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
Modified by
  • Commission Delegated Regulation (EU) No 568/2014of 18 February 2014amending Annex V to Regulation (EU) No 305/2011 of the European Parliament and of the Council as regards the assessment and verification of constancy of performance of construction products, 32014R0568, May 27, 2014
  • Commission Delegated Regulation (EU) No 574/2014of 21 February 2014amending Annex III to Regulation (EU) No 305/2011 of the European Parliament and of the Council on the model to be used for drawing up a declaration of performance on construction products, 32014R0574, May 28, 2014
  • Regulation (EU) 2019/1020 of the European Parliament and of the Councilof 20 June 2019on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011(Text with EEA relevance), 32019R1020, June 25, 2019
Regulation (EU) No 305/2011 of the European Parliament and of the Councilof 9 March 2011laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC(Text with EEA relevance) CHAPTER IGENERAL PROVISIONS
Article 1Subject matterThis 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 2DefinitionsFor the purposes of this Regulation the following definitions shall apply:1."construction product" means any product or kit which is produced and placed on the market for incorporation in a permanent manner in construction works or parts thereof and the performance of which has an effect on the performance of the construction works with respect to the basic requirements for construction works;2."kit" means a construction product placed on the market by a single manufacturer as a set of at least two separate components that need to be put together to be incorporated in the construction works;3."construction works" means buildings and civil engineering works;4."essential characteristics" means those characteristics of the construction product which relate to the basic requirements for construction works;5."performance of a construction product" means the performance related to the relevant essential characteristics, expressed by level or class, or in a description;6."level" means the result of the assessment of the performance of a construction product in relation to its essential characteristics, expressed as a numerical value;7."class" means a range of levels, delimited by a minimum and a maximum value, of performance of a construction product;8."threshold level" means a minimum or maximum performance level of an essential characteristic of a construction product;9."product-type" means the set of representative performance levels or classes of a construction product, in relation to its essential characteristics, produced using a given combination of raw materials or other elements in a specific production process;10."harmonised technical specifications" means harmonised standards and European Assessment Documents;11."harmonised standard" means a standard adopted by one of the European standardisation bodies listed in Annex I to Directive 98/34/EC, on the basis of a request issued by the Commission, in accordance with Article 6 of that Directive;12."European Assessment Document" means a document adopted by the organisation of TABs for the purposes of issuing European Technical Assessments;13."European Technical Assessment" means the documented assessment of the performance of a construction product, in relation to its essential characteristics, in accordance with the respective European Assessment Document;14."intended use" means the intended use of the construction product as defined in the applicable harmonised technical specification;15."Specific Technical Documentation" means documentation demonstrating that methods within the applicable system for assessment and verification of constancy of performance have been replaced by other methods, provided that the results obtained by those other methods are equivalent to the results obtained by the test methods of the corresponding harmonised standard;16."making available on the market" means any supply of a construction product for distribution or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;17."placing on the market" means the first making available of a construction product on the Union market;18."economic operator" means the manufacturer, importer, distributor or authorised representative;19."manufacturer" means any natural or legal person who manufactures a construction product or who has such a product designed or manufactured, and markets that product under his name or trademark;20."distributor" means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a construction product available on the market;21."importer" means any natural or legal person established within the Union, who places a construction product from a third country on the Union market;22."authorised representative" means any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on his behalf in relation to specified tasks;23."withdrawal" means any measure aimed at preventing a construction product in the supply chain from being made available on the market;24."recall" means any measure aimed at achieving the return of a construction product that has already been made available to the end-user;25."accreditation" has the meaning assigned to it by Regulation (EC) No 765/2008;26."factory production control" means the documented, permanent and internal control of production in a factory, in accordance with the relevant harmonised technical specifications;27."micro-enterprise" means a micro-enterprise as defined in the Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprisesOJ L 124, 20.5.2003, p. 36.;28."life cycle" means the consecutive and interlinked stages of a construction product’s life, from raw material acquisition or generation from natural resources to final disposal.
Article 3Basic requirements for construction works and essential characteristics of construction products1.The basic requirements for construction works set out in Annex I shall constitute the basis for the preparation of standardisation mandates and harmonised technical specifications.2.The essential characteristics of construction products shall be laid down in harmonised technical specifications in relation to the basic requirements for construction works.3.For specific families of construction products covered by a harmonised standard, the Commission shall, where appropriate and in relation to their intended uses as defined in harmonised standards, determine by means of delegated acts in accordance with Article 60, those essential characteristics for which the manufacturer shall declare the performance of the product when it is placed on the market.Where appropriate, the Commission shall also determine, by means of delegated acts in accordance with Article 60, the threshold levels for the performance in relation to the essential characteristics to be declared.
CHAPTER IIDECLARATION OF PERFORMANCE AND CE MARKING
Article 4Declaration of performance1.When a construction product is covered by a harmonised standard or conforms to a European Technical Assessment which has been issued for it, the manufacturer shall draw up a declaration of performance when such a product is placed on the market.2.When a construction product is covered by a harmonised standard or conforms to a European Technical Assessment which has been issued for it, information in any form about its performance in relation to the essential characteristics, as defined in the applicable harmonised technical specification, may be provided only if included and specified in the declaration of performance except where, in accordance with Article 5, no declaration of performance has been drawn up.3.By drawing up the declaration of performance, the manufacturer shall assume responsibility for the conformity of the construction product with such declared performance. In the absence of objective indications to the contrary, Member States shall presume the declaration of performance drawn up by the manufacturer to be accurate and reliable.
Article 5Derogations from drawing up a declaration of performanceBy 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 6Content of the declaration of performance1.The declaration of performance shall express the performance of construction products in relation to the essential characteristics of those products in accordance with the relevant harmonised technical specifications.2.The declaration of performance shall contain, in particular, the following information:(a)the reference of the product-type for which the declaration of performance has been drawn up;(b)the system or systems of assessment and verification of constancy of performance of the construction product, as set out in Annex V;(c)the reference number and date of issue of the harmonised standard or the European Technical Assessment which has been used for the assessment of each essential characteristic;(d)where applicable, the reference number of the Specific Technical Documentation used and the requirements with which the manufacturer claims the product complies.3.The declaration of performance shall in addition contain:(a)the intended use or uses for the construction product, in accordance with the applicable harmonised technical specification;(b)the list of essential characteristics, as determined in the harmonised technical specification for the declared intended use or uses;(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 a European Technical Assessment has been issued for that product, the performance, by levels or classes, or in a description, of the construction product in relation to all essential characteristics contained in the corresponding European Technical Assessment.4.The declaration of performance shall be drawn up using the model set out in Annex III.5.The information referred to in Article 31 or, as the case may be, in Article 33 of Regulation (EC) No 1907/2006, shall be provided together with the declaration of performance.
Article 7Supply of the declaration of performance1.A copy of the declaration of performance of each product which is made available on the market shall be supplied either in paper form or by electronic means.However, where a batch of the same product is supplied to a single user, it may be accompanied by a single copy of the declaration of performance either in paper form or by electronic means.2.A paper copy of the declaration of performance shall be supplied if the recipient requests it.3.By way of derogation from paragraphs 1 and 2, the copy of the declaration of performance may be made available on a web site in accordance with conditions to be established by the Commission by means of delegated acts in accordance with Article 60. Such conditions shall, inter alia, guarantee that the declaration of performance remains available at least for the period referred to in Article 11(2).4.The declaration of performance shall be supplied in the language or the languages required by the Member State where the product is made available.
Article 8General principles and use of CE marking1.The general principles set out in Article 30 of Regulation (EC) No 765/2008 shall apply to the CE marking.2.The CE marking shall be affixed to those construction products for which the manufacturer has drawn up a declaration of performance in accordance with Articles 4 and 6.If a declaration of performance has not been drawn up by the manufacturer in accordance with Articles 4 and 6, the CE marking shall not be affixed.By affixing or having affixed the CE marking, manufacturers indicate that they take responsibility for the conformity of the construction product with the declared performance as well as the compliance with all applicable requirements laid down in this Regulation and in other relevant Union harmonisation legislation providing for its affixing.The rules for affixing the CE marking provided for in other relevant Union harmonisation legislation shall apply without prejudice to this paragraph.3.For any construction product covered by a harmonised standard, or for which a European Technical Assessment has been issued, the CE marking shall be the only marking which attests conformity of the construction product with the declared performance in relation to the essential characteristics, covered by that harmonised standard or by the European Technical Assessment.In this respect, Member States shall not introduce any references or shall withdraw any references in national measures to a marking attesting conformity with the declared performance in relation to the essential characteristics covered by a harmonised standard other than the CE marking.4.A Member State shall not prohibit or impede, within its territory or under its responsibility, the making available on the market or the use of construction products bearing the CE marking, when the declared performances correspond to the requirements for such use in that Member State.5.A Member State shall ensure that the use of construction products bearing the CE marking shall not be impeded by rules or conditions imposed by public bodies or private bodies acting as a public undertaking, or acting as a public body on the basis of a monopoly position or under a public mandate, when the declared performances correspond to the requirements for such use in that Member State.6.The methods used by the Member States in their requirements for construction works, as well as other national rules in relation to the essential characteristics of construction products, shall be in accordance with harmonised standards.
Article 9Rules and conditions for the affixing of CE marking1.The CE marking shall be affixed visibly, legibly and indelibly to the construction product or to a label attached to it. Where this is not possible or not warranted on account of the nature of the product, it shall be affixed to the packaging or to the accompanying documents.2.The CE marking shall be followed by the two last digits of the year in which it was first affixed, the name and the registered address of the manufacturer, or the identifying mark allowing identification of the name and address of the manufacturer easily and without any ambiguity, the unique identification code of the product-type, the reference number of the declaration of performance, the level or class of the performance declared, the reference to the harmonised technical specification applied, the identification number of the notified body, if applicable, and the intended use as laid down in the harmonised technical specification applied.3.The CE marking shall be affixed before the construction product is placed on the market. It may be followed by a pictogram or any other mark notably indicating a special risk or use.
Article 10Product Contact Points for Construction1.Member States shall designate Product Contact Points for Construction pursuant to Article 9 of Regulation (EC) No 764/2008.2.Articles 10 and 11 of Regulation (EC) No 764/2008 shall apply to Product Contact Points for Construction.3.With regard to the tasks defined in Article 10(1) of Regulation (EC) No 764/2008, each Member State shall ensure that the Product Contact Points for Construction provide information, using transparent and easily understandable terms, on the provisions within its territory aimed at fulfilling basic requirements for construction works applicable for the intended use of each construction product, as provided for in Article 6(3)(e) of this Regulation.4.Product Contact Points for Construction shall be able to carry out their functions in a manner that avoids conflicts of interest, particularly in respect of the procedures for obtaining the CE marking.
CHAPTER IIIOBLIGATIONS OF ECONOMIC OPERATORS
Article 11Obligations of manufacturers1.Manufacturers shall draw up a declaration of performance in accordance with Articles 4 and 6, and affix the CE marking in accordance with Articles 8 and 9.Manufacturers shall, as the basis for the declaration of performance, draw up technical documentation describing all the relevant elements related to the required system of assessment and verification of constancy of performance.2.Manufacturers shall keep the technical documentation and the declaration of performance for a period of 10 years after the construction product has been placed on the market.Where appropriate, the Commission may, by means of delegated acts in accordance with Article 60, amend that period for families of construction products on the basis of the expected life or part played by the construction product in the construction works.3.Manufacturers shall ensure that procedures are in place to ensure that series production maintains the declared performance. Changes in the product-type and in the applicable harmonised technical specifications shall be adequately taken into account.Manufacturers shall, where deemed appropriate with regard to ensuring the accuracy, reliability and stability of the declared performance of a construction product, carry out sample testing of construction products placed or made available on the market, investigate, and, if necessary, keep a register of complaints, of non-conforming products and of product recalls, and keep distributors informed of any such monitoring.4.Manufacturers shall ensure that their construction products bear a type, batch or serial number or any other element allowing their identification, or, where the size or nature of the product does not allow it, that the required information is provided on the packaging or in a document accompanying the construction product.5.Manufacturers shall indicate on the construction product or, where that is not possible, on its packaging or in a document accompanying it, their name, registered trade name or registered trade mark and their contact address. The address shall indicate a single point at which the manufacturer can be contacted.6.When making a construction product available on the market, manufacturers shall ensure that the product is accompanied by instructions and safety information in a language determined by the Member State concerned which can be easily understood by users.7.Manufacturers who consider or have reason to believe that a construction product which they have placed on the market is not in conformity with the declaration of performance or not in compliance with other applicable requirements in this 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 shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of the construction product with the declaration of performance and compliance with other applicable requirements in this Regulation, in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by construction products which they have placed on the market.
Article 12Authorised representatives1.A manufacturer may appoint, by written mandate, an authorised representative.The drawing up of technical documentation shall not form part of the authorised representative’s mandate.2.An authorised representative shall perform the tasks specified in the mandate. The mandate shall allow the authorised 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);(b)further to a reasoned request from a competent national authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of the construction product with the declaration of performance and compliance with other applicable requirements in this Regulation;(c)cooperate with the competent national authorities, at their request, on any action taken to eliminate the risks posed by construction products covered by the mandate of the authorised representative.
Article 13Obligations of importers1.Importers shall place on the Union market only construction products which are compliant with the applicable requirements of this Regulation.2.Before placing a construction product on the market, importers shall ensure that the assessment and the verification of constancy of performance has been carried out by the 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 shall indicate on the construction product or, where that is not possible, on its packaging or in a document accompanying the product their name, registered trade name or registered trade mark and their contact address.4.Importers shall ensure that, when making a construction product available on the market, the product is accompanied by instructions and safety information in a language determined by the Member State concerned which can be easily understood by users.5.Importers shall ensure that, while a construction product is under their responsibility, storage or transport conditions do not jeopardise its conformity with the declaration of performance and compliance with other applicable requirements in this Regulation.6.Importers shall, when deemed appropriate with regard to ensuring the accuracy, reliability and stability of the declared performance of a construction product, carry out sample testing of construction products placed or made available on the market, investigate, and, if necessary, keep a register of complaints, of non-conforming products and of product recalls, and shall keep distributors informed of any such monitoring.7.Importers who consider or have reason to believe that a construction product which they have placed on the market is not in conformity with the declaration of performance or not in compliance with other applicable requirements in this 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 shall, for the period referred to in Article 11(2), keep a copy of the declaration of performance at the disposal of the market surveillance authorities and ensure that the technical documentation is made available to those authorities, upon request.9.Importers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of the construction product with the declaration of performance and compliance with other applicable requirements in this Regulation, in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by construction products which they have placed on the market.
Article 14Obligations of distributors1.When making a construction product available on the market, distributors shall act with due care in relation to the requirements of this Regulation.2.Before making a construction product available on the market distributors shall ensure that the product, where required, bears the CE marking and is accompanied by the documents required under this Regulation and by instructions and safety information in a language determined by the Member State concerned which can be easily understood by users. Distributors shall also ensure that the manufacturer and the importer have complied with the requirements set out in Article 11(4) and (5) and Article 13(3) respectively.Where a distributor considers or has reason to believe that a construction product is not in conformity with the declaration of performance or not in compliance with other applicable requirements in this Regulation, the distributor shall not make the product available on the market until it conforms to the accompanying declaration of performance and it complies with the other applicable requirements in this Regulation or until the declaration of performance is corrected. Furthermore, where the product presents a risk, the distributor shall inform the manufacturer or the importer thereof, and the market surveillance authorities.3.A distributor shall ensure that, while a construction product is under his responsibility, storage or transport conditions do not jeopardise its conformity with the declaration of performance and compliance with other applicable requirements in this Regulation.4.Distributors who consider or have reason to believe that a construction product which they have made available on the market is not in conformity with the declaration of performance or not in compliance with other applicable requirements in this Regulation, shall make sure that the corrective measures necessary to bring that product in conformity, to withdraw it or recall it, as appropriate, are taken. Furthermore, where the product presents a risk, distributors shall immediately inform the competent national authorities of the Member States in which they made the product available thereof, giving details, in particular, of the non-compliance and of any corrective measures taken.5.Distributors shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of the construction product with the declaration of performance and compliance with other applicable requirements in this Regulation in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by construction products which they have made available on the market.
Article 15Cases in which obligations of manufacturers apply to importers and distributorsAn 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.
Article 16Identification of economic operatorsFor the period referred to in Article 11(2), economic operators shall, on request, identify the following to market surveillance authorities:(a)any economic operator who has supplied them with a product;(b)any economic operator to whom they have supplied a product.
CHAPTER IVHARMONISED TECHNICAL SPECIFICATIONS
Article 17Harmonised standards1.Harmonised standards shall be established by the European standardisation bodies listed in Annex I to Directive 98/34/EC on the basis of requests (hereinafter referred to as "mandates") issued by the Commission in accordance with Article 6 of that Directive after having consulted the Standing Committee on Construction referred to in Article 64 of this Regulation (hereinafter referred to as "Standing Committee on Construction").2.Where stakeholders are involved in the process of developing harmonised standards pursuant to this Article, the European standardisation bodies shall ensure that the various categories of stakeholders are in all instances represented in a fair and equitable manner.3.Harmonised standards shall provide the methods and the criteria for assessing the performance of the construction products in relation to their essential characteristics.When provided for in the relevant mandate, a harmonised standard shall refer to an intended use of products to be covered by it.Harmonised standards shall, where appropriate and without endangering the accuracy, reliability or stability of the results, provide methods less onerous than testing for assessing the performance of the construction products in relation to their essential characteristics.4.The European standardisation bodies shall determine in harmonised standards the applicable factory production control, which shall take into account the specific conditions of the manufacturing process of the construction product concerned.The harmonised standard shall include technical details necessary for the implementation of the system of assessment and verification of constancy of performance.5.The Commission shall assess the conformity of harmonised standards established by the European standardisation bodies with the relevant mandates.The Commission shall publish in the Official Journal of the European Union the list of references of harmonised standards which are in conformity with the relevant mandates.The following shall be indicated for each harmonised standard in the list:(a)references of superseded harmonised technical specifications, if any;(b)date of the beginning of the coexistence period;(c)date of the end of the coexistence period.The Commission shall publish any updates to that list.From the date of the beginning of the coexistence period it shall be possible to use a harmonised standard to make a declaration of performance for a construction product covered by it. National standardisation bodies are under the obligation to transpose the harmonised standards in conformity with Directive 98/34/EC.Without prejudice to Articles 36 to 38, from the date of the end of the coexistence period, the harmonised standard shall be the only means used for drawing up a declaration of performance for a construction product covered by it.At the end of the coexistence period, conflicting national standards shall be withdrawn and Member States shall terminate the validity of all conflicting national provisions.
Article 18Formal objection against harmonised standards1.When a Member State or the Commission considers that a harmonised standard does not entirely satisfy the requirements set out in the relevant mandate, the Member State concerned or the Commission, after having consulted the Standing Committee on Construction, shall bring the matter before the Committee set up pursuant to Article 5 of Directive 98/34/EC, giving its arguments. That Committee shall, after having consulted the relevant European standardisation bodies deliver its opinion without delay.2.In the light of the opinion of the Committee set up pursuant to Article 5 of Directive 98/34/EC, the Commission shall decide to publish, not to publish, to publish with restriction, to maintain, to maintain with restriction or to withdraw the references to the harmonised standard concerned in the Official Journal of the European Union.3.The Commission shall inform the European standardisation body concerned of its decision and, if necessary, request the revision of the harmonised standard concerned.
Article 19European Assessment Document1.Following a request for a European Technical Assessment by a manufacturer, a European Assessment Document shall be drawn up and adopted by the organisation of TABs for any construction product not covered or not fully covered by a harmonised standard, for which the performance in relation to its essential characteristics cannot be entirely assessed according to an existing harmonised standard, because, inter alia:(a)the product does not fall within the scope of any existing harmonised standard;(b)for at least one essential characteristic of that product, the assessment method provided for in the harmonised standard is not appropriate; or(c)the harmonised standard does not provide for any assessment method in relation to at least one essential characteristic of that product.2.The procedure for adopting the European Assessment Document shall respect the principles set out in Article 20 and shall comply with Article 21 and Annex II.3.The Commission may adopt delegated acts in accordance with Article 60 to amend Annex II and establish supplementary procedural rules for the development and adoption of a European Assessment Document.4.Where appropriate, the Commission, after having consulted the Standing Committee on Construction, shall take existing European Assessment Documents as a basis for the mandates to be issued pursuant to Article 17(1) with a view to developing harmonised standards as regards the products referred to in paragraph 1 of this Article.
Article 20Principles for the development and adoption of European Assessment Documents1.The procedure for developing and adopting European Assessment Documents shall:(a)be transparent to the manufacturer concerned;(b)define appropriate mandatory time limits in order to avoid unjustified delay;(c)take appropriately into account the protection of commercial secrecy and confidentiality;(d)allow for adequate participation by the Commission;(e)be cost-effective for the manufacturer; and(f)ensure sufficient collegiality and coordination amongst TABs designated for the product in question.2.The TABs shall, together with the organisation of TABs, bear the full costs of the development and adoption of European Assessment Documents.
Article 21Obligations of the TAB receiving a request for a European Technical Assessment1.The TAB receiving a request for a European Technical Assessment shall inform the manufacturer if the construction product is covered, fully or partially, by a harmonised technical specification as follows:(a)where the product is fully covered by a harmonised standard, the TAB shall inform the manufacturer that, in accordance with Article 19(1), a European Technical Assessment cannot be issued;(b)where the product is fully covered by a European Assessment Document, the TAB shall inform the 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.In the cases referred to in points (b) and (c) of paragraph 1, the TAB shall inform the organisation of TABs and the Commission of the content of the request and of the reference to a relevant Commission decision for assessment and verification of constancy of performance, which the TAB intends to apply for that product, or of the lack of such a Commission decision.3.If the Commission considers that an appropriate decision for assessment and verification of constancy of performance does not exist for the construction product, Article 28 shall apply.
Article 22PublicationEuropean 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 23Dispute resolution in cases of disagreement between TABsIf 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 24Content of the European Assessment Document1.A European Assessment Document shall contain, at least, a general description of the construction product, the list of essential characteristics, relevant for the intended use of the product as foreseen by the manufacturer and agreed between the manufacturer and the organisation of TABs, as well as the methods and criteria for assessing the performance of the product in relation to those essential characteristics.2.Principles for the applicable factory production control to be applied shall be set out in the European Assessment Document, taking into account the conditions of the manufacturing process of the construction product concerned.3.Where the performance of some of the essential characteristics of the product can appropriately be assessed with methods and criteria already established in other harmonised technical specifications or the Guidelines referred to in Article 66(3), or used in accordance with Article 9 of Directive 89/106/EEC before 1 July 2013 in the context of issuing European technical approvals, those existing methods and criteria shall be incorporated as parts of the European Assessment Document.
Article 25Formal objections against European Assessment Documents1.Where a Member State or the Commission considers that a European Assessment Document does not entirely satisfy the demands to be met in relation to the basic requirements for construction works set out in Annex I, the Member State concerned or the Commission shall bring the matter before the Standing Committee on Construction, giving its arguments. The Standing Committee on Construction shall, after having consulted the organisation of TABs, deliver its opinion without delay.2.In the light of the opinion of the Standing Committee on Construction, the Commission shall decide to publish, not to publish, to publish with restriction, to maintain, to maintain with restriction or to withdraw the references to the European Assessment Documents concerned in the Official Journal of the European Union.3.The Commission shall inform the organisation of TABs accordingly and, if necessary, request the revision of the European Assessment Document concerned.
Article 26European Technical Assessment1.The European Technical Assessment shall be issued by a TAB, at the request of a manufacturer on the basis of a European Assessment Document established in accordance with the procedures set out in Article 21 and Annex II.Provided that there is a European Assessment Document, a European Technical Assessment may be issued even in the case where a mandate for a harmonised standard has been issued. Such issuing shall be possible until the beginning of the coexistence period as determined by the Commission in accordance with Article 17(5).2.The European Technical Assessment shall include the performance to be declared, by levels or classes, or in a description, of those essential characteristics agreed by the manufacturer and the TAB receiving the request for the European Technical Assessment for the declared intended use, and technical details necessary for the implementation of the system of assessment and verification of constancy of performance.3.In order to ensure the uniform implementation of this Article, the Commission shall adopt implementing acts to establish the format of the European Technical Assessment in accordance with the procedure referred to in Article 64(2).
Article 27Levels or classes of performance1.The Commission may adopt delegated acts in accordance with Article 60, to establish classes of performance in relation to the essential characteristics of construction products.2.Where the Commission has established classes of performance in relation to the essential characteristics of construction products, the European standardisation bodies shall use those classes in harmonised standards. The 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 provided for in the relevant mandates, the European standardisation bodies shall establish in harmonised standards threshold levels in relation to essential characteristics and, when appropriate, for intended uses, to be fulfilled by construction products in Member States.4.Where the European standardisation bodies have established classes of performance in a harmonised standard, the organisation of TABs shall use those classes in the European Assessment Documents where they are relevant for the construction product.When deemed appropriate, the organisation of TABs may, with the agreement of the Commission and after consulting the Standing Committee on Construction, establish in the European Assessment Document classes of performance and threshold levels in relation to the essential characteristics of a construction product within its intended use as foreseen by the manufacturer.5.The Commission may adopt delegated acts in accordance with Article 60, to establish conditions under which a construction product shall be deemed to satisfy a certain level or class of performance without testing or without further testing.Where such conditions are not established by the Commission, they may be established by the European standardisation bodies in harmonised standards, on the basis of a revised mandate.6.When the Commission has established classification systems in accordance with paragraph 1, Member States may determine the levels or classes of performance to be respected by construction products in relation to their essential characteristics only in accordance with those classification systems.7.The European standardisation bodies and the organisation of TABs shall respect the regulatory needs of Member States when determining threshold levels or classes of performance.
Article 28Assessment and verification of constancy of performance1.Assessment and verification of constancy of performance of construction products in relation to their essential characteristics shall be carried out in accordance with one of the systems set out in Annex V.2.By means of delegated acts in accordance with Article 60, the Commission shall establish and may revise, taking into account in particular the effect on the health and safety of people, and on the environment, which system or systems are applicable to a given construction product or family of construction products or a given essential characteristic. In doing so, the Commission shall also take into account the documented experiences forwarded by national authorities with regard to market surveillance.The Commission shall choose the least onerous system or systems consistent with the fulfilment of all basic requirements for construction works.3.The system or systems thus determined shall be indicated in the mandates for harmonised standards and in the harmonised technical specifications.
CHAPTER VTECHNICAL ASSESSMENT BODIES
Article 29Designation, monitoring and evaluation of TABs1.Member States may designate TABs within their territories, notably for one or several product areas listed in Table 1 of Annex IV.Member States which have designated a TAB shall communicate to the other Member States and the Commission its name and address and the product areas for which that TAB is designated.2.The Commission shall make publicly available by electronic means the list of TABs indicating the product areas for which they are designated, endeavouring to achieve the highest possible level of transparency.The Commission shall make any updates to that list publicly available.3.Member States shall monitor the activities and competence of the TABs they have designated, and evaluate them in relation to the respective requirements set out in Table 2 of Annex IV.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.4.The Commission shall adopt guidelines for carrying out the evaluation of TABs, after consulting the Standing Committee on Construction.
Article 30Requirements for TABs1.A TAB shall carry out the assessment and issue the European Technical Assessment in a product area for which it has been designated.The TAB shall satisfy the requirements set out in Table 2 of Annex IV within the scope of its designation.2.A TAB shall make publicly available its organigram and the names of the members of its internal decision-making bodies.3.Where a TAB no longer complies with the requirements referred to in paragraph 1, the Member State shall withdraw the designation of that TAB for the relevant product area and inform the Commission and the other Member States thereof.
Article 31Coordination of TABs1.The TABs shall establish an organisation for technical assessment.2.The organisation of TABs shall be considered a body pursuing an aim of general European interest within the meaning of Article 162 of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European CommunitiesOJ L 357, 31.12.2002, p. 1..3.The common cooperation objectives and the administrative and financial conditions relating to the grants awarded to the organisation of TABs may be defined in a framework partnership agreement signed by the Commission and that organisation, in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European CommunitiesOJ L 248, 16.9.2002, p. 1. (the Financial Regulation) and Regulation (EC, Euratom) No 2342/2002. The European Parliament and the Council shall be informed of the conclusion of any such agreement.4.The organisation of TABs shall at least carry out the following tasks:(a)organise the coordination of the TABs and, if necessary, ensure cooperation and consultation with other 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 States shall ensure that the TABs contribute with financial and human resources to the organisation of TABs.
Article 32Union financing1.Union financing may be granted to the organisation of TABs for the implementation of the tasks referred to in Article 31(4).2.The appropriations allocated to the tasks set out in Article 31(4) shall be determined each year by the budgetary authority within the limits of the financial framework in force.
Article 33Financing arrangements1.Union financing shall be provided, without a call for proposals, to the organisation of TABs to carry out the tasks referred to in Article 31(4) for which grants can be awarded in accordance with the Financial Regulation.2.The activities of the Secretariat of the organisation of TABs, referred to in Article 31(4), may be financed on the basis of operating grants. In the event of renewal, the operating grants shall not be decreased automatically.3.Grant agreements may authorise flat-rate cover of the beneficiary’s overheads up to a maximum of 10 % of total eligible direct costs for actions, except where the beneficiary’s indirect costs are covered by an operating grant financed from the general budget of the Union.
Article 34Management and monitoring1.The appropriations determined by the budgetary authority for the financing of tasks set out in Article 31(4) may also cover administrative expenses relating to preparation, monitoring, inspection, auditing and evaluation which are directly necessary for the achievement of the objectives of this 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.The Commission shall evaluate the relevance of the tasks set out in Article 31(4) that receive Union financing in the light of the requirements of Union policies and legislation, and inform the European Parliament and the Council of the outcome of that evaluation by 1 January 2017 and every 4 years thereafter.
Article 35Protection of the Union’s financial interests1.The Commission shall ensure that when the activities financed under this Regulation are implemented, the Union’s financial interests are protected by the application of preventive measures against fraud, corruption and other illegal activities, by effective checks and by the recovery of amounts unduly paid and, if irregularities are detected, by effective, proportionate and dissuasive penalties, in accordance with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities’ financial interestsOJ L 312, 23.12.1995, p. 1., Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularitiesOJ L 292, 15.11.1996, p. 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)OJ L 136, 31.5.1999, p. 1..2.For the activities financed under this Regulation, the notion of irregularity referred to in Article 1(2) of Regulation (EC, Euratom) No 2988/95 shall mean any infringement of a provision of Union law or any breach of a contractual 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 agreements and contracts resulting from this Regulation shall provide for monitoring and financial control by the Commission or any representative which it authorises and for audits by the Court of Auditors, which, if necessary, may be conducted on-the-spot.
CHAPTER VISIMPLIFIED PROCEDURES
Article 36Use of Appropriate Technical Documentation1.In determining the product-type, a manufacturer may replace type-testing or type-calculation by Appropriate Technical Documentation demonstrating that:(a)for one or several essential characteristics of the construction product, which the manufacturer places on the market, that product is deemed to achieve a certain level or class of performance without testing or calculation, or without further testing or calculation, in accordance with the conditions set out in the relevant harmonised technical specification or a Commission decision;(b)the construction product, covered by a harmonised standard, which the manufacturer places on the market corresponds to the product-type of another construction product, manufactured by another manufacturer and already tested in accordance with the relevant harmonised standard. When these conditions are fulfilled, the 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(c)the construction product, covered by a harmonised technical specification, which the manufacturer places on the market is a system made of components, which the manufacturer assembles duly following precise instructions given by the provider of such a system or of a component thereof, who has already tested that system or that component for one or several of its essential characteristics in accordance with the relevant harmonised technical 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 the construction product referred to in paragraph 1 belongs to a family of construction products for which the applicable system for assessment and verification of constancy of performance is system 1 + or 1, as set out in Annex V, the Appropriate Technical Documentation referred to in paragraph 1 shall be verified by a notified product certification body as referred to in Annex V.
Article 37Use of simplified procedures by micro-enterprisesMicro-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 38Other simplified procedures1.In relation to construction products covered by a harmonised standard and which are individually manufactured or custom-made in a non-series process in response to a specific order, and which are installed in a single identified construction work, the performance assessment part of the applicable system, as set out in Annex V, may be replaced by the manufacturer by Specific Technical Documentation demonstrating compliance of that product with the applicable requirements and equivalence of the procedures used to the procedures laid down in the harmonised standards.2.If the construction product referred to in paragraph 1 belongs to a family of construction products for which the applicable system for assessment and verification of constancy of performance is system 1 + or 1, as set out in Annex V, the Specific Technical Documentation shall be verified by a notified product certification body as referred to in Annex V.
CHAPTER VIINOTIFYING AUTHORITIES AND NOTIFIED BODIES
Article 39NotificationMember 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 40Notifying authorities1.Member States shall designate a notifying authority that shall be responsible for setting up and carrying out the necessary procedures for the assessment and notification of the bodies to be authorised to carry out third-party tasks in the process of assessment and verification of constancy of performance for the purposes of this Regulation, and for the monitoring of notified bodies, including their compliance with Article 43.2.Member States may decide that the assessment and monitoring referred to in paragraph 1 shall be carried out by their national accreditation bodies within the meaning of, and in accordance with, Regulation (EC) No 765/2008.3.Where the notifying authority delegates or otherwise entrusts the assessment, notification or monitoring referred to in paragraph 1 to a body which is not a governmental entity, that body shall be a legal entity and shall comply mutatis mutandis with the requirements laid down in Article 41. In addition, it shall have arrangements to cover liabilities arising from its activities.4.The notifying authority shall take full responsibility for the tasks performed by the body referred to in paragraph 3.
Article 41Requirements relating to notifying authorities1.The notifying authority shall be established in such a way that no conflicts of interest with notified bodies occur.2.The notifying authority shall be organised and operated so as to safeguard the objectivity and impartiality of its activities.3.The notifying authority shall be organised in such a way that each decision relating to notification of a body to be authorised to carry out third party tasks in the process of assessment and verification of constancy of performance is taken by competent persons different from those who carried out the assessment.4.The notifying authority shall not offer or provide activities performed by notified bodies, or consultancy services on a commercial or competitive basis.5.The notifying authority shall safeguard the confidentiality of the information obtained.6.The notifying authority shall have a sufficient number of competent personnel at its disposal for the proper performance of its tasks.
Article 42Information obligation for Member StatesMember 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 43Requirements for notified bodies1.For the purposes of notification, a notified body shall meet the requirements set out in paragraphs 2 to 11.2.A notified body shall be established under national law and have legal personality.3.A notified body shall be a third-party body independent from the organisation or the construction product it assesses.A body belonging to a business association or professional federation representing undertakings involved in the design, manufacturing, provision, assembly, use or maintenance of construction products which it assesses, can on condition that its independence and the absence of any conflict of interest are demonstrated, be considered to be such a body.4.A notified body, its top-level management and the personnel responsible for carrying out the third party tasks in the process of assessment and verification of constancy of performance shall not be the designer, manufacturer, supplier, installer, purchaser, owner, user or maintainer of the construction products which it assesses, nor the authorised representative of any of those parties. This shall not preclude the use of assessed products that are necessary for the operations of the notified body or the use of products for personal purposes.A notified body, its top-level management and the personnel responsible for carrying out the third party tasks in the process of assessment and verification of constancy of performance shall not become directly involved in the design, manufacture or construction, marketing, installation, use or maintenance of those construction products, nor represent the parties engaged in those activities. They shall not engage in any activity that may conflict with their independence of judgement and integrity related to the activities for which they have been notified. This shall, in particular, apply to consultancy services.A notified body shall ensure that activities of its subsidiaries or subcontractors do not affect the confidentiality, objectivity and impartiality of its assessment and/or verification activities.5.A notified body and its personnel shall carry out the third party tasks in the process of assessment and verification of constancy of performance with the highest degree of 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 notified body shall be capable of carrying out all the third party tasks in the process of assessment and verification of constancy of performance assigned to it in accordance with Annex V in relation to which it has been notified, whether those tasks are carried out by the notified body itself or on its behalf and under its responsibility.At all times and for each system of assessment and verification of constancy of performance and for each kind or category of construction products, essential characteristics and tasks in relation to which it has been notified, the notified body shall have the following at its disposal:(a)the necessary personnel with technical knowledge and sufficient and appropriate experience to perform the third party tasks in the process of assessment and verification of constancy of performance;(b)the necessary description of procedures according to which the assessment of performance is carried out, ensuring the transparency and the ability of reproduction of these procedures; it shall have appropriate policies and procedures in place that distinguish between the tasks it carries out as a notified body and other activities;(c)the necessary procedures to perform its activities which take due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the product technology in question and the mass or serial nature of the production process.A notified body shall have the means necessary to perform the technical and administrative tasks connected with the activities for which it is notified in an appropriate manner and shall have access to all necessary equipment or facilities.7.The personnel responsible for carrying out the activities in relation to which the body has been notified, shall have the following:(a)sound technical and vocational training covering all the third party tasks in the process of assessment and 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 knowledge and understanding of the applicable harmonised standards and of the relevant provisions of the Regulation;(d)the ability required to draw up the certificates, records and reports to demonstrate that the assessments and the verifications have been carried out.8.The impartiality of the notified body, its top-level management and assessment personnel shall be guaranteed.The remuneration of the notified body’s top-level management and assessment personnel shall not depend on the number of assessments carried out or on the results of such assessments.9.A notified body shall take out liability insurance unless liability is assumed by the Member State in accordance with national law, or the Member State itself is directly responsible for the assessment and/or the verification performed.10.The personnel of the notified body shall be bound to observe professional secrecy with regard to all information gained in carrying out its tasks under Annex V, except in relation to the competent administrative authorities of the Member State in which its activities are carried out. Proprietary rights shall be protected.11.A notified body shall participate in, or ensure that its assessment personnel is informed of, the relevant standardisation 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 44Presumption of conformityA notified body to be authorised to carry out third party tasks in the process of assessment and verification of constancy of performance which demonstrates its conformity with the criteria laid down in the relevant harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, shall be presumed to comply with the requirements set out in Article 43 in so far as the applicable harmonised standards cover those requirements.
Article 45Subsidiaries and subcontractors of notified bodies1.Where a notified body subcontracts specific tasks connected with the third party tasks in the process of assessment and verification of constancy of performance or has recourse to a subsidiary, it shall ensure that the subcontractor or the subsidiary meets the requirements set out in Article 43, and shall inform the notifying authority accordingly.2.The notified body shall take full responsibility for the tasks performed by subcontractors or subsidiaries wherever these are established.3.Activities may be subcontracted or carried out by a subsidiary only with the agreement of the client.4.The notified body shall keep at the disposal of the notifying authority the relevant documents concerning the assessment of the qualifications of any subcontractor or the subsidiary and the tasks carried out by such parties under Annex V.
Article 46Use of facilities outside the testing laboratory of the notified body1.On request of the manufacturer and where justified by technical, economic or logistic reasons, notified bodies may decide to carry out the tests referred to in Annex V, for the systems of assessment and verification of constancy of performance 1+, 1 and 3 or have such tests carried out under their supervision, either in the manufacturing plants using the test equipments of the internal laboratory of the manufacturer or, with the prior consent of the manufacturer, in an external laboratory, using the test equipments of that laboratory.Notified bodies carrying out such tests shall be specifically designated as competent to work away from their own accredited test facilities.2.Before carrying out those tests, the notified body shall verify whether the requirements of the test method are satisfied and shall evaluate whether:(a)test equipment has an appropriate calibration system and the traceability of the measurements is guaranteed;(b)the quality of the test results is ensured.
Article 47Application for notification1.A body to be authorised to carry out third party tasks in the process of assessment and verification of constancy of performance shall submit an application for notification to the notifying authority of the Member State in which it is established.2.The application shall be accompanied by a description of the activities to be performed, the assessment and/or verification procedures for which the body claims to be competent, an accreditation certificate, where one exists, issued by the national accreditation body within the meaning of Regulation (EC) No 765/2008, attesting that the body meets the requirements laid down in Article 43.3.Where the body concerned cannot provide an accreditation certificate, it shall provide the notifying authority with all documentary evidence necessary for the verification, recognition and regular monitoring of its compliance with the requirements laid down in Article 43.
Article 48Notification procedure1.Notifying authorities may notify only bodies which have satisfied the requirements laid down in Article 43.2.They shall notify the Commission and the other Member States, notably using the electronic notification tool developed and managed by the Commission.Exceptionally, for cases set out in point 3 of Annex V, for which the appropriate electronic tool is not available, a hard copy of the notification shall be accepted.3.The notification shall include full details of the functions to be performed, reference to the relevant harmonised technical specification and, for the purposes of the system set out in Annex V, the essential characteristics for which the body is competent.However, reference to the relevant harmonised technical specification is not required in the cases set out in point 3 of Annex V.4.Where a notification is not based on an accreditation certificate as referred to in Article 47(2), the notifying authority shall provide the Commission and the other Member States with all documentary evidence which attests to the notified body’s competence and the arrangements in place to ensure that that body will be monitored regularly and will continue to satisfy the requirements laid down in Article 43.5.The body concerned may perform the activities of a notified body only where no objections are raised by the Commission or the other Member States within 2 weeks of notification where an accreditation certificate is used or within 2 months of notification where an accreditation certificate is not used.Only such a body shall be considered as a notified body for the purpose of this Regulation.6.The Commission and the other Member States shall be notified of any subsequent relevant changes to the notification.
Article 49Identification numbers and lists of notified bodies1.The Commission shall assign an identification number to each notified body.It shall assign a single such number even where the body is notified under several Union acts.2.The Commission shall make publicly available the list of 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 50Changes to the notification1.Where a notifying authority has ascertained or has been informed that a notified body no longer meets the requirements laid down in Article 43, or that it is failing to fulfil its 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 the event of withdrawal, restriction or suspension of notification or where the notified body has ceased its activity, the notifying Member State concerned shall take the appropriate steps to ensure that the files of that body are either processed by another notified body or kept available for the responsible notifying and market surveillance authorities at their request.
Article 51Challenge of the competence of notified bodies1.The Commission shall investigate all cases where it doubts, or doubt is brought to its attention regarding, the competence of a notified body or the continued fulfilment by a notified body of the requirements and responsibilities to which it is subject.2.The notifying Member State shall provide the Commission, on request, with all information related to the basis for notification or the maintenance of the competence of the body concerned.3.The Commission shall ensure that all sensitive information obtained in the course of its investigations is treated confidentially.4.Where the Commission ascertains that a notified body does not meet, or no longer meets, the requirements for its notification, it shall inform the notifying Member State accordingly and request it to take the necessary corrective measures, including withdrawal of notification, if necessary.
Article 52Operational obligations for notified bodies1.Notified bodies shall carry out third party tasks in accordance with the systems of assessment and verification of constancy of performance provided for in Annex V.2.Assessments and verifications of constancy of performance shall be carried out with transparency as regards the manufacturer, and in a proportionate manner, avoiding an unnecessary burden for economic operators. The notified bodies shall perform their activities taking due account of the size of the undertaking, the sector in which the undertaking operates, its structure, the degree of complexity of the product 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.Where, in the course of the initial inspection of the manufacturing plant and of factory production control, a notified body finds that the manufacturer has not ensured the constancy of performance of the manufactured product, it shall require the manufacturer to take appropriate corrective measures and shall not issue a certificate.4.Where, in the course of the monitoring activity aiming at the verification of the constancy of performance of the manufactured 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.Where corrective measures are not taken or do not have the required effect, the notified body shall restrict, suspend or withdraw any certificates, as appropriate.
Article 53Information obligations for notified bodies1.Notified bodies shall inform the notifying authority of the following:(a)any refusal, restriction, suspension or withdrawal of certificates;(b)any circumstances affecting the scope of, and conditions for, notification;(c)any request for information on assessment and/or verification of constancy of performance activities carried out which they have received from market surveillance authorities;(d)on request, third party tasks in accordance with the systems of assessment and verification of constancy of performance carried out within the scope of their notification and any other activity performed, including cross-border activities and subcontracting.2.Notified bodies shall provide the other bodies notified under this Regulation carrying out similar third party tasks in accordance with the systems of assessment and verification of constancy of performance and 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 54Exchange of experienceThe Commission shall provide for the organisation of exchange of experience between the Member States’ national authorities responsible for policy on notification.
Article 55Coordination of notified bodiesThe 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 VIIIMARKET SURVEILLANCE AND SAFEGUARD PROCEDURES
Article 56Procedure to deal at national level with construction products presenting a risk1.Where the market surveillance authorities of one Member State have sufficient reason to believe that a construction product covered by a harmonised standard or for which a European Technical Assessment has been issued does not achieve the declared performance and presents a risk for the fulfilment of the basic requirements for construction works covered by this Regulation, they shall carry out an evaluation in relation to the product concerned covering the respective requirements laid down by this Regulation. The relevant economic operators shall cooperate as necessary with the market surveillance authorities.Where, in the course of that evaluation, the market surveillance authorities find that the construction product does not comply with the requirements laid down in this Regulation, they shall without delay require the relevant economic operator to take all appropriate corrective actions to bring the product into compliance with those requirements, notably with the declared performance, or to withdraw the product from the market, or recall it within a reasonable period, commensurate with the nature of the risk, as they may prescribe.The market surveillance authorities shall inform the notified body accordingly, if a notified body is involved.Article 21 of Regulation (EC) No 765/2008 shall apply to the measures referred to in the second subparagraph of this paragraph.2.Where the market surveillance authorities consider that the non-compliance is not limited to their national territory, they shall inform the Commission and the other Member States of the results of the evaluation and of the actions which they have required the economic operator to take.3.The economic operator shall ensure that all appropriate corrective action is taken in respect of all the construction products concerned which that economic operator has made available on the market throughout the Union.4.Where the relevant economic operator, within the period referred to in the second subparagraph of paragraph 1, does not take adequate corrective action, the market surveillance authorities shall take all appropriate provisional measures to prohibit or restrict the making available of the construction product on the national market or to withdraw the construction product from that market or to recall it.The market surveillance authorities shall inform the Commission and the other Member States, without delay, of those measures.5.The information referred to in paragraph 4 shall include all available details, in particular the data necessary for the identification of the non-compliant construction product, the origin of the construction product, the nature of the non-compliance alleged and the risk involved, the nature and duration of national measures taken as well as the arguments put forward by the relevant economic operator. In particular, the market surveillance authorities shall indicate whether the non-compliance is due to either of the following:(a)failure of the product to achieve the declared performance and/or to meet the requirements related to the fulfilment of basic requirements for construction works laid down in this Regulation;(b)shortcomings in the harmonised technical specifications or in the Specific Technical Documentation.6.Member States other than the Member State initiating the procedure shall without delay inform the Commission and the other Member States of any measures adopted and of any 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.Where, within 15 working days of receipt of the information referred to in paragraph 4, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State in relation to the construction product concerned, that measure shall be deemed justified.8.Member States shall ensure that appropriate restrictive measures are taken without delay in respect of the construction product concerned, such as withdrawal of the product from their market.
Article 57Union safeguard procedure1.Where, on completion of the procedure set out in Article 56(3) and (4), objections are raised against a measure taken by a Member State or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States and the relevant economic operator(s) and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide whether the measure is justified or not.The Commission shall address its decision to all Member States and shall immediately communicate it to them and to the relevant economic operator(s).2.If the national measure is considered justified, all Member States shall take the necessary measures to ensure that the non-compliant construction product is withdrawn from their markets and shall inform the Commission accordingly. If the national measure is considered unjustified, the Member State concerned shall withdraw the measure.3.Where the national measure is considered to be justified and the non-compliance of the construction product is attributed to shortcomings in the harmonised standards as referred to in Article 56(5)(b), the Commission shall inform the relevant European standardisation body or bodies and shall bring the matter before the Committee set up pursuant to Article 5 of Directive 98/34/EC. That Committee shall consult with the relevant European standardisation body or bodies and deliver its opinion without delay.Where the national measure is considered to be justified and the non-compliance of the construction product is attributed to shortcomings in the European Assessment Document or in the Specific Technical Documentation as referred to in Article 56(5)(b), the Commission shall bring the matter before the Standing Committee on Construction and subsequently adopt the appropriate measures.
Article 58Complying construction products which nevertheless present a risk to health and safety1.Where, having performed an evaluation pursuant to Article 56(1), a Member State finds that, although a construction product is in compliance with this Regulation, it presents a risk for the fulfilment of the basic requirements for construction works, to the health or safety of persons or to other aspects of public interest protection, it shall require the relevant economic operator to take all appropriate measures to ensure that the construction product concerned, when placed on the market, no longer presents that risk, to withdraw the construction product from the market or to recall it within a reasonable period, commensurate with the nature of the risk, which it may prescribe.2.The economic operator shall ensure that any corrective action is taken in respect of all the construction products concerned which that economic operator has made available on the market throughout the Union.3.The Member State shall immediately inform the Commission and the other Member States. That information shall include all available details, in particular the data necessary for the identification of the construction product concerned, the origin and the supply chain of the product, the nature of the risk involved and the nature and duration of the national measures taken.4.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.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 59Formal non-compliance1.Without prejudice to Article 56, where a Member State makes one of the following findings, it shall require the relevant economic operator to put an end to the non-compliance concerned:(a)the CE marking has been affixed in breach of Article 8 or 9;(b)the CE marking has not been affixed, when required, in accordance with Article 8(2);(c)without prejudice to Article 5, the declaration of performance has not been drawn up, when required, in accordance with Article 4;(d)the declaration of performance has not been drawn up in accordance with Articles 4, 6 and 7;(e)the technical documentation is either not available or not complete.2.Where the non-compliance referred to in paragraph 1 continues, the Member State shall take all appropriate measures to restrict or prohibit the making available on the market of the construction product or ensure that it is recalled or withdrawn from the market.
CHAPTER IXFINAL PROVISIONS
Article 60Delegated actsFor the purposes of achieving the objectives of this Regulation, in particular removing and avoiding restrictions on making construction products available on the market, the following matters shall be delegated to the Commission in accordance with Article 61, and subject to the conditions laid down in Articles 62 and 63:(a)the determination, where appropriate, of the essential 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;(b)the conditions on which a declaration of performance may be electronically processed, in order to make it available on a web site in accordance with Article 7;(c)the amendment of the period for which the manufacturer shall keep the technical documentation and the declaration of performance after the construction product has been placed on the market, in accordance with Article 11, based on the expected life or the part played by the construction product in the construction works;(d)the amendment of Annex II and where necessary the adoption of supplementary procedural rules in accordance with Article 19(3) in order to ensure compliance with the principles in Article 20, or the application in practice of the procedures set out in Article 21;(e)the adaptation of Annex III, table 1 of Annex IV, and Annex V in response to technical progress;(f)the establishment and adaptation of classes of performance in response to technical progress in accordance with Article 27(1);(g)the conditions on which a construction product shall be deemed to satisfy a certain level or class of performance without testing or without further testing in accordance with Article 27(5), provided that the fulfilment of the basic requirements for construction works is not thereby jeopardised;(h)the adaptation, establishment and revision of the systems of assessment and verification of constancy of performance in accordance with Article 28, relating to a given product, a given product family or a given essential characteristic, and in accordance with:(i)the importance of the part played by the product or those essential characteristics with respect to the basic requirements for construction works;(ii)the nature of the product;(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 61Exercise of the delegation1.The power to adopt delegated acts referred to in Article 60 shall be conferred on the Commission for a period of 5 years from 24 April 2011. The Commission shall draw up a report in respect of the delegated power at the latest 6 months before the end of the 5-year period. The delegation of power shall be automatically extended for periods of an identical duration, unless the European Parliament or the Council revokes it in accordance with Article 62.2.As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.3.The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 62 and 63.
Article 62Revocation of the delegation1.The delegation of power referred to in Article 60 may be revoked at any time by the European Parliament or by the Council.2.The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated power which could be subject to revocation and possible reasons for a revocation.3.The decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.
Article 63Objections to delegated acts1.The European Parliament or the Council may object to a delegated act within a period of 3 months from the date of notification.At the initiative of the European Parliament or the Council, that period shall be extended by 3 months.2.If, on expiry of the period referred to in paragraph 1, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein.The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.3.If either the European Parliament or the Council objects to a delegated act within the period referred to in paragraph 1, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.
Article 64Committee1.The Commission shall be assisted by a Standing Committee on Construction.2.Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply.3.Member States shall ensure that the members of the Standing Committee on Construction are able to carry out their functions in a manner that avoids conflicts of interest, particularly in respect of the procedures for obtaining the CE marking.
Article 65Repeal1.Directive 89/106/EEC is repealed.2.References to the repealed Directive shall be construed as references to this Regulation.
Article 66Transitional provisions1.Construction products which have been placed on the market in accordance with Directive 89/106/EEC before 1 July 2013 shall be deemed to comply with this Regulation.2.Manufacturers may draw up a declaration of performance on the basis of a certificate of conformity or a declaration of conformity, which has been issued before 1 July 2013 in accordance with Directive 89/106/EEC.3.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 67Reporting by the Commission1.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 68Entry into forceThis 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.ANNEX IBASIC REQUIREMENTS FOR CONSTRUCTION WORKSConstruction 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 stabilityThe 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 fireThe 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 environmentThe 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.4.Safety and accessibility in useThe 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 noiseThe 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 retentionThe 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 resourcesThe 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.ANNEX IIPROCEDURE FOR ADOPTING A EUROPEAN ASSESSMENT DOCUMENT1.Request for a European Technical AssessmentWhen 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.ContractFor 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 programmeAfter 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 DocumentThe 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 ParticipationA Commission representative may participate, as observer, to all the parts of the execution of the work programme.6.Extension and delayAny 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 DocumentThe 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.If, 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 publishedAs 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.ANNEX IIIDECLARATION OF PERFORMANCENo1.Unique identification code of the product-type:2.Intended use/es:3.Manufacturer:4.Authorised representative:5.System/s of AVCP:6a.Harmonised standard:Notified body/ies:6b.European Assessment Document:European Technical Assessment:Technical Assessment Body:Notified body/ies:7.Declared performance/s:8.Appropriate Technical Documentation and/or Specific Technical Documentation:The performance of the product identified above is in conformity with the set of declared performance/s. This declaration of performance is issued, in accordance with Regulation (EU) No 305/2011, under the sole responsibility of the manufacturer identified above.Signed for and on behalf of the manufacturer by:[name]At [place] on [date of issue][signature]Instructions for drawing up the declaration of performance1.GENERALThese instructions aim at guiding the manufacturers when drawing up a declaration of performance compliant with Regulation (EU) No 305/2011, following the model of this Annex (hereinafter referred to as "the model").These instructions are not part of the declarations of performance to be issued by manufacturers and should not be enclosed to these declarations of performance.When drawing up a declaration of performance, the manufacturer shall:(1)reproduce the texts and the headlines of the model which are not indicated between square brackets;(2)replace the blank spaces and square brackets by inserting the necessary information.Manufacturers may also include in the declaration of performance the reference to the website where the copy of the declaration of performance is made available in accordance with Article 7(3) of Regulation (EU) No 305/2011. This may be included after point 8 or in another place where it does not affect the readability and clarity of the mandatory information.2.FLEXIBILITYProviding that the mandatory information required by Article 6 of Regulation (EU) No 305/2011 is provided in a clear, complete and coherent manner, when drawing up a declaration of performance, it is possible to:(1)use a different layout as in the model;(2)combine the points of the model by presenting some of them together;(3)present the points of the model in a different order or using one or more tables;(4)omit some points of the model which are not relevant for the product for which a declaration of performance is drawn up. For example, this is the case since the declaration of performance may be based either on a harmonised standard or on a European Technical Assessment issued for the product, rendering the other alternative not applicable. These omissions could also concern the points on the authorised representative or on the use of Appropriate Technical Documentation and the Specific Technical Documentation;(5)present the points without numbering them.If a manufacturer wishes to issue a single declaration of performance covering different variations of a product-type, at least the following elements need to be listed separately and clearly for every product variation: the number of the declaration of performance, the identification code under point 1 and the declared performances/s under point 7.3.INSTRUCTION FOR THE COMPLETION OF THE FORM
Point of the modelInstruction
Number of the declaration of performanceThis is the reference number of the declaration of performance foreseen in Article 9(2) of Regulation (EU) No 305/2011.The choice of the number is left to the manufacturer.This number may be the same as the unique identification code of the product-type indicated under point 1 of the model.
Point 1Indicate the unique identification code of the product-type referred to in Article 6(2)(a) of Regulation (EU) No 305/2011.In Article 9(2) of Regulation (EU) No 305/2011, the unique identification code determined by the manufacturer to follow the CE marking is linked to the product-type and thus to the set of performance levels or classes of a construction product, as brought forward in the declaration of performance drawn up for it. Moreover, for the recipients of construction products, in particular for their final end users, it is necessary to be able to unequivocally identify this set of performance levels or classes for any given product. Therefore, every construction product, for which a declaration of performance has been drawn up, should be linked by its manufacturer to the respective product-type and a given set of performance levels or classes by the unique identification code, which acts also as the reference mentioned in Article 6(2)(a) of Regulation (EU) No 305/2011.
Point 2Indicate the intended use, or list the intended uses, as appropriate, of the construction product as foreseen by the manufacturer, in accordance with the applicable harmonised technical specification.
Point 3Indicate the name, the registered trade name or registered trade mark and the contact address of the manufacturer, as required pursuant to Article 11(5) of Regulation (EU) No 305/2011.
Point 4This point shall be included and filled in only in case an authorised representative has been designated. In such case, indicate the name and the contact address of the authorised representative whose mandate covers the tasks specified in Article 12(2) of Regulation (EU) No 305/2011.
Point 5Indicate the number of the applicable system or systems of assessment and verification of constancy of performance (AVCP) of the construction product as set out in Annex V to Regulation (EU) No 305/2011. If there are multiple systems, each of them shall be declared.
Points 6a and 6bSince a manufacturer can draw up a declaration of performance based on either a harmonised standard or a European Technical Assessment issued for the product, these two different situations presented under points 6a and 6b should be treated as alternative, with only one of them to be applied and filled in in a declaration of performance.In case of point 6a, i.e. when a declaration of performance is based on a harmonised standard, indicate all the following:(a)the reference number of the harmonised standard and its date of issue (dated reference); and(b)the identification number of the notified body/ies.When providing the name of the notified body/ies, it is essential that the name is provided in its original language, without translation to other languages.In case of point 6b, i.e. when a declaration of performance is based on a European Technical Assessment issued for the product, indicate all the following:(a)the number of the European Assessment Document and its date of issue;(b)the number of the European Technical Assessment and its date of issue;(c)the name of the Technical Assessment Body; and(d)the identification number of the notified body/ies.
Point 7Under this point, the declaration of performance shall indicate:(a)the list of essential characteristics, as determined in the harmonised technical specifications for the intended use or uses indicated under point 2; and(b)for each essential characteristic, the declared performance, by level or class, or in a description, in relation to this characteristic or, for characteristics for which no performance is declared, the letters "NPD" (No Performance Determined).This point may be filled up with the use of a table which brings forward the links between the harmonised technical specifications and the systems of assessment and verification of constancy of performance applied respectively to each essential characteristic of the product, as well as the performance in relation to each essential characteristic.The performance shall be declared in a clear and explicit manner. Therefore, the performance cannot be described in the declaration of performance solely by inserting a calculation formula to be applied by the recipients. Furthermore, the levels or classes of performance presented in reference documents shall be reproduced in the declaration of performance itself and thus cannot be expressed solely by inserting references to these documents into the declaration of performance.However, the performance notably of structural behaviour of a construction product may be expressed by referring to the respective production documentation or structural design calculations. In this case, the relevant documents shall be attached to the declaration of performance.
Point 8This point shall only be included and filled in in a declaration of performance if Appropriate Technical Documentation and/or Specific Technical Documentation has been used, in accordance with Articles 36 to 38 of Regulation (EU) No 305/2011, in order to indicate the requirements with which the product complies.In such a case, under this point the declaration of performance shall indicate:(a)the reference number of the Specific and/or Appropriate Technical Documentation used, and(b)the requirements with which the product complies.
SignatureReplace the spaces indicated between square brackets by the information indicated and the signature.
ANNEX IVPRODUCT AREAS AND REQUIREMENTS FOR TABS
Table 1 —Product areas
AREA CODEPRODUCT AREA
1PRECAST NORMAL/LIGHTWEIGHT/AUTOCLAVED AERATED CONCRETE PRODUCTS.
2DOORS, WINDOWS, SHUTTERS, GATES AND RELATED BUILDING HARDWARE.
3MEMBRANES, INCLUDING LIQUID APPLIED AND KITS (FOR WATER AND/OR WATER VAPOUR CONTROL).
4THERMAL INSULATION PRODUCTS.COMPOSITE INSULATING KITS/SYSTEMS.
5STRUCTURAL BEARINGS.PINS FOR STRUCTURAL JOINTS.
6CHIMNEYS, FLUES AND SPECIFIC PRODUCTS.
7GYPSUM PRODUCTS.
8GEOTEXTILES, GEOMEMBRANES, AND RELATED PRODUCTS.
9CURTAIN WALLING/CLADDING/STRUCTURAL SEALANT GLAZING.
10FIXED FIRE FIGHTING EQUIPMENT (FIRE ALARM/DETECTION, FIXED FIREFIGHTING, FIRE AND SMOKE CONTROL AND EXPLOSION SUPPRESSION PRODUCT).
11SANITARY APPLIANCES.
12CIRCULATION FIXTURES: ROAD EQUIPMENT.
13STRUCTURAL TIMBER PRODUCTS/ELEMENTS AND ANCILLARIES.
14WOOD BASED PANELS AND ELEMENTS.
15CEMENT, BUILDING LIMES AND OTHER HYDRAULIC BINDERS.
16REINFORCING AND PRESTRESSING STEEL FOR CONCRETE (AND ANCILLARIES).POST TENSIONING KITS.
17MASONRY AND RELATED PRODUCTS.MASONRY UNITS, MORTARS, AND ANCILLARIES.
18WASTE WATER ENGINEERING PRODUCTS.
19FLOORINGS.
20STRUCTURAL METALLIC PRODUCTS AND ANCILLARIES.
21INTERNAL & EXTERNAL WALL AND CEILING FINISHES. INTERNAL PARTITION KITS.
22ROOF COVERINGS, ROOF LIGHTS, ROOF WINDOWS, AND ANCILLARY PRODUCTS.ROOF KITS.
23ROAD CONSTRUCTION PRODUCTS.
24AGGREGATES.
25CONSTRUCTION ADHESIVES.
26PRODUCTS RELATED TO CONCRETE, MORTAR AND GROUT.
27SPACE HEATING APPLIANCES.
28PIPES-TANKS AND ANCILLARIES NOT IN CONTACT WITH WATER INTENDED FOR HUMAN CONSUMPTION.
29CONSTRUCTION PRODUCTS IN CONTACT WITH WATER INTENDED FOR HUMAN CONSUMPTION.
30FLAT GLASS, PROFILED GLASS AND GLASS BLOCK PRODUCTS.
31POWER, CONTROL AND COMMUNICATION CABLES.
32SEALANTS FOR JOINTS.
33FIXINGS.
34BUILDING KITS, UNITS, AND PREFABRICATED ELEMENTS.
35FIRE STOPPING, FIRE SEALING AND FIRE PROTECTIVE PRODUCTS.FIRE RETARDANT PRODUCTS.
Table 2 —Requirements for TABs
CompetenceDescription of competenceRequirement
1.Analysing risksIdentify the possible risks and benefits for the use of innovative construction products in the absence of established/consolidated technical information regarding their performance when installed in construction works.A TAB shall be established under national law and have legal personality. It shall be independent from the stakeholders and from any particular interests.In addition, a TAB shall have staff with:(a)objectivity and sound technical judgement;(b)detailed knowledge of the regulatory provisions and other requirements in force in the Member States where it is designated, concerning product areas for which it is to be designated;(c)general understanding of construction practice and detailed technical knowledge, concerning product areas for which it is to be designated;(d)detailed knowledge of specific risks involved and the technical aspects of the construction process;(e)detailed knowledge of the existing harmonised standards and test methods within the product areas for which it is to be designated;(f)appropriate linguistic skills.The remuneration of the TAB personnel shall not depend on the number of the assessments carried out or on the results of such assessments.
2.Setting technical criteriaTransform the outcome of the risk analysis into technical criteria for evaluating behaviour and performance of the construction products regarding the fulfilment of applicable national requirements;provide the technical information needed by those participating in the building process as potential users of the construction products (manufacturers, designers, contractors, installers).
3.Setting assessment methodsDesign and validate appropriate methods (tests or calculations) to assess performance for essential characteristics of construction products, taking into account the current state of the article.
4.Determining the specific factory production controlUnderstand and evaluate the manufacturing process of the specific product in order to identify appropriate measures ensuring product constancy through the given manufacturing process.A TAB shall have staff with appropriate knowledge of the relationship between the manufacturing processes and product characteristics related to factory production control.
5.Assessing the productAssess the performance for essential characteristics of construction products on the basis of harmonised methods against harmonised criteria.In addition to the requirements listed in points 1, 2 and 3, a TAB shall have access to the necessary means and equipment for the assessment of the performance for essential characteristics of construction products within the product areas for which it is to be designated.
6.General managementEnsure consistency, reliability, objectivity and traceability through the constant application of appropriate management methods.A TAB shall have:(a)a proven record of respect of good administrative behaviour;(b)a policy and the supporting procedures to ensure confidentiality of sensitive information within the TAB and all its partners;(c)a document control system to ensure registration, traceability, maintenance and archiving of all relevant documents;(d)a mechanism for internal audit and management review to ensure the regular monitoring of the compliance with appropriate management methods;(e)a procedure to deal objectively with appeals and complaints.
ANNEX VASSESSMENT AND VERIFICATION OF CONSTANCY OF PERFORMANCE1.SYSTEMS OF ASSESSMENT AND VERIFICATION OF CONSTANCY OF PERFORMANCEThe manufacturer shall draw up the declaration of performance and determine the product-type on the basis of the assessments and verifications of constancy of performance carried out under the following systems:1.1.System 1+(a)The manufacturer shall carry out:(i)factory production control;(ii)further testing of samples taken at the manufacturing plant by the manufacturer in accordance with the prescribed test plan.(b)The notified product certification body shall decide on the issuing, restriction, suspension or withdrawal of the certificate of constancy of performance of the construction product on the basis of the outcome of the following assessments and verifications carried out by that body:(i)an assessment of the performance of the construction product carried out on the basis of testing (including sampling), calculation, tabulated values or descriptive documentation of the product;(ii)initial inspection of the manufacturing plant and of factory production control;(iii)continuing surveillance, assessment and evaluation of factory production control;(iv)audit — testing of samples taken by the notified product certification body at the manufacturing plant or at the manufacturer's storage facilities.1.2.System 1(a)The manufacturer shall carry out:(i)factory production control;(ii)further testing of samples taken at the manufacturing plant by the manufacturer in accordance with the prescribed test plan.(b)The notified product certification body shall decide on the issuing, restriction, suspension or withdrawal of the certificate of constancy of performance of the construction product on the basis of the outcome of the following assessments and verifications carried out by that body:(i)an assessment of the performance of the construction product carried out on the basis of testing (including sampling), calculation, tabulated values or descriptive documentation of the product;(ii)initial inspection of the manufacturing plant and of factory production control;(iii)continuing surveillance, assessment and evaluation of factory production control.1.3.System 2+(a)The manufacturer shall carry out:(i)an assessment of the performance of the construction product on the basis of testing (including sampling), calculation, tabulated values or descriptive documentation of that product;(ii)factory production control;(iii)testing of samples taken at the manufacturing plant by the manufacturer in accordance with the prescribed test plan.(b)The notified factory production control certification body shall decide on the issuing, restriction, suspension or withdrawal of the certificate of conformity of the factory production control on the basis of the outcome of the following assessments and verifications carried out by that body:(i)initial inspection of the manufacturing plant and of factory production control;(ii)continuing surveillance, assessment and evaluation of factory production control.1.4.System 3(a)The manufacturer shall carry out factory production control.(b)The notified laboratory shall assess the performance on the basis of testing (based on sampling carried out by the manufacturer), calculation, tabulated values or descriptive documentation of the construction product.1.5.System 4(a)The manufacturer shall carry out:(i)an assessment of the performance of the construction product on the basis of testing, calculation, tabulated values or descriptive documentation of that product;(ii)factory production control.(b)No tasks require the intervention of notified bodies.1.6.Construction products for which a European Technical Assessment has been issuedNotified bodies undertaking tasks under Systems 1+, 1 and 3 as well as manufacturers undertaking tasks under Systems 2+ and 4 shall consider the European Technical Assessment issued for the construction product in question as the assessment of the performance of that product. Notified bodies and manufacturers shall therefore not undertake the tasks referred to in points 1.1.(b)(i), 1.2.(b)(i), 1.3.(a)(i), 1.4.(b) and 1.5.(a)(i) respectively.2.BODIES INVOLVED IN THE ASSESSMENT AND VERIFICATION OF CONSTANCY OF PERFORMANCEWith 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 body notified, in accordance with Chapter VII, to carry out constancy of performance certification;(2)factory production control certification body: a body notified, in accordance with Chapter VII, to carry out factory production control certification;(3)laboratory: a body notified, in accordance with Chapter VII, to measure, examine, test, calculate or otherwise assess the performance of construction products.3.HORIZONTAL NOTIFICATIONS: CASES OF ESSENTIAL CHARACTERISTICS WHERE REFERENCE TO A RELEVANT HARMONISED TECHNICAL SPECIFICATION IS NOT REQUIRED1.Reaction to fire2.Resistance to fire3.External fire performance4.Acoustic performance5.Emissions of dangerous substances.