EN
4.4.2011 Official Journal of the European Union L 88/5
REGULATION (EU) No 305/2011 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 9 March 2011
laying down harmonised conditions for the marketing of construction products and repealing
Council Directive 89/106/EEC
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 114 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and
Social Committee (
1
),
Acting in accordance with the ordinary legislative procedure (
2
),
Whereas:
(1) The
works be designed and executed so as not to endanger
rules of Member States require that construction
the safety of persons, domestic animals or property nor
damage the environment.
(2) Those
of construction products. Those requirements are
rules have a direct influence on the requirements
consequently reflected in national product standards,
national technical approvals and other national
technical specifications and provisions related to
construction products. Due to their disparity, those
requirements hinder trade within the Union.
(3) This
States to specify the requirements they deem necessary to
Regulation should not affect the right of Member
ensure the protection of health, the environment and
workers when using construction products.
(
1
() OJ C 218, 11.9.2009, p. 15.
2
) Position of the European Parliament of 24 April 2009 (OJ C 184 E,
8.7.2010, p. 441), position of the Council at first reading of
13 September 2010 (OJ C 282 E, 19.10.2010, p. 1), position of
the European Parliament of 18 January 2011 (not yet published in
the Official Journal) and decision of the Council of 28 February
2011.
(4) Member
requirements, relating not only to safety of buildings
States have introduced provisions, including
and other construction works but also to health, durability, energy economy, protection of the environment,
economic aspects, and other important aspects in the
public interest. Laws, regulations, administrative
measures or case-law, established either at Union or
Member State level, concerning construction works may
have an impact on the requirements of construction
products. Since their effect on the functioning of the
internal market is likely to be very similar, it is appropriate to consider such laws, regulations, administrative
measures or case-law as ‘provisions’ for the purposes of
this Regulation.
(5) Where
of a construction product in a Member State, aimed at
applicable, provisions for an intended use or uses
fulfilling basic requirements for construction works,
determine the essential characteristics the performance
of which should be declared. In order to avoid an
empty declaration of performance, at least one of the
essential characteristics of a construction product which
are relevant for the declared use or uses should be
declared.
(6) Council
the approximation of laws, regulations and administrative
Directive 89/106/EEC of 21 December 1988 on
provisions of the Member States relating to construction
products (
3
in the field of construction products in order to enhance
) aimed to remove technical barriers to trade
their free movement in the internal market.
(7) In
provided for the establishment of harmonised standards
order to achieve that objective, Directive 89/106/EEC
for construction products and provided for the granting
of European technical approvals.
(8) Directive
simplify and clarify the existing framework, and
89/106/EEC should be replaced in order to
improve the transparency and the effectiveness of the
existing measures.(
3
) OJ L 40, 11.2.1989, p. 12.
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Official Journal of the European Union 4.4.2011
(9) This Regulation should take account of the horizontal
product in question with regard to the provisions in
legal framework for the marketing of products in the
internal market, established by Regulation (EC) No
765/2008 of the European Parliament and of the
Council of 9 July 2008 setting out the requirements
for accreditation and market surveillance relating to the
marketing of products (
1
768/2008/EC of the European Parliament and of the
) as well as by Decision No
Council of 9 July 2008 on a common framework for
the marketing of products (
2
).
(10) The
construction may only be achieved by the establishment
removal of technical barriers in the field of
of harmonised technical specifications for the purposes
of assessing the performance of construction products.
(11) Those
testing, calculation and other means, defined within
harmonised technical specifications should include
harmonised standards and European Assessment
Documents for assessing performance in relation to the
essential characteristics of construction products.
(12) The methods used by the Member States in their
requirements for construction works, as well as other
national rules relating to the essential characteristics of
construction products, should be in accordance with
harmonised technical specifications.
(13) Where
the essential characteristics of construction products
appropriate, classes of performance in relation to
should be encouraged to be used in harmonised
standards, so as to take account of different levels of
basic requirements for construction works for certain
construction works as well as of the differences in
climate, geology and geography and other different
conditions prevailing in the Member States. On the
basis of a revised mandate, the European standardisation
bodies should be entitled to establish such classes in
cases where the Commission has not already established
them.
(14) Where
relation to any essential characteristic to be fulfilled by
an intended use requires threshold levels in
construction products in Member States, those levels
should be established in the harmonised technical specifications.
(15) When
product, account should also be taken of the health
assessing the performance of a construction
and safety aspects related to its use during its entire
life cycle.
(16) Threshold
to this Regulation should be generally recognised values
levels determined by the Commission pursuant
for the essential characteristics of the construction
(
1
() OJ L 218, 13.8.2008, p. 30.
2
) OJ L 218, 13.8.2008, p. 82.
Member States and should ensure a high level of
protection within the meaning of Article 114 of the
Treaty on the Functioning of the European Union (TFEU).
(17) Threshold
nature, and may be applicable to a single characteristic
levels can be of a technical or regulatory
or to a set of characteristics.
(18) The
the European Committee for Electrotechnical StandardEuropean Committee for Standardisation (CEN) and
isation (Cenelec) are recognised as the competent organisations for the adoption of harmonised standards in
accordance with the general guidelines for cooperation
between the Commission and those two organisations
signed on 28 March 2003. Manufacturers should use
those harmonised standards when the references to
them have been published in theEuropean Unionlished under Directive 98/34/EC of the European
and in accordance with the criteria estab Official Journal of the
Parliament and of the Council of 22 June 1998 laying
down a procedure for the provision of information in the
field of technical standards and regulations and of rules
on Information Society services (
3
of technical and scientific expertise on all the relevant
). Once a sufficient level
aspects is attained, recourse to harmonised standards
with regard to construction products should be increased,
including, where appropriate, and after consultation of
the Standing Committee on Construction, by requiring,
by means of mandates, that those standards be developed
on the basis of existing European Assessment
Documents.
(19) The
performance in relation to the essential characteristics of
procedures under Directive 89/106/EEC for assessing
construction products not covered by a harmonised
standard should be simplified in order to make them
more transparent and to reduce costs to manufacturers
of construction products.
(20) In
product to draw up a declaration of performance for a
order to allow a manufacturer of a construction
construction product which is not covered or not fully
covered by a harmonised standard, it is necessary to
provide for a European Technical Assessment.
(21) Manufacturers
allowed to request European Technical Assessments to
of construction products should be
be issued for their products on the basis of the guidelines
for European technical approval established under
Directive 89/106/EEC. The right to use those guidelines
as European Assessment Documents should therefore be
ensured.(
3
) OJ L 204, 21.7.1998, p. 37.
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(22) The
Documents and the issuing of European Technical
establishment of draft European Assessment
Assessments should be entrusted to Technical
Assessment Bodies (hereinafter referred to as ‘TABs’)
designated by Member States. In order to ensure that
TABs have the necessary competence for carrying out
those tasks, the requirements for their designation
should be set out at Union level.
(23) TABs
referred to as an ‘organisation of TABs’), supported,
should establish an organisation (hereinafter
where applicable, through Union financing, to coordinate
procedures for the establishment of draft European
Assessment Documents and for the issuing of the
European Technical Assessments, ensuring the transparency and the necessary confidentiality of those
procedures.
(24) Except
placing on the market of a construction product which
in the cases laid down in this Regulation, the
is covered by a harmonised standard or for which a
European Technical Assessment has been issued should
be accompanied by a declaration of performance in
relation to the essential characteristics of the construction
product in accordance with the relevant harmonised
technical specifications.
(25) Where
be accompanied by information on the content of
applicable, the declaration of performance should
hazardous substances in the construction product in
order to improve the possibilities for sustainable
construction and to facilitate the development of
environment-friendly products. Such information should
be provided without prejudice to the obligations,
particularly with regard to labelling, laid down in other
instruments of Union law applicable to hazardous
substances and should be made available at the same
time and in the same form as the declaration of
performance so as to reach all potential users of
construction products. Information on the content of
hazardous substances should initially be limited to
substances referred to in Articles 31 and 33 of Regulation (EC) No 1907/2006 of the European Parliament
and of the Council of 18 December 2006 concerning the
Registration, Evaluation, Authorisation and Restriction of
Chemicals (REACH), establishing a European Chemicals
Agency (
1
on the content of hazardous substances in construction
). However, the specific need for information
products should be further investigated with a view to
completing the range of substances covered so as to
ensure a high level of protection of the health and
safety of workers using construction products and of
users of construction works, including with regard to
recycling and/or reuse requirements of parts or materials.
This Regulation is without prejudice to Member States’
rights and obligations pursuant to other instruments of
(
1
) OJ L 396, 30.12.2006, p. 1.
Union law that may apply to hazardous substances, in
particular, Directive 98/8/EC of the European Parliament
and of the Council of 16 February 1998 concerning the
placing of biocidal products on the market
2000/60/EC of the European Parliament and of the
(
2
), Directive
Council of 23 October 2000 establishing a framework
for Community action in the field of water policy
Regulation (EC) No 1907/2006, Directive 2008/98/EC
(
3
),
of the European Parliament and of the Council of
19 November 2008 on waste
No 1272/2008 of the European Parliament and of the
(
4
) and Regulation (EC)
Council of 16 December 2008 on classification, labelling
and packaging of substances and mixtures (
5
).
(26) It
to be numbered in accordance with the product-type
should be possible for the declaration of performance
reference number.
(27) It
the drawing up of declarations of performance in order
is necessary to provide for simplified procedures for
to alleviate the financial burden of enterprises, in
particular small and medium-sized enterprises (SMEs).
(28) In
accurate and reliable, the performance of the
order to ensure that the declaration of performance is
construction product should be assessed and the
production in the factory should be controlled in
accordance with an appropriate system of assessment
and verification of constancy of performance of the
construction product. Several systems could be chosen
to be applied for a given construction product, in
order to take into account the specific relationship of
some of its essential characteristics to the basic
requirements for construction works.
(29) Given
particular focus of the system for their assessment, the
the specificity of construction products and the
procedures for the conformity assessment provided for in
Decision No 768/2008/EC, and the modules set out
therein, are not appropriate. Specific methods should
therefore be established for the assessment and verification of constancy of performance in relation to the
essential characteristics of construction products.
(30) Due to the difference in the meaning of the CE marking
for construction products, when compared to the general
principles set out in Regulation (EC) No 765/2008,
specific provisions should be put in place to ensure the
clarity of the obligation to affix the CE marking to
construction products and the consequences thereof.(
2
(3) OJ L 123, 24.4.1998, p. 1.
() OJ L 327, 22.12.2000, p. 1.
4
() OJ L 312, 22.11.2008, p. 3.
5
) OJ L 353, 31.12.2008, p. 1.
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Official Journal of the European Union 4.4.2011
(31) By
affixed to a construction product, manufacturers should
affixing the CE marking or having such marking
indicate that they take responsibility for the conformity
of that product with its declared performance.
(32) The
products for which the manufacturer has drawn up a
CE marking should be affixed to all construction
declaration of performance in accordance with this Regulation. If a declaration of performance has not been
drawn up, the CE marking should not be affixed.
(33) The CE marking should be the only marking of
conformity of the construction product with the
declared performance and compliance with applicable
requirements relating to Union harmonisation legislation.
However, other markings may be used, provided that
they help to improve the protection of users of
construction products and are not covered by existing
Union harmonisation legislation.
(34) To
products for which performance has already been
avoid the unnecessary testing of construction
sufficiently demonstrated by stable 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.
(35) To
facturer of a construction product should be allowed to
avoid duplicating tests already carried out, a manuuse the test results obtained by a third party.
(36) Conditions
procedures for the assessment of the performance of
should be defined for the use of simplified
construction products, in order to reduce as far as
possible the cost of placing them on the market,
without reducing the level of safety. The manufacturers
using such simplified procedures should demonstrate
appropriately the fulfilment of those conditions.
(37) In
measures, all simplified procedures provided for in this
order to enhance the impact of market surveillance
Regulation for the assessment of the performance of
construction products should apply only to natural or
legal persons which manufacture the products they
place on the market.
(38) To
placing construction products, which they have manufurther decrease the cost to micro-enterprises of
factured, on the market, it is necessary to provide for
simplified procedures for the assessment of performance
when the products in question do not imply significant
safety concerns while complying with the applicable
requirements, whatever the origin of those requirements.
Enterprises applying those simplified procedures should,
in addition, demonstrate that they qualify as micro-enterprises. Moreover, they should follow the applicable
procedures for verification of constancy of performance
provided for in the harmonised technical specifications
for their products.
(39) For an individually designed and manufactured
construction product, the manufacturer should be
allowed to use simplified procedures for the assessment
of performance, where it can be demonstrated that the
product placed on the market complies with the
applicable requirements.
(40) The
series process’, to be applied to different construction
interpretative framework for the definition of ‘non-
products covered by this Regulation, should be established by the Commission in consultation with the
Standing Committee on Construction.
(41) All
distribution chain should take appropriate measures to
economic operators intervening in the supply and
ensure that they place or make available on the market
only construction products which are in compliance with
the requirements of this Regulation, which aim to ensure
the performance of construction products and fulfil basic
requirements for construction works. In particular,
importers and distributors of construction products
should be aware of the essential characteristics for
which there are provisions on the Union market, and
of the specific requirements in Member States in
relation to the basic requirements for construction
works, and should use this knowledge in their
commercial transactions.
(42) It is important to ensure the accessibility of national
technical rules so that enterprises, and in particular
SMEs, can gather reliable and precise information about
the law in force in the Member State where they intend
to place or make available on the market their products.
Member States should therefore designate Product
Contact Points for Construction for this purpose. In
addition to the tasks defined in Article 10(1) of Regulation (EC) No 764/2008 of the European Parliament and
of the Council of 9 July 2008 laying down procedures
relating to the application of certain national technical
rules to products lawfully marketed in another Member
State (
1
also provide information on rules applicable to the incor), Product Contact Points for Construction should
poration, assembling or installation of a specific type of
construction product.(
1
) OJ L 218, 13.8.2008, p. 21.
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(43) In
Product Contact Points for Construction should
order to facilitate the free movement of goods,
provide, free of charge, information about provisions
aimed at fulfilling basic requirements for construction
works applicable to the intended use of each
construction product in the territory of each Member
State. Product Contact Points for Construction may also
provide economic operators with additional information
or observations. For additional information, Product
Contact Points for Construction should be allowed to
charge fees that are proportionate to the costs of
providing such information or observations. Member
States should furthermore ensure that sufficient
resources are allocated to the Product Contact Points
for Construction.
(44) Since
Construction should not interfere with the allocation of
the creation of Product Contact Points for
functions among competent authorities within the regulatory systems of the Member States, it should be
possible for Member States to set up Product Contact
Points for Construction in accordance with regional or
local competences. Member States should be able to
entrust the role of Product Contact Points for
Construction to existing contact points established in
accordance with other Union instruments, in order to
prevent the unnecessary proliferation of contact points
and to simplify administrative procedures. In order not to
increase administrative costs for enterprises and
competent authorities, Member States should also be
able to entrust the role of Product Contact Points for
Construction not only to existing services within the
public administration, but also to national SOLVIT
centres, chambers of commerce, professional organisations and private bodies.
(45) The
able to carry out their functions in a manner that avoids
Product Contact Points for Construction should be
conflicts of interest, particularly in respect of the
procedures for obtaining the CE marking.
(46) For
consistent enforcement of Union harmonisation legisthe purposes of ensuring an equivalent and
lation, effective market surveillance should be operated
by the Member States. Regulation (EC) No 765/2008
provides the basic conditions for the functioning of
such market surveillance, notably for programmes,
financing and penalties.
(47) The
other matters covered by the basic requirements for
responsibility of Member States for safety, health and
construction works on their territory should be
recognised in a safeguard clause providing for appropriate protective measures.
(48) Since it is necessary to ensure throughout the Union a
uniform level of performance of bodies carrying out the
assessment and verification of constancy of performance
of construction products, and since all such bodies
should perform their functions to the same level and
under conditions of fair competition, requirements
should be set for those bodies seeking to be notified
for the purposes of this Regulation. Provision should
also be made for the availability of adequate information
about such bodies and for their monitoring.
(49) In
assessment and verification of constancy of performance
order to ensure a coherent level of quality in the
of construction products, it is also necessary to establish
requirements applicable to the authorities responsible for
notifying the bodies carrying out those tasks to the
Commission and the other Member States.
(50) In
principles for the control by Member States of the
accordance with Article 291 TFEU, rules and general
Commission’s exercise of implementing powers are to
be laid down in advance by a regulation adopted in
accordance with the ordinary legislative procedure.
Pending the adoption of that new regulation, Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (
1
the exception of the regulatory procedure with scrutiny,
) continues to apply, with
which is no longer applicable.
(51) For the purposes of achieving the objectives of this Regulation, the Commission should be empowered to adopt
certain delegated acts in accordance with Article 290
TFEU. It is of particular importance that the Commission
carry out appropriate consultations during its preparatory
work, including at expert level.
(52) In
adopt delegated acts outlining the conditions for the use
particular, the Commission should be empowered to
of websites to make available the declaration of
performance.
(53) Since
framework for the proper functioning of this Regulation
a period of time is required to ensure that the
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 on Construction.(
1
) OJ L 184, 17.7.1999, p. 23.
L 88/10
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Official Journal of the European Union 4.4.2011(54) The
collaboration with stakeholders, launch information
Commission and the Member States should, in
campaigns to inform the construction sector, particularly
economic operators and users of construction products,
of the establishment of a common technical language,
the distribution of responsibilities between individual
economic operators and users, the affixing of the CE
marking on construction products, the revision of the
basic requirements for construction works and the
systems of assessment and verification of constancy of
performance.
(55) The
sustainable use of natural resources should notably take
basic requirement for construction works on
into account the recyclability of construction works, their
materials and parts after demolition, the durability of
construction works and the use of environmentally
compatible raw and secondary materials in construction
works.
(56) For the assessment of the sustainable use of resources
and of the impact of construction works on the
environment Environmental Product Declarations
should be used when available.
(57) Wherever
laid down for establishing compliance with the basic
possible, uniform European methods should be
requirements set out in Annex I.
(58) Since
the proper functioning of the internal market for
the objective of this Regulation, namely to achieve
construction products by means of harmonised
technical specifications to express the performance of
construction products, cannot be sufficiently achieved
by the Member States and can therefore, by reason of
its scale and effects, be better achieved at Union level, the
Union may adopt measures, in accordance with the
principle of subsidiarity as set out in Article 5 of the
Treaty on European Union. In accordance with the
principle of proportionality, as set out in that Article,
this Regulation does not go beyond what is necessary
in order to achieve that objective,
HAVE ADOPTED THIS REGULATION:
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter
This Regulation lays down conditions for the placing or making
available on the market of construction products by establishing
harmonised rules on how to express the performance of
construction products in relation to their essential characteristics
and on the use of CE marking on those products.
Article 2
Definitions
For the purposes of this Regulation the following definitions
shall apply:
1. ‘construction product’ means any product or kit which is
produced and placed on the market for incorporation in a
permanent manner in construction works or parts thereof
and the performance of which has an effect on the
performance of the construction works with respect to
the basic requirements for construction works;
2. ‘kit’
a single manufacturer as a set of at least two separate
means a construction product placed on the market by
components that need to be put together to be incorporated in the construction works;
3. ‘construction works’ means buildings and civil
works;
engineering
4. ‘essential characteristics’ means those characteristics
construction product which relate to the basic requirements
of the
for construction works;
5. ‘performance
performance related to the relevant essential characteristics,
of a construction product’ means the
expressed by level or class, or in a description;
6. ‘level’ means the result of the assessment of the
performance of a construction product in relation to its
essential characteristics, expressed as a numerical value;
7. ‘class’ means a range of levels, delimited by a minimum and
a maximum value, of performance of a construction
product;
8. ‘threshold
performance level of an essential characteristic of a
level’ means a minimum or maximum
construction product;
9. ‘product-type’ means the
levels or classes of a construction product, in relation to its
set of representative performance
essential characteristics, produced using a given combination of raw materials or other elements in a specific
production process;
10. ‘harmonised
standards and European Assessment Documents;technical specifications’ means harmonised
EN
4.4.2011 Official Journal of the European Union L 88/11
11. ‘harmonised
the European standardisation bodies listed in Annex I to
standard’ means a standard adopted by one of
Directive 98/34/EC, on the basis of a request issued by the
Commission, in accordance with Article 6 of that Directive;
12. ‘European
adopted by the organisation of TABs for the purposes of
Assessment Document’ means a document
issuing European Technical Assessments;
13. ‘European Technical Assessment’ means the documented
assessment of the performance of a construction product,
in relation to its essential characteristics, in accordance with
the respective European Assessment Document;
14. ‘intended use’ means the intended use of the construction
product as defined in the applicable harmonised technical
specification;
15. ‘Specific Technical Documentation’ means documentation
demonstrating that methods within the applicable system
for assessment and verification of constancy of
performance have been replaced by other methods,
provided that the results obtained by those other
methods are equivalent to the results obtained by the test
methods of the corresponding harmonised standard;
16. ‘making available on the market’ means any supply of a
construction product for distribution or use on the Union
market in the course of a commercial activity, whether in
return for payment or free of charge;
17. ‘placing
a construction product on the Union market;
on the market’ means the first making available of
18. ‘economic
distributor or authorised representative;
operator’ means the manufacturer, importer,
19. ‘manufacturer’
manufactures a construction product or who has such a
means any natural or legal person who
product designed or manufactured, and markets that
product under his name or trademark;
20. ‘distributor’
chain, other than the manufacturer or the importer, who
means any natural or legal person in the supply
makes a construction product available on the market;
21. ‘importer’ means any natural or legal person established
within the Union, who places a construction product
from a third country on the Union market;
22. ‘authorised
person established within the Union who has received a
representative’ means any natural or legal
written mandate from a manufacturer to act on his
behalf in relation to specified tasks;
23. ‘withdrawal’ means any measure aimed at preventing a
construction product in the supply chain from being
made available on the market;
24. ‘recall’
a construction product that has already been made available
means any measure aimed at achieving the return of
to the end-user;
25. ‘accreditation’ has the meaning assigned to it by Regulation
(EC) No 765/2008;
26. ‘factory
permanent and internal control of production in a
production control’ means the documented,
factory, in accordance with the relevant harmonised
technical specifications;
27. ‘micro-enterprise’ means a micro-enterprise as defined in
the Commission Recommendation of 6 May 2003
concerning the definition of micro, small and medium-
sized enterprises (
1
);
28. ‘life
construction product’s life, from raw material acquisition or
cycle’ means the consecutive and interlinked stages of a
generation from natural resources to final disposal.
Article 3
Basic requirements for construction works and essential
characteristics of construction products
1. The
Annex I shall constitute the basis for the preparation of stanbasic requirements for construction works set out in
dardisation mandates and harmonised technical specifications.
2. The
be laid down in harmonised technical specifications in relation
essential characteristics of construction products shall
to the basic requirements for construction works.
3. For
harmonised standard, the Commission shall, where appropriate
specific families of construction products covered by a
and in relation to their intended uses as defined in harmonised
standards, determine by means of delegated acts in accordance
with Article 60, those essential characteristics for which the
manufacturer shall declare the performance of the product
when it is placed on the market.(
1
) OJ L 124, 20.5.2003, p. 36.
L 88/12
EN
Official Journal of the European Union 4.4.2011Where appropriate, the Commission shall also determine, by
means of delegated acts in accordance with Article 60, the
threshold levels for the performance in relation to the
essential characteristics to be declared.
CHAPTER II
DECLARATION OF PERFORMANCE AND CE MARKING
Article 4
Declaration of performance
1.
standard or conforms to a European Technical Assessment
When a construction product is covered by a harmonised
which has been issued for it, the manufacturer shall draw up
a declaration of performance when such a product is placed on
the market.
2.
standard or conforms to a European Technical Assessment
When a construction product is covered by a harmonised
which has been issued for it, information in any form about
its performance in relation to the essential characteristics, as
defined in the applicable harmonised technical specification,
may be provided only if included and specified in the
declaration of performance except where, in accordance with
Article 5, no declaration of performance has been drawn up.
3.
facturer shall assume responsibility for the conformity of the
By drawing up the declaration of performance, the manuconstruction product with such declared performance. In the
absence of objective indications to the contrary, Member
States shall presume the declaration of performance drawn up
by the manufacturer to be accurate and reliable.
Article 5
Derogations from drawing up a declaration of performance
By way of derogation from Article 4(1) and in the absence of
Union or national provisions requiring the declaration of
essential characteristics where the construction products are
intended to be used, a manufacturer may refrain from
drawing up a declaration of performance when placing a
construction product covered by a harmonised standard on
the market where:
(a) the construction product is individually manufactured or
custom-made in a non-series process in response to a
specific order, and installed in a single identified
construction work, by a manufacturer who is responsible
for the safe incorporation of the product into the
construction works, in compliance with the applicable
national rules and under the responsibility of those
responsible for the safe execution of the construction
works designated under the applicable national rules;
(b) the construction product is manufactured on the
construction site for its incorporation in the respective
construction works in compliance with the applicable
national rules and under the responsibility of those
responsible for the safe execution of the construction
works designated under the applicable national rules; or
(c) the construction product is manufactured in a traditional
manner or in a manner appropriate to heritage conservation
and in a non-industrial process for adequately renovating
construction works officially protected as part of a
designated environment or because of their special architectural or historic merit, in compliance with the applicable
national rules.
Article 6
Content of the declaration of performance
1. The
performance of construction products in relation to the
declaration of performance shall express the
essential characteristics of those products in accordance with
the relevant harmonised technical specifications.
2. The
the following information:
declaration of performance shall contain, in particular,
(a) the reference of the product-type for which the declaration
of performance has been drawn up;
(b) the system or systems of assessment and verification of
constancy of performance of the construction product, as
set out in Annex V;
(c) the reference number and date of issue of the harmonised
standard or the European Technical Assessment which has
been used for the assessment of each essential characteristic;
(d) where
Technical Documentation used and the requirements with
applicable, the reference number of the Specific
which the manufacturer claims the product complies.
3. The declaration of performance shall in addition contain:
(a) the intended use or uses for the construction product, in
accordance with the applicable harmonised technical specification;
(b) the list of essential characteristics, as determined in the
harmonised technical specification for the declared
intended use or uses;
EN
4.4.2011 Official Journal of the European Union L 88/13(c) the performance of at least one of the essential characteristics of the construction product, relevant for the
declared intended use or uses;
(d) where applicable, the performance of the construction
product, by levels or classes, or in a description, if
necessary based on a calculation in relation to its essential
characteristics determined in accordance with Article 3(3);
(e) the performance of those essential characteristics of the
construction product which are related to the intended
use or uses, taking into consideration the provisions in
relation to the intended use or uses where the manufacturer
intends the product to be made available on the market;
(f) for the listed essential characteristics for which no
performance is declared, the letters ‘NPD’ (No Performance
Determined);
(g) when
that product, the performance, by levels or classes, or in a
a European Technical Assessment has been issued for
description, of the construction product in relation to all
essential characteristics contained in the corresponding
European Technical Assessment.
4. The
the model set out in Annex III.
declaration of performance shall be drawn up using
5. The
may be, in Article 33 of Regulation (EC) No 1907/2006, shall
information referred to in Article 31 or, as the case
be provided together with the declaration of performance.
Article 7
Supply of the declaration of performance
1.
which is made available on the market shall be supplied either
A copy of the declaration of performance of each product
in paper form or by electronic means.
However, where a batch of the same product is supplied to a
single user, it may be accompanied by a single copy of the
declaration of performance either in paper form or by electronic
means.
2.
supplied if the recipient requests it.
A paper copy of the declaration of performance shall be
3.
of the declaration of performance may be made available on a
By way of derogation from paragraphs 1 and 2, the copy
web site in accordance with conditions to be established by the
Commission by means of delegated acts in accordance with
Article 60. Such conditions shall, inter alia, guarantee that the
declaration of performance remains available at least for the
period referred to in Article 11(2).
4. The
language or the languages required by the Member State where
declaration of performance shall be supplied in the
the product is made available.
Article 8
General principles and use of CE marking
1.
(EC) No 765/2008 shall apply to the CE marking.
The general principles set out in Article 30 of Regulation
2. The
products for which the manufacturer has drawn up a
CE marking shall be affixed to those construction
declaration of performance in accordance with Articles 4 and 6.
If a declaration of performance has not been drawn up by the
manufacturer in accordance with Articles 4 and 6, the CE
marking shall not be affixed.
By affixing or having affixed the CE marking, manufacturers
indicate that they take responsibility for the conformity of the
construction product with the declared performance as well as
the compliance with all applicable requirements laid down in
this Regulation and in other relevant Union harmonisation
legislation providing for its affixing.
The rules for affixing the CE marking provided for in other
relevant Union harmonisation legislation shall apply without
prejudice to this paragraph.
3. For
standard, or for which a European Technical Assessment has
any construction product covered by a harmonised
been issued, the CE marking shall be the only marking which
attests conformity of the construction product with the declared
performance in relation to the essential characteristics, covered
by that harmonised standard or by the European Technical
Assessment.
In this respect, Member States shall not introduce any references
or shall withdraw any references in national measures to a
marking attesting conformity with the declared performance
in relation to the essential characteristics covered by a
harmonised standard other than the CE marking.
4. A
territory or under its responsibility, the making available on the
Member State shall not prohibit or impede, within its
market or the use of construction products bearing the CE
marking, when the declared performances correspond to the
requirements for such use in that Member State.
L 88/14
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Official Journal of the European Union 4.4.20115. A Member State shall ensure that the use of construction
products bearing the CE marking shall not be impeded by rules
or conditions imposed by public bodies or private bodies acting
as a public undertaking, or acting as a public body on the basis
of a monopoly position or under a public mandate, when the
declared performances correspond to the requirements for such
use in that Member State.
basic requirements for construction works applicable for the
intended use of each construction product, as provided for in
Article 6(3)(e) of this Regulation.
4. Product Contact Points for Construction shall be able to
carry out their functions in a manner that avoids conflicts of
interest, particularly in respect of the procedures for obtaining
the CE marking.
6. The methods used by the Member States in their
requirements for construction works, as well as other national
rules in relation to the essential characteristics of construction
products, shall be in accordance with harmonised standards.
Article 9
Rules and conditions for the affixing of CE marking
1. The
indelibly to the construction product or to a label attached to
CE marking shall be affixed visibly, legibly and
it. Where this is not possible or not warranted on account of
the nature of the product, it shall be affixed to the packaging or
to the accompanying documents.
2. The
the year in which it was first affixed, the name and the
CE marking shall be followed by the two last digits of
registered address of the manufacturer, or the identifying
mark allowing identification of the name and address of the
manufacturer easily and without any ambiguity, the unique
identification code of the product-type, the reference number
of the declaration of performance, the level or class of the
performance declared, the reference to the harmonised
technical specification applied, the identification number of
the notified body, if applicable, and the intended use as laid
down in the harmonised technical specification applied.
3. The
product is placed on the market. It may be followed by a
CE marking shall be affixed before the construction
pictogram or any other mark notably indicating a special risk
or use.
Article 10
Product Contact Points for Construction
1. Member
Construction pursuant to Article 9 of Regulation (EC) No
States shall designate Product Contact Points for
764/2008.
2.
apply to Product Contact Points for Construction.
Articles 10 and 11 of Regulation (EC) No 764/2008 shall
3. With
lation (EC) No 764/2008, each Member State shall ensure that
regard to the tasks defined in Article 10(1) of Reguthe Product Contact Points for Construction provide
information, using transparent and easily understandable
terms, on the provisions within its territory aimed at fulfilling
CHAPTER III
OBLIGATIONS OF ECONOMIC OPERATORS
Article 11
Obligations of manufacturers
1. Manufacturers
in accordance with Articles 4 and 6, and affix the CE marking
shall draw up a declaration of performance
in accordance with Articles 8 and 9.
Manufacturers shall, as the basis for the declaration of
performance, draw up technical documentation describing all
the relevant elements related to the required system of
assessment and verification of constancy of performance.
2. Manufacturers
the declaration of performance for a period of 10 years after the
shall keep the technical documentation and
construction product has been placed on the market.
Where appropriate, the Commission may, by means of
delegated acts in accordance with Article 60, amend that
period for families of construction products on the basis of
the expected life or part played by the construction product
in the construction works.
3. Manufacturers
ensure that series production maintains the declared
shall ensure that procedures are in place to
performance. Changes in the product-type and in the applicable
harmonised technical specifications shall be adequately taken
into account.
Manufacturers shall, where deemed appropriate with regard to
ensuring the accuracy, reliability and stability of the declared
performance of a construction product, carry out sample
testing of construction products placed or made available on
the market, investigate, and, if necessary, keep a register of
complaints, of non-conforming products and of product
recalls, and keep distributors informed of any such monitoring.
4. Manufacturers
products bear a type, batch or serial number or any other
shall ensure that their construction
element allowing their identification, or, where the size or
nature of the product does not allow it, that the required
information is provided on the packaging or in a document
accompanying the construction product.
EN
4.4.2011 Official Journal of the European Union L 88/155. Manufacturers shall indicate on the construction product
or, where that is not possible, on its packaging or in a
document accompanying it, their name, registered trade name
or registered trade mark and their contact address. The address
shall indicate a single point at which the manufacturer can be
contacted.
(b) further to a reasoned request from a competent national
authority, provide that authority with all the information
and documentation necessary to demonstrate the
conformity of the construction product with the declaration
of performance and compliance with other applicable
requirements in this Regulation;
6. When making a construction product available on the
(c) cooperate with the competent national authorities, at their
market, manufacturers shall ensure that the product is accompanied by instructions and safety information in a language
determined by the Member State concerned which can be
easily understood by users.
7. Manufacturers
a construction product which they have placed on the market is
who consider or have reason to believe that
not in conformity with the declaration of performance or not in
compliance with other applicable requirements in this Regulation, shall immediately take the necessary corrective
measures to bring that construction product into conformity,
or, if appropriate, to withdraw or recall it. Furthermore, where
the product presents a risk, manufacturers shall immediately
inform the competent national authorities of the Member
States in which they made the construction product available
to that effect, giving details, in particular, of the non-compliance
and of any corrective measures taken.
8. Manufacturers
competent national authority, provide it with all the
shall, further to a reasoned request from a
information and documentation necessary to demonstrate the
conformity of the construction product with the declaration of
performance and compliance with other applicable requirements
in this Regulation, in a language which can be easily understood
by that authority. They shall cooperate with that authority, at its
request, on any action taken to eliminate the risks posed by
construction products which they have placed on the market.
Article 12
Authorised representatives
1. A
authorised representative.
manufacturer may appoint, by written mandate, an
The drawing up of technical documentation shall not form part
of the authorised representative’s mandate.
2. An
specified in the mandate. The mandate shall allow the au-
authorised representative shall perform the tasks
thorised representative to carry out at least the following tasks:
(a) keep the declaration of performance and the technical documentation at the disposal of national surveillance authorities
for the period referred to in Article 11(2);
request, on any action taken to eliminate the risks posed by
construction products covered by the mandate of the au-
thorised representative.
Article 13
Obligations of importers
1. Importers
construction products which are compliant with the applicable
shall place on the Union market only
requirements of this Regulation.
2. Before
importers shall ensure that the assessment and the verification
placing a construction product on the market,
of constancy of performance has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up
the technical documentation referred to in the second
subparagraph of Article 11(1) and the declaration of
performance in accordance with Articles 4 and 6. They shall
also ensure that the product, where required, bears the CE
marking, that the product is accompanied by the required
documents and that the manufacturer has complied with the
requirements set out in Article 11(4) and (5).
Where an importer considers or has reason to believe that the
construction product is not in conformity with the declaration
of performance or not in compliance with other applicable
requirements in this Regulation, the importer shall not place
the construction product on the market until it conforms to
the accompanying declaration of performance and it complies
with the other applicable requirements in this Regulation or
until the declaration of performance is corrected. Furthermore,
where the construction product presents a risk, the importer
shall inform the manufacturer and the market surveillance
authorities thereof.
3. Importers
where that is not possible, on its packaging or in a document
shall indicate on the construction product or,
accompanying the product their name, registered trade name or
registered trade mark and their contact address.
4. Importers
product available on the market, the product is accompanied by
shall ensure that, when making a construction
instructions and safety information in a language determined by
the Member State concerned which can be easily understood by
users.
L 88/16
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Official Journal of the European Union 4.4.20115. Importers shall ensure that, while a construction product
is under their responsibility, storage or transport conditions do
not jeopardise its conformity with the declaration of
performance and compliance with other applicable requirements
in this Regulation.
importer have complied with the requirements set out in
Article 11(4) and (5) and Article 13(3) respectively.
6. Importers shall, when deemed appropriate with regard to
Where a distributor considers or has reason to believe that a
construction product is not in conformity with the declaration
of performance or not in compliance with other applicable
ensuring the accuracy, reliability and stability of the declared
performance of a construction product, carry out sample
testing of construction products placed or made available on
the market, investigate, and, if necessary, keep a register of
complaints, of non-conforming products and of product
recalls, and shall keep distributors informed of any such monitoring.
7. Importers
construction product which they have placed on the market is
who consider or have reason to believe that a
not in conformity with the declaration of performance or not in
compliance with other applicable requirements in this Regulation, shall immediately take the necessary corrective
measures to bring that construction product into conformity,
or, where appropriate, to withdraw or recall it. Furthermore,
where the product presents a risk, importers shall immediately
inform the competent national authorities of the Member States
in which they made the construction product available thereof,
giving details, in particular, of the non-compliance and of any
corrective measures taken.
8. Importers
keep a copy of the declaration of performance at the disposal of
shall, for the period referred to in Article 11(2),
the market surveillance authorities and ensure that the technical
documentation is made available to those authorities, upon
request.
9. Importers
competent national authority, provide it with all the
shall, further to a reasoned request from a
information and documentation necessary to demonstrate the
conformity of the construction product with the declaration of
performance and compliance with other applicable requirements
in this Regulation, in a language which can be easily understood
by that authority. They shall cooperate with that authority, at its
request, on any action taken to eliminate the risks posed by
construction products which they have placed on the market.
Article 14
Obligations of distributors
1. When
market, distributors shall act with due care in relation to the
making a construction product available on the
requirements of this Regulation.
2. Before
market distributors shall ensure that the product, where
making a construction product available on the
required, bears the CE marking and is accompanied by the
documents required under this Regulation and by instructions
and safety information in a language determined by the Member
State concerned which can be easily understood by users.
Distributors shall also ensure that the manufacturer and the
requirements in this Regulation, the distributor shall not make
the product available on the market until it conforms to the
accompanying declaration of performance and it complies with
the other applicable requirements in this Regulation or until the
declaration of performance is corrected. Furthermore, where the
product presents a risk, the distributor shall inform the manufacturer or the importer thereof, and the market surveillance
authorities.
3. A
product is under his responsibility, storage or transport
distributor shall ensure that, while a construction
conditions do not jeopardise its conformity with the declaration
of performance and compliance with other applicable
requirements in this Regulation.
4. Distributors
construction product which they have made available on the
who consider or have reason to believe that a
market is not in conformity with the declaration of
performance or not in compliance with other applicable
requirements in this Regulation, shall make sure that the
corrective measures necessary to bring that product in
conformity, to withdraw it or recall it, as appropriate, are
taken. Furthermore, where the product presents a risk,
distributors shall immediately inform the competent national
authorities of the Member States in which they made the
product available thereof, giving details, in particular, of the
non-compliance and of any corrective measures taken.
5. Distributors
competent national authority, provide it with all the
shall, further to a reasoned request from a
information and documentation necessary to demonstrate the
conformity of the construction product with the declaration of
performance and compliance with other applicable requirements
in this Regulation in a language which can be easily understood
by that authority. They shall cooperate with that authority, at its
request, on any action taken to eliminate the risks posed by
construction products which they have made available on the
market.
Article 15
Cases in which obligations of manufacturers apply to
importers and distributors
An importer or distributor shall be considered a manufacturer
for the purposes of this Regulation and shall be subject to the
obligations of a manufacturer pursuant to Article 11, where he
places a product on the market under his name or trademark or
modifies a construction product already placed on the market in
such a way that conformity with the declaration of performance
may be affected.
EN
4.4.2011 Official Journal of the European Union L 88/17Article 16
Identification of economic operators
For the period referred to in Article 11(2), economic operators
shall, on request, identify the following to market surveillance
authorities:
(a) any economic operator who has supplied them with a
product;
(b) any
ic operator to whom they have supplied a
CHAPTER IV
HARMONISED TECHNICAL SPECIFICATIONS
Article 17
Harmonised standards
1. Harmonised
European standardisation bodies listed in Annex I to Directive
standards shall be established by the
98/34/EC on the basis of requests (hereinafter referred to as
‘mandates’) issued by the Commission in accordance with
Article 6 of that Directive after having consulted the Standing
Committee on Construction referred to in Article 64 of this
Regulation (hereinafter referred to as ‘Standing Committee on
Construction’).
2. Where
developing harmonised standards pursuant to this Article, the
stakeholders are involved in the process of
European standardisation bodies shall ensure that the various
categories of stakeholders are in all instances represented in a
fair and equitable manner.
3. Harmonised
criteria for assessing the performance of the construction
standards shall provide the methods and the
products in relation to their essential characteristics.
When provided for in the relevant mandate, a harmonised
standard shall refer to an intended use of products to be
covered by it.
Harmonised standards shall, where appropriate and without
endangering the accuracy, reliability or stability of the results,
provide methods less onerous than testing for assessing the
performance of the construction products in relation to their
essential characteristics.
4. The
harmonised standards the applicable factory production
European standardisation bodies shall determine in
control, which shall take into account the specific conditions
of the manufacturing process of the construction product
concerned.
The harmonised standard shall include technical details
necessary for the implementation of the system of assessment
and verification of constancy of performance.
5. The
harmonised standards established by the European standardCommission shall assess the conformity of
isation bodies with the relevant mandates.
The Commission shall publish in theEuropean Union Official Journal of the
which are in conformity with the relevant mandates.
the list of references of harmonised standards
The following shall be indicated for each harmonised standard
in the list:
(a) references
if any;
of superseded harmonised technical specifications,
(b) date of the beginning of the coexistence period;
(c) date of the end of the coexistence period.
The Commission shall publish any updates to that list.
From the date of the beginning of the coexistence period it shall
be possible to use a harmonised standard to make a declaration
of performance for a construction product covered by it.
National standardisation bodies are under the obligation to
transpose the harmonised standards in conformity with
Directive 98/34/EC.
Without prejudice to Articles 36 to 38, from the date of the
end of the coexistence period, the harmonised standard shall be
the only means used for drawing up a declaration of
performance for a construction product covered by it.
At the end of the coexistence period, conflicting national
standards shall be withdrawn and Member States shall
terminate the validity of all conflicting national provisions.
Article 18
Formal objection against harmonised standards
1. When
harmonised standard does not entirely satisfy the requirements
a Member State or the Commission considers that a
set out in the relevant mandate, the Member State concerned or
the Commission, after having consulted the Standing
Committee on Construction, shall bring the matter before the
Committee set up pursuant to Article 5 of Directive 98/34/EC,
giving its arguments. That Committee shall, after having
consulted the relevant European standardisation bodies deliver
its opinion without delay.
L 88/18
EN
Official Journal of the European Union 4.4.20112.
pursuant to Article 5 of Directive 98/34/EC, the Commission
In the light of the opinion of the Committee set up
shall decide to publish, not to publish, to publish with
restriction, to maintain, to maintain with restriction or to
withdraw the references to the harmonised standard
concerned in the Official Journal of the European Union.
3. The
isation body concerned of its decision and, if necessary,
Commission shall inform the European standardrequest the revision of the harmonised standard concerned.
Article 19
European Assessment Document
1.
by a manufacturer, a European Assessment Document shall be
Following a request for a European Technical Assessment
drawn up and adopted by the organisation of TABs for any
construction product not covered or not fully covered by a
harmonised standard, for which the performance in relation
to its essential characteristics cannot be entirely assessed
according to an existing harmonised standard, because, inter
alia:
(a) the product does not fall within the scope of any existing
harmonised standard;
(b) for at least one essential characteristic of that product, the
assessment method provided for in the harmonised standard
is not appropriate; or
(c) the
assessment method in relation to at least one essential charharmonised standard does not provide for any
acteristic of that product.
2. The
Document shall respect the principles set out in Article 20
procedure for adopting the European Assessment
and shall comply with Article 21 and Annex II.
3. The
with Article 60 to amend Annex II and establish supplementary
Commission may adopt delegated acts in accordance
procedural rules for the development and adoption of a
European Assessment Document.
4. Where
consulted the Standing Committee on Construction, shall take
appropriate, the Commission, after having
existing European Assessment Documents as a basis for the
mandates to be issued pursuant to Article 17(1) with a view
to developing harmonised standards as regards the products
referred to in paragraph 1 of this Article.
Article 20
Principles for the development and adoption of European
Assessment Documents
1. The
Assessment Documents shall:
procedure for developing and adopting European
(a) be transparent to the manufacturer concerned;
(b) define appropriate
unjustified delay;
mandatory time limits in order to avoid
(c) take
commercial secrecy and confidentiality;
appropriately into account the protection of
(d) allow for adequate participation by the Commission;
(e) be cost-effective for the manufacturer; and
(f) ensure sufficient collegiality and coordination amongst
TABs designated for the product in question.
2. The
bear the full costs of the development and adoption of
TABs shall, together with the organisation of TABs,
European Assessment Documents.
Article 21
Obligations of the TAB receiving a request for a European
Technical Assessment
1.
Assessment shall inform the manufacturer if the construction
The TAB receiving a request for a European Technical
product is covered, fully or partially, by a harmonised technical
specification as follows:
(a) where the product is fully covered by a harmonised
standard, the TAB shall inform the manufacturer that, in
accordance with Article 19(1), a European Technical
Assessment cannot be issued;
(b) where the product is fully covered by a European
Assessment Document, the TAB shall inform the manufacturer that such a document will be used as the basis
for the European Technical Assessment to be issued;
(c) where the product is not covered, or not fully covered, by
any harmonised technical specification, the TAB shall apply
the procedures set out in Annex II or those established in
accordance with Article 19(3).
2.
1, the TAB shall inform the organisation of TABs and the
In the cases referred to in points (b) and (c) of paragraph
Commission of the content of the request and of the
reference to a relevant Commission decision for assessment
and verification of constancy of performance, which the TAB
intends to apply for that product, or of the lack of such a
Commission decision.
EN
4.4.2011 Official Journal of the European Union L 88/193. If the Commission considers that an appropriate decision
demands to be met in relation to the basic requirements for
for assessment and verification of constancy of performance
does not exist for the construction product, Article 28 shall
apply.
Article 22
Publication
European Assessment Documents adopted by the organisation
of TABs shall be sent to the Commission, which shall publish a
list of references of the final European Assessment Documents
in the Official Journal of the European Union.
The Commission shall publish any updates to that list.
Article 23
Dispute resolution in cases of disagreement between TABs
If the TABs do not agree upon the European Assessment
Document within the time limits provided for, the organisation
of TABs shall submit this matter to the Commission for appropriate resolution.
Article 24
Content of the European Assessment Document
1. A
a general description of the construction product, the list of
European Assessment Document shall contain, at least,
essential characteristics, relevant for the intended use of the
product as foreseen by the manufacturer and agreed between
the manufacturer and the organisation of TABs, as well as the
methods and criteria for assessing the performance of the
product in relation to those essential characteristics.
2. Principles
be applied shall be set out in the European Assessment
for the applicable factory production control to
Document, taking into account the conditions of the manufacturing process of the construction product concerned.
3.
acteristics of the product can appropriately be assessed with
Where the performance of some of the essential charmethods and criteria already established in other harmonised
technical specifications or the Guidelines referred to in
Article 66(3), or used in accordance with Article 9 of
Directive 89/106/EEC before 1 July 2013 in the context of
issuing European technical approvals, those existing methods
and criteria shall be incorporated as parts of the European
Assessment Document.
Article 25
Formal objections against European Assessment
Documents
1. Where
a European Assessment Document does not entirely satisfy the
a Member State or the Commission considers that
construction works set out in Annex I, the Member State
concerned or the Commission shall bring the matter before
the Standing Committee on Construction, giving its arguments.
The Standing Committee on Construction shall, after having
consulted the organisation of TABs, deliver its opinion
without delay.
2.
Construction, the Commission shall decide to publish, not to
In the light of the opinion of the Standing Committee on
publish, to publish with restriction, to maintain, to maintain
with restriction or to withdraw the references to the European
Assessment Documents concerned in theEuropean Union.
Official Journal of the
3.
accordingly and, if necessary, request the revision of the
The Commission shall inform the organisation of TABs
European Assessment Document concerned.
Article 26
European Technical Assessment
1. The
TAB, at the request of a manufacturer on the basis of a
European Technical Assessment shall be issued by a
European Assessment Document established in accordance
with the procedures set out in Article 21 and Annex II.
Provided that there is a European Assessment Document, a
European Technical Assessment may be issued even in the
case where a mandate for a harmonised standard has been
issued. Such issuing shall be possible until the beginning of
the coexistence period as determined by the Commission in
accordance with Article 17(5).
2. The
performance to be declared, by levels or classes, or in a
European Technical Assessment shall include the
description, of those essential characteristics agreed by the
manufacturer and the TAB receiving the request for the
European Technical Assessment for the declared intended use,
and technical details necessary for the implementation of the
system of assessment and verification of constancy of
performance.
3. In
Article, the Commission shall adopt implementing acts to
order to ensure the uniform implementation of this
establish the format of the European Technical Assessment in
accordance with the procedure referred to in Article 64(2).
Article 27
Levels or classes of performance
1. The
with Article 60, to establish classes of performance in relation
Commission may adopt delegated acts in accordance
to the essential characteristics of construction products.
L 88/20
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Official Journal of the European Union 4.4.20112. Where the Commission has established classes of
Article 28
performance in relation to the essential characteristics of
construction products, the European standardisation bodies
shall use those classes in harmonised standards. The organisation of TABs shall where relevant use those classes in
European Assessment Documents.
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, on the basis of a
revised mandate.
3. When
European standardisation bodies shall establish in harmonised
provided for in the relevant mandates, the
standards threshold levels in relation to essential characteristics
and, when appropriate, for intended uses, to be fulfilled by
construction products in Member States.
4. Where
lished classes of performance in a harmonised standard, the
the European standardisation bodies have estaborganisation of TABs shall use those classes in the European
Assessment Documents where they are relevant for the
construction product.
When deemed appropriate, the organisation of TABs may, with
the agreement of the Commission and after consulting the
Standing Committee on Construction, establish in the
European Assessment Document classes of performance and
threshold levels in relation to the essential characteristics of a
construction product within its intended use as foreseen by the
manufacturer.
5. The
with Article 60, to establish conditions under which a
Commission may adopt delegated acts in accordance
construction product shall be deemed to satisfy a certain level
or class of performance without testing or without further
testing.
Where such conditions are not established by the Commission,
they may be established by the European standardisation bodies
in harmonised standards, on the basis of a revised mandate.
6. When
systems in accordance with paragraph 1, Member States may
the Commission has established classification
determine the levels or classes of performance to be respected
by construction products in relation to their essential characteristics only in accordance with those classification systems.
7. The
of TABs shall respect the regulatory needs of Member States
European standardisation bodies and the organisation
when determining threshold levels or classes of performance.
Assessment and verification of constancy of performance
1. Assessment
of construction products in relation to their essential charand verification of constancy of performance
acteristics shall be carried out in accordance with one of the
systems set out in Annex V.
2. By
the Commission shall establish and may revise, taking into
means of delegated acts in accordance with Article 60,
account in particular the effect on the health and safety of
people, and on the environment, which system or systems are
applicable to a given construction product or family of
construction products or a given essential characteristic. In
doing so, the Commission shall also take into account the
documented experiences forwarded by national authorities
with regard to market surveillance.
The Commission shall choose the least onerous system or
systems consistent with the fulfilment of all basic requirements
for construction works.
3. The
in the mandates for harmonised standards and in the
system or systems thus determined shall be indicated
harmonised technical specifications.
CHAPTER V
TECHNICAL ASSESSMENT BODIES
Article 29
Designation, monitoring and evaluation of TABs
1. Member
notably for one or several product areas listed in Table 1 of
States may designate TABs within their territories,
Annex IV.
Member States which have designated a TAB shall communicate
to the other Member States and the Commission its name and
address and the product areas for which that TAB is designated.
2. The
tronic means the list of TABs indicating the product areas for
Commission shall make publicly available by elecwhich they are designated, endeavouring to achieve the highest
possible level of transparency.
The Commission shall make any updates to that list publicly
available.
3. Member
competence of the TABs they have designated, and evaluate
States shall monitor the activities and
them in relation to the respective requirements set out in
Table 2 of Annex IV.
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4.4.2011 Official Journal of the European Union L 88/21
Member States shall inform the Commission of their national
procedures for the designation of TABs, of the monitoring of
their activity and competence, and of any changes to that
information.
Council shall be informed of the conclusion of any such
agreement.
4. The organisation of TABs shall at least carry out the
following tasks:
4. The Commission shall adopt guidelines for carrying out
the evaluation of TABs, after consulting the Standing
Committee on Construction.
Article 30
Requirements for TABs
1. A
European Technical Assessment in a product area for which it
TAB shall carry out the assessment and issue the
has been designated.
The TAB shall satisfy the requirements set out in Table 2 of
Annex IV within the scope of its designation.
2.
the names of the members of its internal decision-making
A TAB shall make publicly available its organigram and
bodies.
3.
referred to in paragraph 1, the Member State shall withdraw the
Where a TAB no longer complies with the requirements
designation of that TAB for the relevant product area and
inform the Commission and the other Member States thereof.
Article 31
Coordination of TABs
1. The
assessment.
TABs shall establish an organisation for technical
2. The
pursuing an aim of general European interest within the
organisation of TABs shall be considered a body
meaning of Article 162 of Commission Regulation (EC,
Euratom) No 2342/2002 of 23 December 2002 laying down
detailed rules for the implementation of Council Regulation (EC,
Euratom) No 1605/2002 on the Financial Regulation applicable
to the general budget of the European Communities (
1
).
3. The
trative and financial conditions relating to the grants awarded
common cooperation objectives and the administo the organisation of TABs may be defined in a framework
partnership agreement signed by the Commission and that
organisation, in accordance with Council Regulation (EC,
Euratom) No 1605/2002 of 25 June 2002 on the Financial
Regulation applicable to the general budget of the European
Communities (
2
Euratom) No 2342/2002. The European Parliament and the
) (the Financial Regulation) and Regulation (EC,
(
1
(2) OJ L 357, 31.12.2002, p. 1.
) OJ L 248, 16.9.2002, p. 1.(a) organise the coordination of the TABs and, if necessary,
ensure cooperation and consultation with other stakeholders;
(b) ensure that examples of best practice are shared between
TABs to promote greater efficiency and provide a better
service to industry;
(c) coordinate the application of the procedures set out in
Article 21 and in Annex II, as well as provide the support
needed to that end;
(d) develop and adopt European Assessment Documents;
(e) inform the Commission of any question related to the preparation of European Assessment Documents and of any
aspects related to the interpretation of the procedures set
out in Article 21 and in Annex II and suggest
improvements to the Commission based on experience
gained;
(f) communicate any observations concerning a TAB not
fulfilling its tasks in accordance with the procedures set
out in Article 21 and in Annex II to the Commission and
the Member State which designated the TAB;
(g) ensure that adopted European Assessment Documents and
references to European Technical Assessments are kept
publicly available.
The organisation of TABs shall have a Secretariat in order to
carry out these tasks.
5. Member
financial and human resources to the organisation of shall ensure that the TABs contribute with
Article 32
Union financing
1. Union
TABs for the implementation of the tasks referred to in
financing may be granted to the organisation of
Article 31(4).
2. The
Article 31(4) shall be determined each year by the budgetary
appropriations allocated to the tasks set out in
authority within the limits of the financial framework in force.
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Official Journal of the European Union 4.4.2011
Article 33
Financing arrangements
1. Union financing shall be provided, without a call for
proposals, to the organisation of TABs to carry out the tasks
referred to in Article 31(4) for which grants can be awarded in
accordance with the Financial Regulation.
Regulation (Euratom, EC) No 2185/96 of 11 November 1996
concerning on-the-spot checks and inspections carried out by
the Commission in order to protect the European Communities’
financial interests against fraud and other irregularities (
2) and
Regulation (EC) No 1073/1999 of the European Parliament and
of the Council of 25 May 1999 concerning investigations
conducted by the European Anti-Fraud Office (OLAF) (
3).
2. The activities of the Secretariat of the organisation of
2. For the activities financed under this Regulation, the
TABs, referred to in Article 31(4), may be financed on the
basis of operating grants. In the event of renewal, the
operating grants shall not be decreased automatically.
3. Grant
beneficiary’s overheads up to a maximum of 10
agreements may authorise flat-rate cover of the
eligible direct costs for actions, except where the beneficiary’s
% of total
indirect costs are covered by an operating grant financed from
the general budget of the Union.
Article 34
Management and monitoring
1. The
for the financing of tasks set out in Article 31(4) may also cover
appropriations determined by the budgetary authority
administrative expenses relating to preparation, monitoring,
inspection, auditing and evaluation which are directly
necessary for the achievement of the objectives of this Regulation, and in particular studies, meetings, information and
publication activities, expenses relating to informatics
networks for the exchange of information and any other expenditure on administrative and technical assistance which the
Commission may use for activities related to the development
and adoption of European Assessment Documents and the
issuing of European Technical Assessments.
2.
set out in Article 31(4) that receive Union financing in the light
The Commission shall evaluate the relevance of the tasks
of the requirements of Union policies and legislation, and
inform the European Parliament and the Council of the
outcome of that evaluation by 1 January 2017 and every 4
years thereafter.
Article 35
Protection of the Union’s financial interests
1. The
financed under this Regulation are implemented, the Union’s
Commission shall ensure that when the activities
financial interests are protected by the application of preventive
measures against fraud, corruption and other illegal activities, by
effective checks and by the recovery of amounts unduly paid
and, if irregularities are detected, by effective, proportionate and
dissuasive penalties, in accordance with Council Regulation (EC,
Euratom) No 2988/95 of 18 December 1995 on the protection
of the European Communities’ financial interests (
1
), Council
(
1
) OJ L 312, 23.12.1995, p. 1.
notion of irregularity referred to in Article 1(2) of Regulation
(EC, Euratom) No 2988/95 shall mean any infringement of a
provision of Union law or any breach of a contractual obligation resulting from an act or omission by an economic
operator which has, or would have, the effect of prejudicing
the general budget of the Union or budgets managed by it by
an unjustified item of expenditure.
3. Any
lation shall provide for monitoring and financial control by the
agreements and contracts resulting from this ReguCommission or any representative which it authorises and for
audits by the Court of Auditors, which, if necessary, may be
conducted on-the-spot.
CHAPTER VI
SIMPLIFIED PROCEDURES
Article 36
Use of Appropriate Technical Documentation
1. In
replace type-testing or type-calculation by Appropriate
determining the product-type, a manufacturer may
Technical Documentation demonstrating that:
(a) for
construction product, which the manufacturer places on
one or several essential characteristics of the
the market, that product is deemed to achieve a certain
level or class of performance without testing or calculation,
or without further testing or calculation, in accordance with
the conditions set out in the relevant harmonised technical
specification or a Commission decision;
(b) the
standard, which the manufacturer places on the market
construction product, covered by a harmonised
corresponds to the product-type of another construction
product, manufactured by another manufacturer and
already tested in accordance with the relevant harmonised
standard. When these conditions are fulfilled, the manufacturer is entitled to declare performance corresponding
to all or part of the test results of this other product. The
manufacturer may use the test results obtained by another
manufacturer only after having obtained an authorisation of
that manufacturer, who remains responsible for the
accuracy, reliability and stability of those test results; or(
2
(3) OJ L 292, 15.11.1996, p. 2.
) OJ L 136, 31.5.1999, p. 1.
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4.4.2011 Official Journal of the European Union L 88/23(c) the
technical specification, which the manufacturer places on
construction product, covered by a harmonised
the market is a system made of components, which the
manufacturer assembles duly following precise instructions
given by the provider of such a system or of a component
thereof, who has already tested that system or that
component for one or several of its essential characteristics
in accordance with the relevant harmonised technical 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 manufacturer may use
the test results obtained by another manufacturer or
system provider only after having obtained an authorisation
of that manufacturer or system provider, who remains
responsible for the accuracy, reliability and stability of
those test results.
2. If
belongs to a family of construction products for which the
the construction product referred to in paragraph 1
applicable system for assessment and verification of constancy
of performance is system 1 + or 1, as set out in Annex V, the
Appropriate Technical Documentation referred to in paragraph
1 shall be verified by a notified product certification body as
referred to in Annex V.
Article 37
Use of simplified procedures by micro-enterprises
Micro-enterprises manufacturing construction products covered
by a harmonised standard may replace the determination of the
product-type on the basis of type-testing for the applicable
systems 3 and 4 as set out in Annex V by using methods
differing from those contained in the applicable harmonised
standard. Those manufacturers may also treat construction
products to which system 3 applies in accordance with
provisions for system 4. When a manufacturer uses these
simplified procedures, the manufacturer shall demonstrate
compliance of the construction product with the applicable
requirements by means of a Specific Technical Documentation
and shall demonstrate the equivalence of the procedures used to
the procedures laid down in the harmonised standards.
Article 38
Other simplified procedures
1. In
harmonised standard and which are individually manufactured
relation to construction products covered by a
or custom-made in a non-series process in response to a specific
order, and which are installed in a single identified construction
work, the performance assessment part of the applicable system,
as set out in Annex V, may be replaced by the manufacturer by
Specific Technical Documentation demonstrating compliance of
that product with the applicable requirements and equivalence
of the procedures used to the procedures laid down in the
harmonised standards.
2. If
belongs to a family of construction products for which the
the construction product referred to in paragraph 1
applicable system for assessment and verification of constancy
of performance is system 1 + or 1, as set out in Annex V, the
Specific Technical Documentation shall be verified by a notified
product certification body as referred to in Annex V.
CHAPTER VII
NOTIFYING AUTHORITIES AND NOTIFIED BODIES
Article 39
Notification
Member States shall notify the Commission and the other
Member States of bodies authorised to carry out third-party
tasks in the process of assessment and verification of
constancy of performance under this Regulation (hereinafter
referred to as ‘notified bodies’).
Article 40
Notifying authorities
1. Member
shall be responsible for setting up and carrying out the
States shall designate a notifying authority that
necessary procedures for the assessment and notification of
the bodies to be authorised to carry out third-party tasks in
the process of assessment and verification of constancy of
performance for the purposes of this Regulation, and for the
monitoring of notified bodies, including their compliance with
Article 43.
2. Member
toring referred to in paragraph 1 shall be carried out by their
States may decide that the assessment and moninational accreditation bodies within the meaning of, and in
accordance with, Regulation (EC) No 765/2008.
3. Where
entrusts the assessment, notification or monitoring referred to
the notifying authority delegates or otherwise
in paragraph 1 to a body which is not a governmental entity,
that body shall be a legal entity and shall complymutandis mutatis
addition, it shall have arrangements to cover liabilities arising
with the requirements laid down in Article 41. In
from its activities.
4. The
tasks performed by the body referred to in paragraph ing authority shall take full responsibility for
the
Article 41
Requirements relating to notifying authorities
1. The
that no conflicts of interest with notified bodies occur.
notifying authority shall be established in such a way
2. The
as to safeguard the objectivity and impartiality of its ing authority shall be organised and operated so
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Official Journal of the European Union 4.4.20113. The notifying authority shall be organised in such a way
that each decision relating to notification of a body to be au-
thorised to carry out third party tasks in the process of
assessment and verification of constancy of performance is
taken by competent persons different from those who carried
out the assessment.
installer, purchaser, owner, user or maintainer of the
construction products which it assesses, nor the authorised
representative of any of those parties. This shall not preclude
the use of assessed products that are necessary for the
operations of the notified body or the use of products for
personal purposes.
4. The notifying authority shall not offer or provide activities
performed by notified bodies, or consultancy services on a
commercial or competitive basis.
5. The
of the information obtained.
notifying authority shall safeguard the confidentiality
6. The
competent personnel at its disposal for the proper performance
notifying authority shall have a sufficient number of
of its tasks.
Article 42
Information obligation for Member States
Member States shall inform the Commission of their national
procedures for the assessment and notification of bodies to be
authorised to carry out third party tasks in the process of
assessment and verification of constancy of performance and
the monitoring of notified bodies, and of any changes thereto.
The Commission shall make that information publicly available.
Article 43
Requirements for notified bodies
1. For
meet the requirements set out in paragraphs 2 to 11.
the purposes of notification, a notified body shall
2. A
and have legal personality.
notified body shall be established under national law
3.
from the organisation or the construction product it assesses.
A notified body shall be a third-party body independent
A body belonging to a business association or professional
federation representing undertakings involved in the design,
manufacturing, provision, assembly, use or maintenance of
construction products which it assesses, can on condition that
its independence and the absence of any conflict of interest are
demonstrated, be considered to be such a body.
4. A
personnel responsible for carrying out the third party tasks in
notified body, its top-level management and the
the process of assessment and verification of constancy of
performance shall not be the designer, manufacturer, supplier,
A notified body, its top-level management and the personnel
responsible for carrying out the third party tasks in the process
of assessment and verification of constancy of performance
shall not become directly involved in the design, manufacture
or construction, marketing, installation, use or maintenance of
those construction products, nor represent the parties engaged
in those activities. They shall not engage in any activity that
may conflict with their independence of judgement and integrity
related to the activities for which they have been notified. This
shall, in particular, apply to consultancy services.
A notified body shall ensure that activities of its subsidiaries or
subcontractors do not affect the confidentiality, objectivity and
impartiality of its assessment and/or verification activities.
5. A
party tasks in the process of assessment and verification of
notified body and its personnel shall carry out the third
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.
6. A
third party tasks in the process of assessment and verification of
notified body shall be capable of carrying out all the
constancy of performance assigned to it in accordance with
Annex V in relation to which it has been notified, whether
those tasks are carried out by the notified body itself or on
its behalf and under its responsibility.
At all times and for each system of assessment and verification
of constancy of performance and for each kind or category of
construction products, essential characteristics and tasks in
relation to which it has been notified, the notified body shall
have the following at its disposal:
(a) the
sufficient and appropriate experience to perform the third
necessary personnel with technical knowledge and
party tasks in the process of assessment and verification of
constancy of performance;
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4.4.2011 Official Journal of the European Union L 88/25(b) the necessary
the assessment of performance is carried out, ensuring the
description of procedures according to which
transparency and the ability of reproduction of these
procedures; it shall have appropriate policies and procedures
in place that distinguish between the tasks it carries out as a
notified body and other activities;
(c) the
due account of the size of an undertaking, the sector in
necessary procedures to perform its activities which take
which it operates, its structure, the degree of complexity
of the product technology in question and the mass or
serial nature of the production process.
A notified body shall have the means necessary to perform the
technical and administrative tasks connected with the activities
for which it is notified in an appropriate manner and shall have
access to all necessary equipment or facilities.
7. The
relation to which the body has been notified, shall have the
personnel responsible for carrying out the activities in
following:
(a) sound technical and vocational training covering all the
third party tasks in the process of assessment and verification of constancy of performance within the relevant
scope for which the body has been notified;
(b) satisfactory knowledge of the requirements of the
assessments and verifications they carry out and adequate
authority to carry out such operations;
(c) appropriate
harmonised standards and of the relevant provisions of the
knowledge and understanding of the applicable
Regulation;
(d) the ability required
reports to demonstrate that the assessments and the verifito draw up the certificates, records and
cations have been carried out.
8. The
management and assessment personnel shall be guaranteed.
impartiality of the notified body, its top-level
The remuneration of the notified body’s top-level management
and assessment personnel shall not depend on the number of
assessments carried out or on the results of such assessments.
9. A
liability is assumed by the Member State in accordance with
notified body shall take out liability insurance unless
national law, or the Member State itself is directly responsible
for the assessment and/or the verification performed.
10. The
observe professional secrecy with regard to all information
personnel of the notified body shall be bound to
gained in carrying out its tasks under Annex V, except in
relation to the competent administrative authorities of the
Member State in which its activities are carried out. Proprietary
rights shall be protected.
11.
assessment personnel is informed of, the relevant standardA notified body shall participate in, or ensure that its
isation activities and the activities of the notified body coordination group established under this Regulation and shall apply
as general guidance the administrative decisions and documents
produced as a work result of that group.
Article 44
Presumption of conformity
A notified body to be authorised to carry out third party tasks
in the process of assessment and verification of constancy of
performance which demonstrates its conformity with the
criteria laid down in the relevant harmonised standards or
parts thereof, the references of which have been published in
thecomply with the requirements set out in Article 43 in so far as
Official Journal of the European Union, shall be presumed to
the applicable harmonised standards cover those requirements.
Article 45
Subsidiaries and subcontractors of notified bodies
1. Where
connected with the third party tasks in the process of
a notified body subcontracts specific tasks
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 43, and shall inform the notifying authority accordingly.
2. The
tasks performed by subcontractors or subsidiaries wherever
notified body shall take full responsibility for the
these are established.
3. Activities
subsidiary only with the agreement of the client.
may be subcontracted or carried out by a
4. The
notifying authority the relevant documents concerning the
notified body shall keep at the disposal of the
assessment of the qualifications of any subcontractor or the
subsidiary and the tasks carried out by such parties under
Annex V.
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Official Journal of the European Union 4.4.2011Article 46
Use of facilities outside the testing laboratory of the
notified body
1. On request of the manufacturer and where justified by
Article 48
Notification procedure
1. Notifying authorities may notify only bodies which have
satisfied the requirements laid down in Article 43.
technical, economic or logistic reasons, notified bodies may
decide to carry out the tests referred to in Annex V, for the
systems of assessment and verification of constancy of
performance 1+, 1 and 3 or have such tests carried out
under their supervision, either in the manufacturing plants
using the test equipments of the internal laboratory of the
manufacturer or, with the prior consent of the manufacturer,
in an external laboratory, using the test equipments of that
laboratory.
Notified bodies carrying out such tests shall be specifically
designated as competent to work away from their own
accredited test facilities.
2. Before
verify whether the requirements of the test method are
carrying out those tests, the notified body shall
satisfied and shall evaluate whether:
(a) test equipment has an appropriate calibration system and
the traceability of the measurements is guaranteed;
(b) the quality of the test results is ensured.
Article 47
Application for notification
1. A
the process of assessment and verification of constancy of
body to be authorised to carry out third party tasks in
performance shall submit an application for notification to
the notifying authority of the Member State in which it is
established.
2. The
the activities to be performed, the assessment and/or verification
application shall be accompanied by a description of
procedures for which the body claims to be competent, an
accreditation certificate, where one exists, issued by the
national accreditation body within the meaning of Regulation
(EC) No 765/2008, attesting that the body meets the
requirements laid down in Article 43.
3. Where
tation certificate, it shall provide the notifying authority with
the body concerned cannot provide an accrediall documentary evidence necessary for the verification, recognition and regular monitoring of its compliance with the
requirements laid down in Article 43.
2.
States, notably using the electronic notification tool developed
They shall notify the Commission and the other Member
and managed by the Commission.
Exceptionally, for cases set out in point 3 of Annex V, for
which the appropriate electronic tool is not available, a hard
copy of the notification shall be accepted.
3. The
to be performed, reference to the relevant harmonised technical
notification shall include full details of the functions
specification and, for the purposes of the system set out in
Annex V, the essential characteristics for which the body is
competent.
However, reference to the relevant harmonised technical
specification is not required in the cases set out in point 3 of
Annex V.
4. Where
certificate as referred to in Article 47(2), the notifying
a notification is not based on an accreditation
authority shall provide the Commission and the other
Member States with all documentary evidence which attests to
the notified body’s competence and the arrangements in place
to ensure that that body will be monitored regularly and will
continue to satisfy the requirements laid down in Article 43.
5. The
notified body only where no objections are raised by the
body concerned may perform the activities of a
Commission or the other Member States within 2 weeks of
notification where an accreditation certificate is used or within
2 months of notification where an accreditation certificate is
not used.
Only such a body shall be considered as a notified body for the
purpose of this Regulation.
6. The
notified of any subsequent relevant changes to the sion and the other Member States shall be
Article 49
Identification numbers and lists of notified bodies
1. The
each notified body.
Commission shall assign an identification number to
It shall assign a single such number even where the body is
notified under several Union acts.
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4.4.2011 Official Journal of the European Union L 88/272. The Commission shall make publicly available the list of
accordingly and request it to take the necessary corrective
bodies notified under this Regulation, including the identification numbers that have been allocated to them and the
activities for which they have been notified, notably using the
electronic notification tool developed and managed by the
Commission.
The Commission shall ensure that this list is kept up-to-date.
Article 50
Changes to the notification
1. Where
informed that a notified body no longer meets the requirements
a notifying authority has ascertained or has been
laid down in Article 43, 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 to
fulfil those obligations. It shall immediately inform the
Commission and the other Member States accordingly,
notably using the electronic notification tool developed and
managed by the Commission.
2. In
notification or where the notified body has ceased its activity,
the event of withdrawal, restriction or suspension of
the notifying Member State concerned shall take the appropriate
steps to ensure that the files of that body are either processed
by another notified body or kept available for the responsible
notifying and market surveillance authorities at their request.
Article 51
Challenge of the competence of notified bodies
1. The
doubts, or doubt is brought to its attention regarding, the
Commission shall investigate all cases where it
competence of a notified body or the continued fulfilment by
a notified body of the requirements and responsibilities to
which it is subject.
2. The
Commission, on request, with all information related to the
notifying Member State shall provide the
basis for notification or the maintenance of the competence
of the body concerned.
3. The
obtained in the course of its investigations is treated confiCommission shall ensure that all sensitive information
dentially.
4. Where
does not meet, or no longer meets, the requirements for its
the Commission ascertains that a notified body
notification, it shall inform the notifying Member State
measures, including withdrawal of notification, if necessary.
Article 52
Operational obligations for notified bodies
1. Notified
accordance with the systems of assessment and verification of
bodies shall carry out third party tasks in
constancy of performance provided for in Annex V.
2. Assessments
performance shall be carried out with transparency as regards
and verifications of constancy of
the manufacturer, and in a proportionate manner, avoiding an
unnecessary burden for economic operators. The notified bodies
shall perform their activities taking due account of the size of
the undertaking, the sector in which the undertaking operates,
its structure, the degree of complexity of the product technology in question and the mass or serial nature of the
production process.
In so doing, the notified bodies shall nevertheless respect the
degree of rigour required for the product by this Regulation and
the part played by the product for the fulfilment of all basic
requirements for construction works.
3.
facturing plant and of factory production control, a notified
Where, in the course of the initial inspection of the manubody finds that the manufacturer has not ensured the
constancy of performance of the manufactured product, it
shall require the manufacturer to take appropriate corrective
measures and shall not issue a certificate.
4. Where,
the verification of the constancy of performance of the manuin the course of the monitoring activity aiming at
factured product, a notified body finds that a construction
product no longer has the same performance to that of the
product-type, it shall require the manufacturer to take appropriate corrective measures and shall suspend or withdraw its
certificate if necessary.
5.
the required effect, the notified body shall restrict, suspend or
Where corrective measures are not taken or do not have
withdraw any certificates, as appropriate.
Article 53
Information obligations for notified bodies
1. Notified
following:
bodies shall inform the notifying authority of the
(a) any
certificates;refusal, restriction, suspension or withdrawal of
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notification;
circumstances affecting the scope of, and conditions for,
(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
of assessment and verification of constancy of performance
request, third party tasks in accordance with the systems
carried out within the scope of their notification and any
other activity performed, including cross-border activities
and subcontracting.
2.
under this Regulation carrying out similar third party tasks in
Notified bodies shall provide the other bodies notified
accordance with the systems of assessment and verification of
constancy of performance and for construction products
covered by the same harmonised technical specification with
relevant information on issues relating to negative and, on
request, positive results from these assessments and/or verifications.
Article 54
Exchange of experience
The Commission shall provide for the organisation of exchange
of experience between the Member States’ national authorities
responsible for policy on notification.
Article 55
Coordination of notified bodies
The Commission shall ensure that appropriate coordination and
cooperation between bodies notified pursuant to Article 39 are
put into place and properly operated in the form of a group of
notified bodies.
Member States shall ensure that the bodies notified by them
participate in the work of that group, directly or by means of
designated representatives, or shall ensure that the representatives of notified bodies are informed thereof.
CHAPTER VIII
MARKET SURVEILLANCE AND SAFEGUARD PROCEDURES
Article 56
Procedure to deal at national level with construction
products presenting a risk
1. Where
State have taken action pursuant to Article 20 of Regulation
the market surveillance authorities of one Member
(EC) No 765/2008 or where they have sufficient reason to
believe that a construction product covered by a harmonised
standard or for which a European Technical Assessment has
been issued does not achieve the declared performance and
presents a risk for the fulfilment of the basic requirements for
construction works covered by this Regulation, they shall carry
out an evaluation in relation to the product concerned covering
the respective requirements laid down by this Regulation. The
relevant economic operators shall cooperate as necessary with
the market surveillance authorities.
Where, in the course of that evaluation, the market surveillance
authorities find that the construction product does not comply
with the requirements laid down in this Regulation, they shall
without delay require the relevant economic operator to take all
appropriate corrective actions to bring the product into
compliance with those requirements, notably with the
declared performance, or to withdraw the product from the
market, or recall it within a reasonable period, commensurate
with the nature of the risk, as they may prescribe.
The market surveillance authorities shall inform the notified
body accordingly, if a notified body is involved.
Article 21 of Regulation (EC) No 765/2008 shall apply to the
measures referred to in the second subparagraph of this
paragraph.
2. Where
the non-compliance is not limited to their national territory,
the market surveillance authorities consider that
they shall inform the Commission and the other Member
States of the results of the evaluation and of the actions
which they have required the economic operator to take.
3. The
corrective action is taken in respect of all the construction
economic operator shall ensure that all appropriate
products concerned which that economic operator has made
available on the market throughout the Union.
4. Where
referred to in the second subparagraph of paragraph 1, does not
the relevant economic operator, within the period
take adequate corrective action, the market surveillance
authorities shall take all appropriate provisional measures to
prohibit or restrict the making available of the construction
product on the national market or to withdraw the construction
product from that market or to recall it.
The market surveillance authorities shall inform the
Commission and the other Member States, without delay, of
those measures.
EN
4.4.2011 Official Journal of the European Union L 88/295. The information referred to in paragraph 4 shall include
2. If the national measure is considered justified, all Member
all available details, in particular the data necessary for the
identification of the non-compliant construction product, the
origin of the construction product, the nature of the non-
compliance alleged and the risk involved, the nature and
duration of national measures taken as well as the arguments
put forward by the relevant economic operator. In particular,
the market surveillance authorities shall indicate whether the
non-compliance is due to either of the following:
(a) failure
and/or to meet the requirements related to the fulfilment of
of the product to achieve the declared performance
basic requirements for construction works laid down in this
Regulation;
(b) shortcomings in the harmonised technical specifications or
in the Specific Technical Documentation.
6.
procedure shall without delay inform the Commission and the
Member States other than the Member State initiating the
other Member States of any measures adopted and of any additional information at their disposal relating to the non-
compliance of the construction product concerned, and, in
the event of disagreement with the notified national measure,
of their objections.
7.
information referred to in paragraph 4, no objection has been
Where, within 15 working days of receipt of the
raised by either a Member State or the Commission in respect
of a provisional measure taken by a Member State in relation to
the construction product concerned, that measure shall be
deemed justified.
8. Member
measures are taken without delay in respect of the construction
States shall ensure that appropriate restrictive
product concerned, such as withdrawal of the product from
their market.
Article 57
Union safeguard procedure
1. Where,
Article 56(3) and (4), objections are raised against a measure
on completion of the procedure set out in
taken by a Member State or where the Commission considers a
national measure to be contrary to Union legislation, the
Commission shall without delay enter into consultation with
the Member States and the relevant economic operator(s) and
shall evaluate the national measure. On the basis of the results
of that evaluation, the Commission shall decide whether the
measure is justified or not.
The Commission shall address its decision to all Member States
and shall immediately communicate it to them and to the
relevant economic operator(s).
States shall take the necessary measures to ensure that the non-
compliant construction product is withdrawn from their
markets and shall inform the Commission accordingly. If the
national measure is considered unjustified, the Member State
concerned shall withdraw the measure.
3.
and the non-compliance of the construction product is
Where the national measure is considered to be justified
attributed to shortcomings in the harmonised standards as
referred to in Article 56(5)(b), the Commission shall inform
the relevant European standardisation body or bodies and
shall bring the matter before the Committee set up pursuant
to Article 5 of Directive 98/34/EC. That Committee shall
consult with the relevant European standardisation body or
bodies and deliver its opinion without delay.
Where the national measure is considered to be justified and the
non-compliance of the construction product is attributed to
shortcomings in the European Assessment Document or in
the Specific Technical Documentation as referred to in
Article 56(5)(b), the Commission shall bring the matter before
the Standing Committee on Construction and subsequently
adopt the appropriate measures.
Article 58
Complying construction products which nevertheless
present a risk to health and safety
1. Where,
Article 56(1), a Member State finds that, although a
having performed an evaluation pursuant to
construction product is in compliance with this Regulation, it
presents a risk for the fulfilment of the basic requirements for
construction works, to the health or safety of persons or to
other aspects of public interest protection, it shall require the
relevant economic operator to take all appropriate measures to
ensure that the construction product concerned, when placed
on the market, no longer presents that risk, to withdraw the
construction product from the market or to recall it within a
reasonable period, commensurate with the nature of the risk,
which it may prescribe.
2. The
action is taken in respect of all the construction products
economic operator shall ensure that any corrective
concerned which that economic operator has made available
on the market throughout the Union.
3. The
Commission and the other Member States. That information
Member State shall immediately inform the
shall include all available details, in particular the data
necessary for the identification of the construction product
concerned, the origin and the supply chain of the product,
the nature of the risk involved and the nature and duration
of the national measures taken.
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Official Journal of the European Union 4.4.20114. The Commission shall without delay enter into consultation with the Member States and the relevant economic
operator(s) and shall evaluate the national measures taken. On
the basis of the results of that evaluation, the Commission shall
decide whether the measure is justified or not and, where
necessary, propose appropriate measures.
(a) the determination, where appropriate, of the essential characteristics or threshold levels within specific families of
construction products, in relation to which, in accordance
with Articles 3 to 6, the manufacturer shall declare, in
relation to their intended use, by levels or classes, or in a
description, the performance of the manufacturer’s product
when it is placed on the market;
5. The Commission shall address its decision to all Member
States and shall immediately communicate it to them and to the
relevant economic operator(s).
Article 59
Formal non-compliance
1. Without
makes one of the following findings, it shall require the relevant
prejudice to Article 56, where a Member State
economic operator to put an end to the non-compliance
concerned:
(a) the CE marking has been affixed in breach of Article 8 or 9;
(b) the CE marking has not been affixed, when required, in
accordance with Article 8(2);
(c) without
performance has not been drawn up, when required, in
prejudice to Article 5, the declaration of
accordance with Article 4;
(d) the declaration of performance has not been drawn up in
accordance with Articles 4, 6 and 7;
(e) the
complete.
technical documentation is either not available or not
2. Where
continues, the Member State shall take all appropriate
the non-compliance referred to in paragraph 1
measures to restrict or prohibit the making available on the
market of the construction product or ensure that it is
recalled or withdrawn from the market.
CHAPTER IX
FINAL PROVISIONS
Article 60
Delegated acts
For the purposes of achieving the objectives of this Regulation,
in particular removing and avoiding restrictions on making
construction products available on the market, the following
matters shall be delegated to the Commission in accordance
with Article 61, and subject to the conditions laid down in
Articles 62 and 63:
(b) the
be electronically processed, in order to make it available on
conditions on which a declaration of performance may
a web site in accordance with Article 7;
(c) the amendment of the period for which the manufacturer
shall keep the technical documentation and the declaration
of performance after the construction product has been
placed on the market, in accordance with Article 11,
based on the expected life or the part played by the
construction product in the construction works;
(d) the
adoption of supplementary procedural rules in accordance
amendment of Annex II and where necessary the
with Article 19(3) in order to ensure compliance with the
principles in Article 20, or the application in practice of the
procedures set out in Article 21;
(e) the adaptation of Annex III, table 1 of Annex IV, and Annex
V in response to technical progress;
(f) the
in response to technical progress in accordance with
establishment and adaptation of classes of performance
Article 27(1);
(g) the conditions on which a construction product shall be
deemed to satisfy a certain level or class of performance
without testing or without further testing in accordance
with Article 27(5), provided that the fulfilment of the
basic requirements for construction works is not thereby
jeopardised;
(h) the
assessment and verification of constancy of performance in
adaptation, establishment and revision of the systems of
accordance with Article 28, relating to a given product, a
given product family or a given essential characteristic, and
in accordance with:
(i) the importance of the part played by the product or
those essential characteristics with respect to the basic
requirements for construction works;
(ii) the nature of the product;
EN
4.4.2011 Official Journal of the European Union L 88/31(iii) the effect of the variability of the essential characteristics of the construction product during the
expected life of the product; and
(iv) the susceptibility to defects in the product’s manufacture.
Article 61
Exercise of the delegation
1.
Article 60 shall be conferred on the Commission for a period
The power to adopt delegated acts referred to in
of 5 years from 24 April 2011. The Commission shall draw up
a report in respect of the delegated power at the latest 6
months before the end of the 5-year period. The delegation
of power shall be automatically extended for periods of an
identical duration, unless the European Parliament or the
Council revokes it in accordance with Article 62.
2. As
notify it simultaneously to the European Parliament and to the
soon as it adopts a delegated act, the Commission shall
Council.
3. The
Commission subject to the conditions laid down in Articles
power to adopt delegated acts is conferred on the
62 and 63.
Article 62
Revocation of the delegation
1. The
revoked at any time by the European Parliament or by the
delegation of power referred to in Article 60 may be
Council.
2. The
procedure for deciding whether to revoke the delegation of
institution which has commenced an internal
power shall endeavour to inform the other institution and the
Commission within a reasonable time before the final decision
is taken, indicating the delegated power which could be subject
to revocation and possible reasons for a revocation.
3. The
gation of the power specified in that decision. It shall take effect
decision of revocation shall put an end to the deleimmediately or at a later date specified therein. It shall not affect
the validity of the delegated acts already in force. It shall be
published in the Official Journal of the European Union.
Article 63
Objections to delegated acts
1. The
delegated act within a period of 3 months from the date of
European Parliament or the Council may object to a
notification.
At the initiative of the European Parliament or the Council, that
period shall be extended by 3 months.
2. If,
neither the European Parliament nor the Council has objected
on expiry of the period referred to in paragraph 1,
to the delegated act, it shall be published in thethe European Union Official Journal of
therein.
and shall enter into force on the date stated
The delegated act may be published in theEuropean Union Official Journal of the
period if the European Parliament and the Council have both
and enter into force before the expiry of that
informed the Commission of their intention not to raise
objections.
3.
a delegated act within the period referred to in paragraph 1, it
If either the European Parliament or the Council objects to
shall not enter into force. The institution which objects shall
state the reasons for objecting to the delegated act.
Article 64
Committee
1. The
Committee on Construction.
Commission shall be assisted by a Standing
2. Where
7 of Decision 1999/468/EC shall apply.
reference is made to this paragraph, Articles 3 and
3.
Standing Committee on Construction are able to carry out
Member States shall ensure that the members of the
their functions in a manner that avoids conflicts of interest,
particularly in respect of the procedures for obtaining the CE
marking.
Article 65
Repeal
1. Directive 89/106/EEC is repealed.
2. References
references to this the repealed
Directive shall be construed as
Article 66
Transitional provisions
1. Construction
market in accordance with Directive 89/106/EEC before
products which have been placed on the
1 July 2013 shall be deemed to comply with this Regulation.
2. Manufacturers
on the basis of a certificate of conformity or a declaration of
may draw up a declaration of performance
conformity, which has been issued before 1 July 2013 in
accordance with Directive 89/106/EEC.
L 88/32
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Official Journal of the European Union 4.4.20113. Guidelines for European technical approval published
before 1 July 2013 in accordance with Article 11 of Directive
89/106/EEC may be used as European Assessment Documents.
4. Manufacturers and importers may use European technical
approvals issued in accordance with Article 9 of Directive
89/106/EEC before 1 July 2013 as European Technical
Assessments throughout the period of validity of those
approvals.
Article 67
Reporting by the Commission
1. By 25 April 2014, the Commission shall assess the
specific need for information on the content of hazardous
substances in construction products and consider the possible
extension of the information obligation provided for in
Article 6(5) to other substances, and shall report thereon to
the European Parliament and to the Council. In its assessment,
the Commission shall take into account, inter alia, the need to
ensure a high level of protection of the health and safety of
workers using construction products and of users of
construction works, including with regard to recycling and/or
reuse requirements of parts or materials.
If appropriate, the report shall, within 2 years of its submission
to the European Parliament and to the Council, be followed up
by appropriate legislative proposals.
2. By 25 April 2016, the Commission shall submit to the
European Parliament and to the Council a report on the implementation of this Regulation, including on Articles 19, 20, 21,
23, 24 and 37 on the basis of reports provided by Member
States, as well as by other relevant stakeholders, accompanied,
where relevant, by appropriate proposals.
Article 68
Entry into force
This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.
However, Articles 3 to 28, Articles 36 to 38, Articles 56 to 63,
Articles 65 and 66, as well as Annexes I, II, III and V shall apply
from 1 July 2013.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 9 March 2011.
For the European Parliament
The President
J. BUZEK
For the Council
The President
GYŐRI E.
EN
4.4.2011 Official Journal of the European Union L 88/33ANNEX I
BASIC REQUIREMENTS FOR CONSTRUCTION WORKS
Construction works as a whole and in their separate parts must be fit for their intended use, taking into account in
particular the health and safety of persons involved throughout the life cycle of the works. Subject to normal maintenance, construction works must satisfy these basic requirements for construction works for an economically reasonable
working life.
1. Mechanical resistance and stability
The construction works must be designed and built in such a way that the loadings that are liable to act on them
during their constructions and use will not lead to any of the following:
(a) collapse of the whole or part of the work;
(b) major deformations to an inadmissible degree;
(c) damage to other parts of the construction works or to fittings or installed equipment as a result of major
deformation of the load-bearing construction;
(d) damage by an event to an extent disproportionate to the original cause.
2. Safety in case of fire
The construction works must be designed and built in such a way that in the event of an outbreak of fire:
(a) the load-bearing capacity of the construction can be assumed for a specific period of time;
(b) the generation and spread of fire and smoke within the construction works are limited;
(c) the spread of fire to neighbouring construction works is limited;
(d) occupants can leave the construction works or be rescued by other means;
(e) the safety of rescue teams is taken into consideration.
3. Hygiene, health and the environment
The construction works must be designed and built in such a way that they will, throughout their life cycle, not be a
threat to the hygiene or health and safety of workers, occupants or neighbours, nor have an exceedingly high impact,
over their entire life cycle, on the environmental quality or on the climate during their construction, use and
demolition, in particular as a result of any of the following:
(a) the giving-off of toxic gas;
(b) the emissions of dangerous substances, volatile organic compounds (VOC), greenhouse gases or dangerous
particles into indoor or outdoor air;
(c) the emission of dangerous radiation;
(d) the release of dangerous substances into ground water, marine waters, surface waters or soil;
(e) the release of dangerous substances into drinking water or substances which have an otherwise negative impact on
drinking water;
(f) faulty discharge of waste water, emission of flue gases or faulty disposal of solid or liquid waste;
(g) dampness in parts of the construction works or on surfaces within the construction works.
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Official Journal of the European Union 4.4.20114. Safety and accessibility in use
The construction works must be designed and built in such a way that they do not present unacceptable risks of
accidents or damage in service or in operation such as slipping, falling, collision, burns, electrocution, injury from
explosion and burglaries. In particular, construction works must be designed and built taking into consideration
accessibility and use for disabled persons.
5. Protection against noise
The construction works must be designed and built in such a way that noise perceived by the occupants or people
nearby is kept to a level that will not threaten their health and will allow them to sleep, rest and work in satisfactory
conditions.
6. Energy economy and heat retention
The construction works and their heating, cooling, lighting and ventilation installations must be designed and built in
such a way that the amount of energy they require in use shall be low, when account is taken of the occupants and of
the climatic conditions of the location. Construction works must also be energy-efficient, using as little energy as
possible during their construction and dismantling.
7. Sustainable use of natural resources
The construction works must be designed, built and demolished in such a way that the use of natural resources is
sustainable and in particular ensure the following:
(a) reuse or recyclability of the construction works, their materials and parts after demolition;
(b) durability of the construction works;
(c) use of environmentally compatible raw and secondary materials in the construction works.
EN
4.4.2011 Official Journal of the European Union L 88/35ANNEX II
PROCEDURE FOR ADOPTING A EUROPEAN ASSESSMENT DOCUMENT
1. Request for a European Technical Assessment
When a manufacturer makes a request for a European Technical Assessment to any TAB for a construction product,
and after the manufacturer and the TAB (hereinafter referred to as the ‘responsible TAB’) have signed an agreement of
commercial secrecy and confidentiality, unless the manufacturer decides otherwise, the manufacturer shall submit to
the responsible TAB a technical file describing the product, its use as foreseen by the manufacturer and details of the
factory production control the manufacturer intends to apply.
2. Contract
For construction products referred to in Article 21(1)(c), within 1 month from the reception of the technical file, a
contract shall be concluded between the manufacturer and the responsible TAB for the production of the European
Technical Assessment, defining the work programme for drawing up the European Assessment Document, including:
— the organisation of work within the organisation of TABs,
— the composition of the workgroup to be established within the organisation of TABs, designated for the product
area in question,
— the coordination of TABs.
3. Work programme
After the conclusion of the contract with the manufacturer, the organisation of TABs shall inform the Commission of
the work programme for drawing up the European Assessment Document, the schedule for its execution and
indicating the assessment programme. This communication shall take place within 3 months of receipt of the
request for a European Technical Assessment.
4. The draft European Assessment Document
The organisation of TABs shall finalise a draft European Assessment Document by means of the working group
coordinated by the responsible TAB and shall communicate such draft to the parties concerned within 6 months of
the date the Commission was informed of the work programme.
5. Commission Participation
A Commission representative may participate, as observer, to all the parts of the execution of the work programme.
6. Extension and delay
Any delay in relation to the time limits set in Sections 1 to 4 in this Annex shall be reported by the working group to
the organisation of TABs and to the Commission.
If an extension of the time limits for developing the European Assessment Document can be justified, notably by the
absence of a Commission decision on the applicable system of assessment and verification of constancy of
performance for the construction product or by the need to develop a new test method, an extended time limit
shall be set by the Commission.
7. Amendments and adoption of a European Assessment Document
The responsible TAB shall communicate the draft European Assessment Document to the manufacturer, who shall
have 15 working days to react thereto. Thereafter, the organisation of TABs shall:
(a) if applicable, inform the manufacturer as to how his reactions have been taken into account;
(b) adopt the draft European Assessment Document; and
(c) send a copy to the Commission.
L 88/36
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Official Journal of the European Union 4.4.2011If, within 15 working days of receipt, the Commission communicates to the organisation of TABs its observations on
the draft European Assessment Document, the organisation of TABs, after having been given the opportunity to
comment, shall amend the draft accordingly and shall send a copy of the adopted European Assessment Document to
the manufacturer and to the Commission.
8. Final European Assessment Document to be published
As soon as the first European Technical Assessment is issued by the responsible TAB on the basis of the adopted
European Assessment Document, that European Assessment Document shall be adjusted, if appropriate, based on
experiences gained. The organisation of TABs shall adopt the final European Assessment Document and shall send a
copy thereof to the Commission, together with a translation of its title in all the official languages of the Union, for
publication of its reference. The organisation of TABs shall keep the European Assessment Document available by
electronic means as soon as the product has been CE-marked.
EN
4.4.2011 Official Journal of the European Union L 88/37ANNEX III
DECLARATION OF PERFORMANCE
No. .................................
1. Unique identification code of the product-type: ................................................................................................................................
2. Type, batch or serial number or any other element allowing identification of the construction product as required
pursuant to Article 11(4):
.............................................................................................................................................................................................................................
3. Intended use or uses of the construction product, in accordance with the applicable harmonised technical specification, as foreseen by the manufacturer:
.............................................................................................................................................................................................................................
.............................................................................................................................................................................................................................
4. Name, registered trade name or registered trade mark and contact address of the manufacturer as required pursuant
to Article 11(5):
.............................................................................................................................................................................................................................
.............................................................................................................................................................................................................................
5. Where applicable, name and contact address of the authorised representative whose mandate covers the tasks
specified in Article 12(2):
.............................................................................................................................................................................................................................
.............................................................................................................................................................................................................................
6. System or systems of assessment and verification of constancy of performance of the construction product as set out
in Annex V:
.............................................................................................................................................................................................................................
.............................................................................................................................................................................................................................
7. In case of the declaration of performance concerning a construction product covered by a harmonised standard:
.............................................................................................................................................................................................................................
(name and identification number of the notified body, if relevant)
performed ..................................................................................... under system .....................................................................................
(description of the third party tasks as set out in Annex V)
and issued .......................................................................................................................................................................................................
(certificate of constancy of performance, certificate of conformity of the factory production control, test/calculation
reports – as relevant)
8. In case of the declaration of performance concerning a construction product for which a European Technical
Assessment has been issued:
.............................................................................................................................................................................................................................
(name and identification number of the Technical Assessment Body, if relevant)
issued ................................................................................................................................................................................................................
(reference number of the European Technical Assessment)
on the basis of .............................................................................................................................................................................................,
(reference number of the European Assessment Document)
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Official Journal of the European Union 4.4.2011performed ..................................................................................... under system .....................................................................................
(description of the third party tasks as set out in Annex V)
and issued .......................................................................................................................................................................................................
(certificate of constancy of performance, certificate of conformity of the factory production control, test/calculation
reports – as relevant)
9. Declared performance
Notes to the table.
1. Column 1 shall contain the list of essential characteristics as determined in the harmonised technical specifications
for the intended use or uses indicated in point 3 above.
2. For each essential characteristic listed in column 1 and in compliance with the requirements of Article 6, column
2 shall contain the declared performance, expressed by level or class, or in a description, related to the corresponding essential characteristics. The letters ‘NPD’ (No Performance Determined) shall be indicated where no
performance is declared.
3. For each essential characteristic listed in column 1, column 3 shall contain:
(a) dated reference of the corresponding harmonised standard and, where relevant, the reference number of the
Specific or Appropriate Technical Documentation used;
or
(b) dated reference of the corresponding European Assessment Document where available and reference number
of the European Technical Assessment used.
Essential characteristics
(see Note 1)
Performance
(see Note 2)
Harmonised technical specification
(see Note 3)
Where pursuant to Article 37 or 38 the Specific Technical Documentation has been used, the requirements with
which the product complies:
.............................................................................................................................................................................................................................
.............................................................................................................................................................................................................................
10. The performance of the product identified in points 1 and 2 is in conformity with the declared performance in
point 9.
This declaration of performance is issued under the sole responsibility of the manufacturer identified in point 4.
Signed for and on behalf of the manufacturer by:
.............................................................................................................................................................................................................................
(name and function)
..................................................................................................... .....................................................................................................
(place and date of issue) (signature)
EN
4.4.2011 Official Journal of the European Union L 88/39ANNEX IV
PRODUCT AREAS AND REQUIREMENTS FOR TABS
Table 1 — Product areas
AREA
CODE
PRODUCT AREA
1 PRECAST
NORMAL/LIGHTWEIGHT/AUTOCLAVED AERATED CONCRETE PRODUCTS.
2 DOORS, WINDOWS, SHUTTERS, GATES AND RELATED BUILDING HARDWARE.
3
MEMBRANES, INCLUDING LIQUID APPLIED AND KITS (FOR WATER AND/OR WATER VAPOUR
CONTROL).
4 THERMAL
INSULATION PRODUCTS.
COMPOSITE INSULATING KITS/SYSTEMS.
5 STRUCTURAL BEARINGS.
PINS FOR STRUCTURAL JOINTS.
6 CHIMNEYS, FLUES AND SPECIFIC PRODUCTS.
7 GYPSUM PRODUCTS.
8 GEOTEXTILES, GEOMEMBRANES, AND RELATED PRODUCTS.
9 CURTAIN
WALLING/CLADDING/STRUCTURAL SEALANT GLAZING.
10 FIXED
FIRE FIGHTING EQUIPMENT (FIRE ALARM/DETECTION, FIXED FIREFIGHTING, FIRE AND SMOKE
CONTROL AND EXPLOSION SUPPRESSION PRODUCT).
11 SANITARY APPLIANCES.
12 CIRCULATION FIXTURES: ROAD EQUIPMENT.
13 STRUCTURAL TIMBER PRODUCTS/ELEMENTS AND ANCILLARIES.
14 WOOD
BASED PANELS AND ELEMENTS.
15 CEMENT, BUILDING LIMES AND OTHER HYDRAULIC BINDERS.
16 REINFORCING
AND PRESTRESSING STEEL FOR CONCRETE (AND ANCILLARIES).
POST TENSIONING KITS.
17 MASONRY AND RELATED PRODUCTS.
MASONRY UNITS, MORTARS, AND ANCILLARIES.
18 WASTE WATER ENGINEERING PRODUCTS.
19 FLOORINGS.
20 STRUCTURAL METALLIC PRODUCTS AND ANCILLARIES.
21
22
INTERNAL & EXTERNAL WALL AND CEILING FINISHES. INTERNAL PARTITION KITS.
ROOF COVERINGS, ROOF LIGHTS, ROOF WINDOWS, AND ANCILLARY PRODUCTS.
ROOF KITS.
23 ROAD CONSTRUCTION PRODUCTS.
24 AGGREGATES.
25 CONSTRUCTION ADHESIVES.
L 88/40
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Official Journal of the European Union 4.4.2011AREA
CODE
PRODUCT AREA
RELATED TO CONCRETE, MORTAR AND GROUT.
26 PRODUCTS
27 SPACE HEATING APPLIANCES.
28 PIPES-TANKS
AND ANCILLARIES NOT IN CONTACT WITH WATER INTENDED FOR HUMAN
CONSUMPTION.
29
30
CONSTRUCTION PRODUCTS IN CONTACT WITH WATER INTENDED FOR HUMAN CONSUMPTION.
FLAT GLASS, PROFILED GLASS AND GLASS BLOCK PRODUCTS.
31 POWER, CONTROL AND COMMUNICATION CABLES.
32 SEALANTS
FOR JOINTS.
33 FIXINGS.
34 BUILDING KITS, UNITS, AND PREFABRICATED ELEMENTS.
35 FIRE STOPPING, FIRE SEALING AND FIRE PROTECTIVE PRODUCTS.
FIRE RETARDANT PRODUCTS.
Table 2 — Requirements for TABs
Competence Description of competence Requirement
the possible risks and benefits for the 1. Analysing risks Identify A TAB shall be established under national law
use of innovative construction products in the and have legal personality. It shall be indeabsence of established/consolidated technical
pendent from the stakeholders and from any
information regarding their performance
particular interests.
when installed in construction works.
In addition, a TAB shall have staff with:
2. Setting technical
Transform the outcome of the risk analysis
(a) objectivity and sound technical judgement;
criteria
into technical criteria for evaluating
(b) detailed knowledge of the regulatory
behaviour and performance of the
provisions and other requirements in force
construction products regarding the fulfilment
in the Member States where it is designated,
of applicable national requirements;
concerning product areas for which it is to
provide the technical information needed by
be designated;
those participating in the building process as
potential users of the construction products
(c) general understanding of construction
(manufacturers, designers, contractors,
practice and detailed technical knowledge,
concerning product areas for which it is
installers).
to be designated;
3. Setting assessment Design and validate appropriate methods (tests
or calculations) to assess performance for
(d) detailed knowledge of specific risks
methods
essential characteristics of construction
involved and the technical aspects of the
construction process;
products, taking into account the current
state of the article.(e) detailed knowledge of the existing
harmonised standards and test methods
within the product areas for which it is to
be designated;
(f) appropriate linguistic skills.
The remuneration of the TAB personnel shall
not depend on the number of the assessments
carried out or on the results of such
assessments.
EN
4.4.2011 Official Journal of the European Union L 88/41Competence Description of competence Requirement
4. Determining the
specific factory
production
control
5. Assessing the
product
Understand and evaluate the manufacturing A TAB shall have staff with appropriate
process of the specific product in order to knowledge of the relationship between the
identify appropriate measures ensuring manufacturing processes and product charproduct constancy through the given manuacteristics related to factory production control.
facturing process.
Assess the performance for essential charIn addition to the requirements listed in points
acteristics of construction products on the 1, 2 and 3, a TAB shall have access to the
necessary means and equipment for the
basis of harmonised methods against
assessment of the performance for essential harmonised criteria.
characteristics of construction products within
the product areas for which it is to be
designated.
Ensure consistency, reliability, objectivity and
A TAB shall have:
traceability through the constant application
(a) a proven record of respect of good adminof appropriate management methods.
istrative behaviour;
(b) a policy and the supporting procedures to
ensure confidentiality of sensitive
information within the TAB and all its
partners;
(c) a document control system to ensure registration, traceability, maintenance and
archiving of all relevant documents;
(d) a mechanism for internal audit and
management review to ensure the regular
monitoring of the compliance with appropriate management methods;
(e) a procedure to deal objectively with appeals
and complaints.6. General
management
L 88/42
EN
Official Journal of the European Union 4.4.2011ANNEX V
ASSESSMENT AND VERIFICATION OF CONSTANCY OF PERFORMANCE
1. SYSTEMS OF ASSESSMENT AND VERIFICATION OF CONSTANCY OF PERFORMANCE
1.1. System 1+ – Declaration of the performance of the essential characteristics of the construction product by the
manufacturer on the basis of the following items:
(a) the manufacturer shall carry out:
(i) factory production control;
(ii) further testing of samples taken at the factory in accordance with the prescribed test plan;
(b) the notified product certification body shall issue the certificate of constancy of performance of the product on
the basis of:
(i) determination of the product-type on the basis of type testing (including sampling), type calculation,
tabulated values or descriptive documentation of the product;
(ii) initial inspection of the manufacturing plant and of factory production control;
(iii) continuous surveillance, assessment and evaluation of factory production control;
(iv) audit-testing of samples taken before placing the product on the market.
1.2. System 1 – Declaration of the performance of the essential characteristics of the construction product by the
manufacturer on the basis of the following items:
(a) the manufacturer shall carry out:
(i) factory production control;
(ii) further testing of samples taken at the factory by the manufacturer in accordance with the prescribed test
plan;
(b) the notified product certification body shall issue the certificate of constancy of performance of the product on
the basis of:
(i) determination of the product type on the basis of type testing (including sampling), type calculation,
tabulated values or descriptive documentation of the product;
(ii) initial inspection of the manufacturing plant and of factory production control;
(iii) continuous surveillance, assessment and evaluation of factory production control.
1.3. System 2+ – Declaration of the performance of the essential characteristics of the construction product by the
manufacturer on the basis of the following items:
(a) the manufacturer shall carry out:
(i) determination of the product-type on the basis of type testing (including sampling), type calculation,
tabulated values or descriptive documentation of the product;
(ii) factory production control;
(iii) testing of samples taken at the factory in accordance with the prescribed test plan;
EN
4.4.2011 Official Journal of the European Union L 88/43(b) the notified production control certification body shall issue the certificate of conformity of the factory
production control on the basis of:
(i) initial inspection of the manufacturing plant and of factory production control;
(ii) continuous surveillance, assessment and evaluation of factory production control.
1.4. System 3 – Declaration of the performance of the essential characteristics of the construction product by the
manufacturer on the basis of the following items:
(a) the manufacturer shall carry out factory production control;
(b) the notified testing laboratory shall carry out determination of the product-type on the basis of type testing
(based on sampling carried out by the manufacturer), type calculation, tabulated values or descriptive documentation of the product.
1.5. System 4 – Declaration of the performance of the essential characteristics of the construction product by the
manufacturer on the basis of the following items:
(a) the manufacturer shall carry out:
(i) determination of the product-type on the basis of type testing, type calculation, tabulated values or
descriptive documentation of the product;
(ii) factory production control;
(b) no tasks for the notified body.
2. BODIES INVOLVED IN THE ASSESSMENT AND VERIFICATION OF CONSTANCY OF PERFORMANCE
With respect to the function of notified bodies involved in the assessment and verification of constancy of
performance for construction products, distinction shall be made between:
(1) product certification body: a governmental or non-governmental notified body, possessing the necessary
competence and responsibility to carry out a product certification in accordance with given rules of
procedure and management;
(2) factory production control certification body: a notified body, governmental or non-governmental, possessing
the necessary competence and responsibility to carry out factory production control certification in accordance
to given rules of procedure and management;
(3) testing laboratory: a notified laboratory which measures, examines, tests, calibrates or otherwise determines the
characteristics or performance of materials or construction products.
3. CASES OF ESSENTIAL CHARACTERISTICS WHERE REFERENCE TO A RELEVANT HARMONISED TECHNICAL
SPECIFICATION IS NOT REQUIRED
1. Reaction to fire.
2. Resistance to fire.
3. External fire performance.
4. Noise absorption.
5. Emissions of dangerous substances.
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