as a result of any 
of the following: 

(a) 

the giving-off of toxic gas; 

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(b) 

(c) 

(d) 

(e) 

the  emissions  of  dangerous  substances,  volatile  organic  compounds  (VOC), 
greenhouse gases or dangerous particles into indoor or out door air; 

the emission of dangerous radiation; 

the  release  of  dangerous  substances  into  drinking  water,  ground  water,  marine 
waters or soil; 

faulty discharge of waste water, emission of flue gases or faulty disposal of solid 
or liquid wastes; 

(f) 

the presence of dampness in parts of the works or on surfaces within the works. 

4. 

SAFETY IN USE 

The construction works must be designed and built in such a way that they do not present 
unacceptable  risks  of  accidents  in  service  or  in  operation  such  as  slipping,  falling, 
collision, burns, electrocution, and injury from explosion. 

5. 

PROTECTION AGAINST NOISE 

The construction works must be designed and built in such a way that noise perceived by 
the occupants or people nearby is kept down to a level that will not threaten their health 
and will allow them to sleep, rest and work in satisfactory conditions. 

6. 

ENERGY ECONOMY AND HEAT RETENTION 

The  construction  works  and  their  heating,  cooling  and  ventilation  installations  must  be 
designed and built in such a way that the amount of energy required in use shall be low, 
when account is taken of the climatic conditions of the location and the occupants. 

7. 

SUSTAINABLE USE OF NATURAL RESOURCES 

The  construction  works  must  be  designed,  built  and  demolished  in  such  a  way  that  the 
use of natural resources is sustainable and ensure the following: 

(a) 

(b) 

(c) 

recyclability  of  the  construction  works,  their  materials  and  parts  after 
demolition; 

durability of the construction works; 

use  of  environmentally  compatible  raw  and  secondary  materials  in  the 
construction works. 

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ANNEX II 
Procedure for adopting European Assessment Document and for issuing European 
Technical Assessment 

1. 

2. 

2.1. 

2.2. 

Technical  Assessment  Body  (TAB)  shall  carry  out  assessment  and  issue  the 
European Technical Assessment (ETA) in the product area for which it has been 
designated. 

The provisions of this Annex on manufacturers apply also to importers. 

The elaboration and the adoption of a European Assessment Document shall be 
carried out in accordance with points 2.1. to 2.9. 

The  TAB  receiving  a  ETA  request  (hereinafter  "responsible  TAB")  for  a 
construction product shall inform the organisation of TABs referred to in Article 
25(1) and the Commission of the content of the request and of the reference to 
the  Commission  decision  for  assessment  and  verification  of  constancy  of 
performance, which the TAB intends to apply for this product, or of the lack of 
such a Commission decision. 

The  responsible  TAB  shall,  in  cooperation  with  the  manufacturer,  obtain  the 
relevant  information  on  the  product  and  on  its  intended  use.  The  responsible 
TAB shall inform the manufacturer if the product is covered, fully or partially, 
by another harmonised technical specification. The responsible TAB shall then 
draft a first contract to be concluded with the manufacturer, defining the terms 
for the elaboration of the work programme. 

2.3.  Within  one  month  from  the  conclusion  of  the  first  contract,  the  manufacturer 
shall submit to the responsible TAB  a technical file describing the product, its 
intended use and details of the factory production control he applies. 

2.4.  Within one month from the reception of the technical file, the responsible TAB 
shall  prepare  and  send  to  the  manufacturer  the  draft  second  contract  and  the 
draft  work  programme,  containing  all  detailed  aspects  and  actions  it  will 
undertake  to  assess  the  performance  for  the  essential  characteristics  of  the 
product in relation to the intended use. The draft work programme shall include 
at least the following parts: 

(a)  part  1:  the  assessment  programme  indicating  test  methods,  calculation 
methods,  descriptive  methods,  parameters  and  all  other  means,  including 
the assessment criteria considered suitable for identifying the product, for 
assessing the performance for its essential characteristics in relation to the 
intended  use,  and  the  durability  aspects  for  the  relevant  essential 
characteristics; 

(b)  part 2: the activities related to the initial inspection of the plant in which 

the product covered by the request is manufactured; 

(c)  part 3: the places where the tests will be carried out; 

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(d)  part 4: expected time and costs. 

2.5. 

After  the  conclusion  of  the  second  contract,  comprising  the  agreed  work 
programme, between the responsible TAB and the manufacturer, the responsible 
TAB  shall  send  Part  1  of  the  work  programme,  together  with  the  part  of  the 
technical file related to the description of the product and its intended use, to all 
the other TABs designated for the same construction products area, referred to 
in  Table  1  of  Annex  IV.  Those  TABs  shall  constitute  a  working  group,  which 
shall be co-ordinated by the responsible TAB. 

Within  two  weeks  from  the  reception  by  all  the  TABs  concerned  of  those 
documents  from  the  responsible  TAB,  the  working  group  shall  establish  the 
draft  EAD,  containing  the  assessment  methods  and  criteria  of  the  performance 
for the relevant essential characteristics, based on Part 1 of the work programme 
and  on  the  pertinent  and  justified  technical  contributions  provided  by  its 
members. 

2.6. 

The  draft  EAD  shall  then  be  communicated  by  the  responsible  TAB,  together 
with  the  relevant  part  of  the  technical  file,  containing  the  description  of  the 
product and its intended use, to all the other TABs.  

2.7. 

2.8. 

2.9. 

Within two weeks, these other TABs shall communicate to the responsible TAB 
the relevant information related to their national building regulations and other 
legal  or  administrative  provisions  applicable  to  the  product  and  to  its  intended 
use,  as  appropriate.  The  responsible  TAB  shall  inform  the  members  of  the 
working group and the manufacturer about the contents of these contributions. 

The  responsible  TAB  shall  include  these  contributions,  after  consulting  the 
working  group,  in  the  draft  EAD,  which  it  shall  send  to  the  organisation  of 
TABs referred to in Article 25(1). After communicating the final draft EAD to 
the manufacturer, who shall have one week for his reactions, the organisation of 
TABs  shall  adopt  the  EAD  as  a  provisional  document.  The  organisation  of 
TABs shall send a copy of the adopted provisional EAD to the manufacturer and 
the Commission. If the Commission communicates, within fifteen working days 
from reception, to the organisation of TABs its observations on the provisional 
EAD, it shall be amended accordingly by the organisation of TABs. After this 
period,  the  responsible  TAB  shall  start  the  preparations  for  carrying  out  the 
assessment. 

The responsible TAB shall carry out the assessment according to the provisions 
of the adopted provisional EAD and shall subsequently issue the corresponding 
ETA.  

As  soon  as  the  first  ETA  has  been  issued  on  the  basis  of  a  given  provisional 
EAD by the responsible TAB, this EAD shall be adjusted, if appropriate, by the 
organisation of TABs on the basis of a proposal from the responsible TAB. The 
final  EAD  shall  then  be  adopted  by  the  organisation  of  TABs  and  sent  to  the 
Commission.  The  Commission  shall  publish  the  reference  to  the  final  EAD  in 
the Series C of the Official Journal of the European Union. 

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3. 

4. 

5. 

When the reference to the final EAD has been published in the Official Journal 
of  the  European  Union,  the  preparations  for  ETAs  on  the  basis  of  any 
subsequent  requests,  concerning  construction  products  with  similar  essential 
characteristics  in  relation  to  their  intended  use  to  the  first  request,  shall  be 
carried out according to this final EAD.  

A Commission representative may attend, as observer, to all the meetings of the 
working group referred to in point 2.5. 

If  all  the  TABs  and  the  manufacturer  have  not  agreed  upon  the  EAD,  the 
organisation of TABs shall submit this matter to the Commission for appropriate 
resolution. 

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ANNEX III 
Declaration of performance 
No. ................... 

1. 

2. 

3. 

No ........................... (unique identification code of the product) 

Name  or  identification  mark  and  address  of  (authorised  representative  of  the) 
manufacturer:  

................................................................................................................................. 

................................................................................................................................. 

This  declaration  of  performance  is  issued  under  the  sole  responsibility  of  the 
manufacturer: 

................................................................................................................................. 

................................................................................................................................. 

4. 

Identification of product (allowing traceability): 

5. 

6. 

7. 

................................................................................................................................. 

................................................................................................................................. 

The  performance  of  the  product  identified  above  is  in  conformity  with  the 
declared performances under point 7. 

The  ..................................................  (name,  number  of  the  notified  body,  if 
relevant) 

performed .............................................................… (description of intervention) 

and  issued  …......................................  (the  certificate  of  conformity  of  the 
product, the certificate of conformity of the factory production control, the test 
reports - if relevant): 

........................................................................................................................ 

........................................................................................................................ 

Declaration  of  performance  (list,  levels  or  classes  and  reference  to  the 
Technical 
corresponding 
Documentation  used  for  the  assessment  of  the  performance  for  the  declared 
essential characteristics) 

specification/Specific 

harmonised 

technical 

Name of the declared 
essential characteristic 

Level or class of 
performance for the 
declared essential 
characteristic 

Reference of the 
harmonised technical 
specification / Specific 
Technical 
Documentation  

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Signed for and on behalf of: …………………………. 

............................................ 

............................................... 

(place and date of issue) 

(name, function)(signature) 

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ANNEX IV 

Product areas and requirements for Technical Assessment Bodies 

Table 1 - Product areas 

Area 
Code 

Product Area 

Families of construction products  

A 

CIVIL ENGINEERING 

B 

PREFABRICATED TOTAL/PARTIAL BUILDING 
UNITS 

C 

LOAD BEARING MATERIALS AND COMPONENTS 

Geotextiles and related products - Circulation fixtures - Floorings, paving and road 
finishes - Aggregates - Road construction products - Pipes, thanks and ancillaries not 
in  contact  with  water  intended  for  human  consumption  -  Floor  beds  including 
suspended  ground  floors,  roads  and  other  trafficked  areas  -  Ultra  thin  layer  asphalt 
concrete - Waste water engineering products - Falling rock protection kits - Liquid 
applied bridge-deck waterproofing kits - Expansion joints for road bridges 

Timber  frame  and  log  prefabricated  building  kits  -  Cold  storage  building  kits  and 
cold  storage  building  envelope  kits  -  Prefabricated  building  units  -  Concrete  frame 
building kits - Metal frame building kits  

Structural  timber  products  and  ancillaries  -  Cement,  building  limes  and  other 
hydraulic  binders  -  Reinforcing  and  pre-stressing  steel  for  concrete  -  Structural 
metallic  products  and  ancillaries  -  Products  related  to  concrete,  mortar  and  grout  - 
Structural  bearings  -  Precast  concrete  products  -  Prefabricated  stairs  kits  -  Light 
composite wood-based beams and columns - Post tensioning kits for the pre-stressing 
of structures - Anchor bolts  

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D 

ROOFING AND BUILDING ENVELOPE 

E 

INTERNAL/EXTERNAL BUILDING 
COMPONENTS/KITS 

F 

HEATING/VENTILATION/INSULATION 

G 

FIXATIONS SEALINGS/ADHESIVES 

Curtain  walling  kits  -  Roof  coverings,  Roof  lights,  roof  windows  and  ancillary 
products - Flat glass, profiled glass and glass block products - External and internal 
doors  and  windows,  roof  openings  and  roof  lights  -  Liquid  applied  roof 
waterproofing  kits  -  Kits  for  exterior  wall  claddings  -  Structural  sealant  glazing 
systems  -  Kits  of  mechanically  fastened  flexible  roof  waterproofing  membranes  - 
Self  supporting  translucent  roof  kits  -  Prefabricated  wood-based  load-bearing 
stressed skin panels and self-supporting composite lightweight panels 

Sanitary appliances - Wood-based panels - Masonry and related products - Internal 
and  external  wall  and  ceiling  finishes  -  Gypsum  products  -  Internal  partition  kits  - 
Watertight covering kits for wet room floors and walls - Non-load bearing permanent 
shuttering  kits  based  on  hollow  blocks  or  panels  of  insulating  materials  and/or 
concrete  

Chimneys,  Flues  and  specific  products  -  Space  heating  appliances  -  Thermal 
insulating  products  -  External  thermal  insulation  composite  kits  -  Inverted  roof 
insulation kits – Vetures 

Construction adhesives - Pins for structural joints / Connectors - Three dimensional 
nailing plates - Anchors bolts / Screws - Wall plates made of stainless steel. - Cavity 
trays - Fastener for external wall claddings and flat or pitched roofs - Connector for 
sandwich elements of concrete - Gas and watertight seals for pipes in wall and floor 
penetrations  -  Sealing  kits,  profiles  and  strips  -  Joints  sealing  compounds  -  Elastic 
suspended  fixings  -  Tension  Rods  -  Point  fastener  -  Surface  repellents  and  coating 
treatments  -  Levelling  fasteners  for  roofs,  walls  and  interior  applications  - 
Waterproofing products / treatments  

H 

FIRE PROTECTION AND RELATED PRODUCTS 

Fire  alarm,  fire  detection,  fixed  fire  fighting,  fire  and  smoke  control  and  explosion 
suppression products - Fire stopping, fire sealing and fire protective products. 

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I 

J 

K 

ELECTRIC INSTALLATION 

Any construction product related to electric installation. 

GAS INSTALLATION 

Any construction product related to gas installation. 

WATER SUPPLY AND SEWAGE 

Kit consisting of a trap with partially mechanical closure, mounted in a non-trapped 
gully - Kit for manhole top consisting of Cover and additional rings made of plastic 
for different purposes - Piping kits for cold and hot water, including those intended 
for human consumption - Piping systems for drainage and sewerage with or without 
pressure  -  Flexible  coupling  for  gravity  and  pressure  sewerage  and  drainage  pipe  - 
Composition toilet  

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Competence 

Description of competence 

Requirement 

Table 2 - Requirements for technical assessment bodies 

1 Analysing risks 

2 Setting technical 
criteria 

Identify  the  possible  risks  and  benefits  for  the  use  of 
innovative  construction  products  in  the  absence  of 
established/consolidated  technical  information  regarding 
their performance when installed in construction works. 

Transform the outcome of the risk analysis into technical 
criteria  for  evaluating  behaviour  and  performance  of  the 
fulfilment  of 
construction  products 
applicable national requirements; 
the technical information needed by those participating in 
the building process as potential users of the construction 
products 
contractors, 
installers). 

(manufacturers, 

designers, 

regarding 

the 

3 Setting assessment 
methods 

Design  and  validate  appropriate  methods  (tests  or 
for  essential 
to  assess  performance 
calculations) 
characteristics  of  construction  products, 
into 
account the current state of the art. 

taking 

Determining 

4 
specific 
production control 

the 
factory 

Understand and evaluate the manufacturing process of the 
specific product in order to identify appropriate measures 
ensuring 
given 
manufacturing process.  

constancy 

through 

product 

the 

A  TAB  shall  be  independent  from  the  stakeholders  and  from  any 
particular interests. 

In addition, a TAB shall have staff with: 
(a) objectivity and sound technical judgement;  
(b)  detailed  knowledge  of  the  regulatory  provisions  and  other 
requirements in force in the Member States, concerning product areas 
for which it is to be designated; 
(c)  general  understanding  of  construction  practice  and  detailed 
technical  knowledge,  concerning  product  areas  for  which  it  is  to  be 
designated; 
(d)  detailed  knowledge  of  specific  risks  involved  and  the  technical 
aspects of the construction process; 
(e) detailed knowledge of the existing harmonised standards and test 
methods within the product areas for which it is to be designated; 
(f) appropriate linguistic skills. 

A  TAB  shall  have  staff  with  appropriate  knowledge  of  the 
relationship  between  the  manufacturing  processes  and  product 
characteristics related to factory production control. 

5 Assessing the product  Assess  the  performance  for  essential  characteristics  of  In addition to the requirements listed in points 1, 2 and 3, a TAB shall 

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construction products on the basis of harmonised methods 
against harmonised criteria. 

6 General management  Ensure consistency, reliability, objectivity and traceability 
appropriate 

application  of 

constant 

through 
the 
management methods. 

have access to the necessary means and equipment for the assessment 
of  the  performance  for  essential  characteristics  of  construction 
products within the product areas for which it is to be designated.  

A TAB shall have:  
(a) a proven record of respect of good administrative behaviour; 
(b) a policy and the supporting procedures to ensure confidentiality of 
sensitive information within the TAB and all its partners; 
(c)  a  document  control  system  to  ensure  registration,  traceability, 
maintenance and archiving of all relevant documents; 
(d) a mechanism for internal audit and management review to ensure 
the  compliance  with  appropriate 
the 
management methods; 
(e) a procedure to deal objectively with appeals and complaints. 

regular  monitoring  of 

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ANNEX V  
Assessment and verification of constancy of performance 

1. 

1.1. 

SYSTEMS  OF  ASSESSMENT  AND  VERIFICATION  OF  CONSTANCY  OF 
PERFORMANCE  

System 1 - Declaration of the performance for the essential characteristics of the 
product by the manufacturer on the basis of following items: 

(a) 

the manufacturer shall carry out: 

(i) 

factory production control (FPC); 

(ii) 

further testing of samples taken at the factory according to the prescribed 
test plan; 

(b) 

the notified body shall issue the certificate of conformity of the product on the 
basis of: 

(i) 

determination of the product-type on the basis of type testing (including 
the  sampling), 
tabulated  values  or  descriptive 
documentation of the product; 

type  calculation, 

(ii) 

initial inspection of the manufacturing plant and of FPC; 

(iii)  continuous surveillance, assessment and evaluation of FPC; 

(iv)  audit-testing of samples taken at the factory. 

1.2. 

System 2 - Declaration of the performance for the essential characteristics of the 
product by the manufacturer on the basis of following items: 

(a) 

the manufacturer shall carry out: 

(i) 

factory production control; 

(ii) 

further  testing  of  samples  taken  at  the  factory  by  the  manufacturer 
according to the prescribed test plan; 

(b) 

the notified body shall issue the certificate of conformity of the product on the 
basis of: 

(i) 

determination of the product type on the basis of type testing (including 
the  sampling), 
tabulated  values  or  descriptive 
documentation of the product; 

type  calculation, 

(ii) 

initial inspection of the manufacturing plant and of FPC; 

(iii)  continuous surveillance, assessment and evaluation of FPC. 

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1.3. 

System 3 - Declaration of the performance for the essential characteristics of the 
product by the manufacturer on the basis of following items: 

(a) 

the manufacturer shall carry out: 

(i) 

determination of the product-type on the basis of type testing (including 
the  sampling), 
tabulated  values  or  descriptive 
documentation of the product; 

type  calculation, 

(ii) 

factory production control; 

(iii) 

testing  of  samples  taken  at  the  factory  according  to  the  prescribed  test 
plan; 

(b) 

the  notified  body  shall  issue  the  certificate  of  conformity  of  the  FPC  on  the 
basis of: 

(i) 

initial inspection of the manufacturing plant and of FPC; 

(ii) 

continuous surveillance, assessment and evaluation of FPC. 

1.4. 

System 4 - Declaration of the performance for the essential characteristics of the 
product by the manufacturer on the basis of following items: 

(a) 

the manufacturer shall carry out factory production control; 

(b) 

the notified body shall carry out determination of the product-type on the basis 
of  type  testing  (based  on  the  sampling  carried  out  by  the  manufacturer),  type 
calculation, tabulated values or descriptive documentation of the product; 

1.5. 

System 5 - Declaration of the performance for the essential characteristics of the 
product by the manufacturer on the basis of following items: 

(a) 

the manufacturer shall carry out:  

(i) 

determination  of  the  product-type  on  the  basis  of  type  testing,  type 
calculation, tabulated values or descriptive documentation of the product; 

(ii) 

factory production control; 

(b)  no tasks for the notified body. 

2. 

BODIES  INVOLVED  IN  THE  ASSESSMENT  AND  VERIFICATION  OF 
CONSTANCY OF PERFORMANCE 

With respect to the function of the notified bodies involved in the assessment and verification 
of constancy of performance of construction product, distinction shall be made between: 

(1) 

certification  body:  a  notified  body,  governmental  or  non  governmental,  possessing 
the necessary competence and responsibility to carry out a certification according to 
given rules of procedure and management; 

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(2) 

(3) 

inspection  body:  a  notified  body  having  the  organization,  staffing,  competence  and 
integrity to perform according to specified criteria the following functions: assessing, 
recommending for acceptance and subsequent audit of quality control operations of 
manufacturers,  and  selection  and  evaluation  of  construction  products  in  the  plant, 
according to specific criteria; 

testing laboratory: a notified laboratory which measures, examines, tests, calibrates 
or  otherwise  determines  the  characteristics  or  performance  of  materials  or 
construction products. 

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