欧盟Eurlex法规详细信息

EN
4.4.2011 Official
Journal
of
the
European
Union L
88/5
REGULATION (EU) No 305/2011 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 9 March 2011
laying down harmonised conditions for the marketing of construction products and repealing
Council Directive 89/106/EEC
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
(4) Member
States
have
introduced
provisions,
including
EUROPEAN UNION,
requirements, relating not only to safety of buildings
and other construction works but also to health, dura
bility, energy economy, protection of the environment,
economic aspects, and other important aspects in the
Having regard to the Treaty on the Functioning of the European
public interest. Laws, regulations, administrative
Union, and in particular Article 114 thereof,
measures or case-law, established either at Union or
Member State level, concerning construction works may
have an impact on the requirements of construction
products. Since their effect on the functioning of the
internal market is likely to be very similar, it is appro
Having regard to the proposal from the Commission,
priate to consider such laws, regulations, administrative
measures or case-law as ‘provisions’ for the purposes of
this Regulation.
Having regard to the opinion of the European Economic and
Social Committee ( 1 ),
(5) Where
applicable,
provisions
for
an
intended
use
or
uses
of a construction product in a Member State, aimed at
Acting in accordance with the ordinary legislative procedure ( 2 ),
fulfilling basic requirements for construction works,
determine the essential characteristics the performance
of which should be declared. In order to avoid an
empty declaration of performance, at least one of the
Whereas:
essential characteristics of a construction product which
are relevant for the declared use or uses should be
declared.
(1) The
rules
of
Member
States
require
that
construction
works be designed and executed so as not to endanger
the safety of persons, domestic animals or property nor
damage the environment.
(6) Council
Directive
89/106/EEC
of
21
December
1988
on
the approximation of laws, regulations and administrative
provisions of the Member States relating to construction
products ( 3 ) aimed to remove technical barriers to trade
(2) Those
rules
have
a
direct
influence
on
the
requirements
in the field of construction products in order to enhance
of construction products. Those requirements are
their free movement in the internal market.
consequently reflected in national product standards,
national technical approvals and other national
technical specifications and provisions related to
construction products. Due to their disparity, those
requirements hinder trade within the Union.
(7) In
order
to
achieve
that
objective,
Directive
89/106/EEC
provided for the establishment of harmonised standards
for construction products and provided for the granting
of European technical approvals.
(3) This
Regulation
should
not
affect
the
right
of
Member
States to specify the requirements they deem necessary to
ensure the protection of health, the environment and
workers when using construction products.
( 1 ) OJ C 218, 11.9.2009, p. 15.
(8) Directive
89/106/EEC
should
be
replaced
in
order
to
( 2 ) Position of the European Parliament of 24 April 2009 (OJ C 184 E,
simplify and clarify the existing framework, and
8.7.2010, p. 441), position of the Council at first reading of
improve the transparency and the effectiveness of the
13 September 2010 (OJ C 282 E, 19.10.2010, p. 1), position of
existing measures.
the European Parliament of 18 January 2011 (not yet published in
the Official Journal) and decision of the Council of 28 February
2011.
( 3 ) OJ L 40, 11.2.1989, p. 12.

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L 88/6
EN
Official Journal of the European Union
4.4.2011
(9) This
Regulation
should
take
account
of
the
horizontal
product in question with regard to the provisions in
legal framework for the marketing of products in the
Member States and should ensure a high level of
internal market, established by Regulation (EC) No
protection within the meaning of Article 114 of the
765/2008 of the European Parliament and of the
Treaty on the Functioning of the European Union (TFEU).
Council of 9 July 2008 setting out the requirements
for accreditation and market surveillance relating to the
marketing of products ( 1 ) as well as by Decision No
768/2008/EC of the European Parliament and of the
(17) Threshold
levels
can
be
of
a
technical
or
regulatory
Council of 9 July 2008 on a common framework for
nature, and may be applicable to a single characteristic
the marketing of products ( 2 ).
or to a set of characteristics.
(10) The removal of technical barriers in the field of
construction may only be achieved by the establishment
(18) The
European
Committee
for
Standardisation
(CEN)
and
of harmonised technical specifications for the purposes
the European Committee for Electrotechnical Standard
of assessing the performance of construction products.
isation (Cenelec) are recognised as the competent organi
sations for the adoption of harmonised standards in
accordance with the general guidelines for cooperation
(11) Those
harmonised
technical
specifications
should
include
between the Commission and those two organisations
testing, calculation and other means, defined within
signed on 28 March 2003. Manufacturers should use
harmonised standards and European Assessment
those harmonised standards when the references to
Documents for assessing performance in relation to the
them have been published in the Official Journal of the
essential characteristics of construction products.
European Union and in accordance with the criteria estab
lished under Directive 98/34/EC of the European
Parliament and of the Council of 22 June 1998 laying
(12) The methods used by the Member States in their
down a procedure for the provision of information in the
requirements for construction works, as well as other
field of technical standards and regulations and of rules
national rules relating to the essential characteristics of
on Information Society services ( 3 ). Once a sufficient level
construction products, should be in accordance with
of technical and scientific expertise on all the relevant
harmonised technical specifications.
aspects is attained, recourse to harmonised standards
with regard to construction products should be increased,
including, where appropriate, and after consultation of
(13) Where
appropriate,
classes
of
performance
in
relation
to
the Standing Committee on Construction, by requiring,
the essential characteristics of construction products
by means of mandates, that those standards be developed
should be encouraged to be used in harmonised
on the basis of existing European Assessment
standards, so as to take account of different levels of
Documents.
basic requirements for construction works for certain
construction works as well as of the differences in
climate, geology and geography and other different
conditions prevailing in the Member States. On the
(19) The
procedures
under
Directive
89/106/EEC
for
assessing
basis of a revised mandate, the European standardisation
performance in relation to the essential characteristics of
bodies should be entitled to establish such classes in
construction products not covered by a harmonised
cases where the Commission has not already established
standard should be simplified in order to make them
them.
more transparent and to reduce costs to manufacturers
of construction products.
(14) Where an intended use
requires threshold levels in
relation to any essential characteristic to be fulfilled by
construction products in Member States, those levels
(20) In
order
to
allow
a
manufacturer
of
a
construction
should be established in the harmonised technical spec
product to draw up a declaration of performance for a
ifications.
construction product which is not covered or not fully
covered by a harmonised standard, it is necessary to
provide for a European Technical Assessment.
(15) When assessing the performance of a construction
product, account should also be taken of the health
and safety aspects related to its use during its entire
life cycle.
(21) Manufacturers of construction products should be
allowed to request European Technical Assessments to
be issued for their products on the basis of the guidelines
(16) Threshold
levels
determined
by
the
Commission
pursuant
for European technical approval established under
to this Regulation should be generally recognised values
Directive 89/106/EEC. The right to use those guidelines
for the essential characteristics of the construction
as European Assessment Documents should therefore be
ensured.
( 1 ) OJ L 218, 13.8.2008, p. 30.
( 2 ) OJ L 218, 13.8.2008, p. 82.
( 3 ) OJ L 204, 21.7.1998, p. 37.

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EN
4.4.2011 Official
Journal
of
the
European
Union L
88/7
(22) The establishment of draft European Assessment
Union law that may apply to hazardous substances, in
Documents and the issuing of European Technical
particular, Directive 98/8/EC of the European Parliament
Assessments should be entrusted to Technical
and of the Council of 16 February 1998 concerning the
Assessment Bodies (hereinafter referred to as ‘TABs’)
placing of biocidal products on the market ( 2 ), Directive
designated by Member States. In order to ensure that
2000/60/EC of the European Parliament and of the
TABs have the necessary competence for carrying out
Council of 23 October 2000 establishing a framework
those tasks, the requirements for their designation
for Community action in the field of water policy ( 3 ),
should be set out at Union level.
Regulation (EC) No 1907/2006, Directive 2008/98/EC
of the European Parliament and of the Council of
19 November 2008 on waste ( 4 ) and Regulation (EC)
No 1272/2008 of the European Parliament and of the
Council of 16 December 2008 on classification, labelling
(23) TABs should establish an organisation (hereinafter
and packaging of substances and mixtures ( 5 ).
referred to as an ‘organisation of TABs’), supported,
where applicable, through Union financing, to coordinate
procedures for the establishment of draft European
Assessment Documents and for the issuing of the
European Technical Assessments, ensuring the trans
(26) It
should
be
possible
for
the
declaration
of
performance
parency and the necessary confidentiality of those
to be numbered in accordance with the product-type
procedures.
reference number.
(27) It
is
necessary
to
provide
for
simplified
procedures
for
(24) Except
in
the
cases
laid
down
in
this
Regulation,
the
the drawing up of declarations of performance in order
placing on the market of a construction product which
to alleviate the financial burden of enterprises, in
is covered by a harmonised standard or for which a
particular small and medium-sized enterprises (SMEs).
European Technical Assessment has been issued should
be accompanied by a declaration of performance in
relation to the essential characteristics of the construction
product in accordance with the relevant harmonised
technical specifications.
(28) In
order
to
ensure
that
the
declaration
of
performance
is

accurate and reliable, the performance of the
construction product should be assessed and the
production in the factory should be controlled in
accordance with an appropriate system of assessment
(25) Where
applicable,
the
declaration
of
performance
should
and verification of constancy of performance of the
be accompanied by information on the content of
construction product. Several systems could be chosen
hazardous substances in the construction product in
to be applied for a given construction product, in
order to improve the possibilities for sustainable
order to take into account the specific relationship of
construction and to facilitate the development of
some of its essential characteristics to the basic
environment-friendly products. Such information should
requirements for construction works.
be provided without prejudice to the obligations,
particularly with regard to labelling, laid down in other
instruments of Union law applicable to hazardous
substances and should be made available at the same
(29) Given
the
specificity
of
construction
products
and
the
time and in the same form as the declaration of
particular focus of the system for their assessment, the
performance so as to reach all potential users of
procedures for the conformity assessment provided for in
construction products. Information on the content of
Decision No 768/2008/EC, and the modules set out
hazardous substances should initially be limited to
therein, are not appropriate. Specific methods should
substances referred to in Articles 31 and 33 of Regu
therefore be established for the assessment and verifi
lation (EC) No 1907/2006 of the European Parliament
cation of constancy of performance in relation to the
and of the Council of 18 December 2006 concerning the
essential characteristics of construction products.
Registration, Evaluation, Authorisation and Restriction of
Chemicals (REACH), establishing a European Chemicals
Agency ( 1 ). However, the specific need for information
on the content of hazardous substances in construction
products should be further investigated with a view to
(30) Due to the difference in the meaning of the CE marking
for construction products, when compared to the general
completing the range of substances covered so as to
principles set out in Regulation (EC) No 765/2008,
ensure a high level of protection of the health and
specific provisions should be put in place to ensure the
safety of workers using construction products and of
clarity of the obligation to affix the CE marking to
users of construction works, including with regard to
construction products and the consequences thereof.
recycling and/or reuse requirements of parts or materials.
This Regulation is without prejudice to Member States’
rights and obligations pursuant to other instruments of
( 2 ) OJ L 123, 24.4.1998, p. 1.
( 3 ) OJ L 327, 22.12.2000, p. 1.
( 4 ) OJ L 312, 22.11.2008, p. 3.
( 1 ) OJ L 396, 30.12.2006, p. 1.
( 5 ) OJ L 353, 31.12.2008, p. 1.

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L 88/8
EN
Official Journal of the European Union
4.4.2011
(31) By
affixing
the
CE
marking
or
having
such
marking
when the products in question do not imply significant
affixed to a construction product, manufacturers should
safety concerns while complying with the applicable
indicate that they take responsibility for the conformity
requirements, whatever the origin of those requirements.
of that product with its declared performance.
Enterprises applying those simplified procedures should,
in addition, demonstrate that they qualify as micro-enter
prises. Moreover, they should follow the applicable
procedures for verification of constancy of performance
(32) The
CE
marking
should
be
affixed
to
all
construction
provided for in the harmonised technical specifications
products for which the manufacturer has drawn up a
for their products.
declaration of performance in accordance with this Regu
lation. If a declaration of performance has not been
drawn up, the CE marking should not be affixed.
(39) For an individually designed and manufactured
construction product, the manufacturer should be
allowed to use simplified procedures for the assessment
(33) The CE marking should be the only marking of
of performance, where it can be demonstrated that the
conformity of the construction product with the
product placed on the market complies with the
declared performance and compliance with applicable
applicable requirements.
requirements relating to Union harmonisation legislation.

However, other markings may be used, provided that
they help to improve the protection of users of
construction products and are not covered by existing
Union harmonisation legislation.
(40) The
interpretative
framework
for
the
definition
of
‘non-
series process’, to be applied to different construction
products covered by this Regulation, should be estab
lished by the Commission in consultation with the
(34) To avoid the unnecessary testing of construction
Standing Committee on Construction.
products for which performance has already been
sufficiently demonstrated by stable test results or other
existing data, the manufacturer should be allowed, under
conditions set up in the harmonised technical specifi
cations or in a Commission decision, to declare a
(41) All
economic
operators
intervening
in
the
supply
and
certain level or class of performance without testing or
distribution chain should take appropriate measures to
without further testing.
ensure that they place or make available on the market

only construction products which are in compliance with
the requirements of this Regulation, which aim to ensure
the performance of construction products and fulfil basic
requirements for construction works. In particular,
(35) To
avoid
duplicating
tests
already
carried
out,
a
manu
importers and distributors of construction products
facturer of a construction product should be allowed to
should be aware of the essential characteristics for
use the test results obtained by a third party.
which there are provisions on the Union market, and
of the specific requirements in Member States in
relation to the basic requirements for construction
works, and should use this knowledge in their
(36) Conditions
should
be
defined
for
the
use
of
simplified
commercial transactions.
procedures for the assessment of the performance of
construction products, in order to reduce as far as
possible the cost of placing them on the market,
without reducing the level of safety. The manufacturers
using such simplified procedures should demonstrate
(42) It is important to ensure the accessibility of national
appropriately the fulfilment of those conditions.
technical rules so that enterprises, and in particular
SMEs, can gather reliable and precise information about
the law in force in the Member State where they intend
to place or make available on the market their products.
(37) In
order
to
enhance
the
impact
of
market
surveillance
Member States should therefore designate Product
measures, all simplified procedures provided for in this
Contact Points for Construction for this purpose. In
Regulation for the assessment of the performance of
addition to the tasks defined in Article 10(1) of Regu
construction products should apply only to natural or
lation (EC) No 764/2008 of the European Parliament and
legal persons which manufacture the products they
of the Council of 9 July 2008 laying down procedures
place on the market.
relating to the application of certain national technical
rules to products lawfully marketed in another Member
State ( 1 ), Product Contact Points for Construction should
also provide information on rules applicable to the incor
(38) To
further
decrease
the cost to micro-enterprises
of
poration, assembling or installation of a specific type of
placing construction products, which they have manu
construction product.
factured, on the market, it is necessary to provide for
simplified procedures for the assessment of performance
( 1 ) OJ L 218, 13.8.2008, p. 21.

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EN
4.4.2011 Official
Journal
of
the
European
Union L
88/9
(43) In order
to facilitate the free movement of goods,
recognised in a safeguard clause providing for appro
Product Contact Points for Construction should
priate protective measures.
provide, free of charge, information about provisions
aimed at fulfilling basic requirements for construction
works applicable to the intended use of each
construction product in the territory of each Member
(48) Since it is necessary to ensure throughout the Union a
State. Product Contact Points for Construction may also
uniform level of performance of bodies carrying out the
provide economic operators with additional information
assessment and verification of constancy of performance
or observations. For additional information, Product
of construction products, and since all such bodies
Contact Points for Construction should be allowed to
should perform their functions to the same level and
charge fees that are proportionate to the costs of
under conditions of fair competition, requirements
providing such information or observations. Member
should be set for those bodies seeking to be notified
States should furthermore ensure that sufficient
for the purposes of this Regulation. Provision should
resources are allocated to the Product Contact Points
also be made for the availability of adequate information
for Construction.
about such bodies and for their monitoring.
(49) In
order
to
ensure
a
coherent
level
of
quality
in
the
assessment and verification of constancy of performance
(44) Since the creation of Product Contact Points for
Construction should not interfere with the allocation of
of construction products, it is also necessary to establish
functions among competent authorities within the regu
requirements applicable to the authorities responsible for
latory systems of the Member States, it should be
notifying the bodies carrying out those tasks to the
possible for Member States to set up Product Contact
Commission and the other Member States.
Points for Construction in accordance with regional or
local competences. Member States should be able to
entrust the role of Product Contact Points for
Construction to existing contact points established in
(50) In
accordance
with
Article
291
TFEU,
rules
and
general
accordance with other Union instruments, in order to
principles for the control by Member States of the
prevent the unnecessary proliferation of contact points
Commission’s exercise of implementing powers are to
and to simplify administrative procedures. In order not to
be laid down in advance by a regulation adopted in
increase administrative costs for enterprises and
accordance with the ordinary legislative procedure.
competent authorities, Member States should also be
Pending the adoption of that new regulation, Council
able to entrust the role of Product Contact Points for
Decision 1999/468/EC of 28 June 1999 laying down
Construction not only to existing services within the
the procedures for the exercise of implementing powers
public administration, but also to national SOLVIT
conferred on the Commission ( 1 ) continues to apply, with
centres, chambers of commerce, professional organi
the exception of the regulatory procedure with scrutiny,
sations and private bodies.
which is no longer applicable.


(51) For the purposes of achieving the objectives of this Regu
lation, the Commission should be empowered to adopt
(45) The
Product
Contact
Points
for
Construction
should
be
certain delegated acts in accordance with Article 290
able to carry out their functions in a manner that avoids
TFEU. It is of particular importance that the Commission
conflicts of interest, particularly in respect of the
carry out appropriate consultations during its preparatory
procedures for obtaining the CE marking.
work, including at expert level.
(52) In
particular,
the
Commission
should
be
empowered
to
adopt delegated acts outlining the conditions for the use
(46) For the purposes of ensuring an equivalent and
of websites to make available the declaration of
consistent enforcement of Union harmonisation legis
performance.
lation, effective market surveillance should be operated
by the Member States. Regulation (EC) No 765/2008
provides the basic conditions for the functioning of
such market surveillance, notably for programmes,
financing and penalties.
(53) Since
a
period
of
time
is
required
to
ensure
that
the

framework for the proper functioning of this Regulation
is in place, its application should be deferred with the
exception of the provisions concerning the designation of
TABs, notifying authorities and notified bodies, the estab
lishment of an organisation of TABs and the estab
(47) The
responsibility
of
Member
States
for
safety,
health
and
lishment of the Standing Committee on Construction.
other matters covered by the basic requirements for
construction works on their territory should be
( 1 ) OJ L 184, 17.7.1999, p. 23.

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L 88/10
EN
Official Journal of the European Union
4.4.2011
(54) The
Commission and the Member States should,
in
harmonised rules on how to express the performance of
collaboration with stakeholders, launch information
construction products in relation to their essential characteristics
campaigns to inform the construction sector, particularly
and on the use of CE marking on those products.
economic operators and users of construction products,
of the establishment of a common technical language,
the distribution of responsibilities between individual
Article 2
economic operators and users, the affixing of the CE
marking on construction products, the revision of the
Definitions
basic requirements for construction works and the
For the purposes of this Regulation the following definitions
systems of assessment and verification of constancy of
shall apply:
performance.
1. ‘construction product’ means any product or kit which is
produced and placed on the market for incorporation in a
(55) The basic requirement for construction works on
permanent manner in construction works or parts thereof
sustainable use of natural resources should notably take
and the performance of which has an effect on the
into account the recyclability of construction works, their
performance of the construction works with respect to
materials and parts after demolition, the durability of
the basic requirements for construction works;
construction works and the use of environmentally
compatible raw and secondary materials in construction
works.
2. ‘kit’ means a construction product placed on the market by
a single manufacturer as a set of at least two separate
components that need to be put together to be incor
porated in the construction works;
(56) For the assessment of the sustainable use of resources
and of the impact of construction works on the
environment Environmental Product Declarations
should be used when available.
3. ‘construction works’ means buildings and civil engineering
works;
(57) Wherever
possible,
uniform
European
methods
should
be
4. ‘essential characteristics’ means those characteristics of the
laid down for establishing compliance with the basic
construction product which relate to the basic requirements
requirements set out in Annex I.
for construction works;
5. ‘performance of a construction product’ means the
(58) Since
the
objective
of
this
Regulation,
namely
to
achieve
performance related to the relevant essential characteristics,
the proper functioning of the internal market for
expressed by level or class, or in a description;
construction products by means of harmonised
technical specifications to express the performance of
construction products, cannot be sufficiently achieved
6. ‘level’ means the result of the assessment of the
by the Member States and can therefore, by reason of
performance of a construction product in relation to its
its scale and effects, be better achieved at Union level, the
essential characteristics, expressed as a numerical value;
Union may adopt measures, in accordance with the
principle of subsidiarity as set out in Article 5 of the
Treaty on European Union. In accordance with the
7. ‘class’ means a range of levels, delimited by a minimum and
principle of proportionality, as set out in that Article,
a maximum value, of performance of a construction
this Regulation does not go beyond what is necessary
product;
in order to achieve that objective,
8. ‘threshold level’ means a minimum or maximum
performance level of an essential characteristic of a
HAVE ADOPTED THIS REGULATION:
construction product;
9. ‘product-type’ means the set of representative performance
CHAPTER I
levels or classes of a construction product, in relation to its
GENERAL PROVISIONS
essential characteristics, produced using a given combi
nation of raw materials or other elements in a specific
Article 1
production process;
Subject matter
This Regulation lays down conditions for the placing or making
10. ‘harmonised technical specifications’ means harmonised
available on the market of construction products by establishing
standards and European Assessment Documents;

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EN
4.4.2011 Official
Journal
of
the
European
Union L
88/11
11. ‘harmonised standard’ means a standard adopted by one of
22. ‘authorised representative’ means any natural or legal
the European standardisation bodies listed in Annex I to
person established within the Union who has received a
Directive 98/34/EC, on the basis of a request issued by the
written mandate from a manufacturer to act on his
Commission, in accordance with Article 6 of that Directive;
behalf in relation to specified tasks;
12. ‘European Assessment Document’ means a document
23. ‘withdrawal’ means any measure aimed at preventing a
adopted by the organisation of TABs for the purposes of
construction product in the supply chain from being
issuing European Technical Assessments;
made available on the market;
13. ‘European Technical Assessment’ means the documented
24. ‘recall’ means any measure aimed at achieving the return of
assessment of the performance of a construction product,
a construction product that has already been made available
in relation to its essential characteristics, in accordance with
to the end-user;
the respective European Assessment Document;
25. ‘accreditation’ has the meaning assigned to it by Regulation
14. ‘intended use’ means the intended use of the construction
(EC) No 765/2008;
product as defined in the applicable harmonised technical
specification;
26. ‘factory production control’ means the documented,
permanent and internal control of production in a
15. ‘Specific Technical Documentation’ means documentation
factory, in accordance with the relevant harmonised
demonstrating that methods within the applicable system
technical specifications;
for assessment and verification of constancy of
performance have been replaced by other methods,
provided that the results obtained by those other
27. ‘micro-enterprise’ means a micro-enterprise as defined in
methods are equivalent to the results obtained by the test
the Commission Recommendation of 6 May 2003
methods of the corresponding harmonised standard;
concerning the definition of micro, small and medium-
sized enterprises ( 1 );
16. ‘making available on the market’ means any supply of a
construction product for distribution or use on the Union
28. ‘life cycle’ means the consecutive and interlinked stages of a
market in the course of a commercial activity, whether in
construction product’s life, from raw material acquisition or
return for payment or free of charge;
generation from natural resources to final disposal.
17. ‘placing on the market’ means the first making available of
Article 3
a construction product on the Union market;
Basic requirements for construction works and essential
characteristics of construction products
18. ‘economic operator’ means the manufacturer, importer,
1. The
basic
requirements
for
construction
works
set
out
in
distributor or authorised representative;
Annex I shall constitute the basis for the preparation of stan
dardisation mandates and harmonised technical specifications.
19. ‘manufacturer’ means any natural or legal person who
manufactures a construction product or who has such a
2. The
essential
characteristics
of
construction
products
shall
product designed or manufactured, and markets that
be laid down in harmonised technical specifications in relation
product under his name or trademark;
to the basic requirements for construction works.
20. ‘distributor’ means any natural or legal person in the supply
3. For
specific
families
of
construction
products
covered
by
a
chain, other than the manufacturer or the importer, who
harmonised standard, the Commission shall, where appropriate
makes a construction product available on the market;
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
21. ‘importer’ means any natural or legal person established
when it is placed on the market.
within the Union, who places a construction product
from a third country on the Union market;
( 1 ) OJ L 124, 20.5.2003, p. 36.

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L 88/12
EN
Official Journal of the European Union
4.4.2011
Where appropriate, the Commission shall also determine, by
responsible for the safe execution of the construction
means of delegated acts in accordance with Article 60, the
works designated under the applicable national rules;
threshold levels for the performance in relation to the
essential characteristics to be declared.
(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
CHAPTER II
responsible for the safe execution of the construction
DECLARATION OF PERFORMANCE AND CE MARKING
works designated under the applicable national rules; or
Article 4
Declaration of performance
(c) the construction product is manufactured in a traditional
manner or in a manner appropriate to heritage conservation
1. When a construction product is covered by a harmonised
and in a non-industrial process for adequately renovating
standard or conforms to a European Technical Assessment
construction works officially protected as part of a
which has been issued for it, the manufacturer shall draw up
designated environment or because of their special archi
a declaration of performance when such a product is placed on
tectural or historic merit, in compliance with the applicable
the market.
national rules.
Article 6
2. When a construction product is covered by a harmonised
Content of the declaration of performance
standard or conforms to a European Technical Assessment
which has been issued for it, information in any form about
1. The declaration of performance shall express the
its performance in relation to the essential characteristics, as
performance of construction products in relation to the
defined in the applicable harmonised technical specification,
essential characteristics of those products in accordance with
may be provided only if included and specified in the
the relevant harmonised technical specifications.
declaration of performance except where, in accordance with
Article 5, no declaration of performance has been drawn up.
2. The
declaration
of
performance
shall
contain,
in
particular,
the following information:
3. By drawing up the declaration of performance, the manu
(a) the reference of the product-type for which the declaration
facturer shall assume responsibility for the conformity of the
of performance has been drawn up;
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
(b) the system or systems of assessment and verification of
by the manufacturer to be accurate and reliable.
constancy of performance of the construction product, as
set out in Annex V;
(c) the reference number and date of issue of the harmonised
Article 5
standard or the European Technical Assessment which has
Derogations from drawing up a declaration of performance
been used for the assessment of each essential characteristic;
By way of derogation from Article 4(1) and in the absence of
Union or national provisions requiring the declaration of
(d) where applicable, the reference number of the Specific
essential characteristics where the construction products are
Technical Documentation used and the requirements with
intended to be used, a manufacturer may refrain from
which the manufacturer claims the product complies.
drawing up a declaration of performance when placing a
construction product covered by a harmonised standard on
the market where:
3. The
declaration
of
performance
shall
in
addition
contain:
(a) the intended use or uses for the construction product, in
(a) the construction product is individually manufactured or
accordance with the applicable harmonised technical spec
custom-made in a non-series process in response to a
ification;
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
(b) the list of essential characteristics, as determined in the
construction works, in compliance with the applicable
harmonised technical specification for the declared
national rules and under the responsibility of those
intended use or uses;

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EN
4.4.2011 Official
Journal
of
the
European
Union L
88/13
(c) the performance of at least one of the essential char
declaration of performance remains available at least for the
acteristics of the construction product, relevant for the
period referred to in Article 11(2).
declared intended use or uses;
4. The
declaration
of
performance
shall
be
supplied
in
the
(d) where applicable, the performance of the construction
language or the languages required by the Member State where
product, by levels or classes, or in a description, if
the product is made available.
necessary based on a calculation in relation to its essential
characteristics determined in accordance with Article 3(3);
Article 8
(e) the performance of those essential characteristics of the
General principles and use of CE marking
construction product which are related to the intended
use or uses, taking into consideration the provisions in
1. The general principles set out in Article 30 of Regulation
relation to the intended use or uses where the manufacturer
(EC) No 765/2008 shall apply to the CE marking.
intends the product to be made available on the market;
2. The
CE
marking
shall
be
affixed
to
those
construction
(f) for the listed essential characteristics for which no
products for which the manufacturer has drawn up a
performance is declared, the letters ‘NPD’ (No Performance
declaration of performance in accordance with Articles 4 and 6.
Determined);
If a declaration of performance has not been drawn up by the
(g) when a European Technical Assessment has been issued for
manufacturer in accordance with Articles 4 and 6, the CE
that product, the performance, by levels or classes, or in a
marking shall not be affixed.
description, of the construction product in relation to all
essential characteristics contained in the corresponding
European Technical Assessment.
By affixing or having affixed the CE marking, manufacturers
indicate that they take responsibility for the conformity of the
4. The
declaration
of
performance
shall
be
drawn
up
using construction product with the declared performance as well as
the model set out in Annex III.
the compliance with all applicable requirements laid down in
this Regulation and in other relevant Union harmonisation
legislation providing for its affixing.
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.
The rules for affixing the CE marking provided for in other
relevant Union harmonisation legislation shall apply without
prejudice to this paragraph.
Article 7
Supply of the declaration of performance
3. For
any
construction
product
covered
by
a
harmonised
1. A copy of the declaration of performance of each product
standard, or for which a European Technical Assessment has
which is made available on the market shall be supplied either
been issued, the CE marking shall be the only marking which
in paper form or by electronic means.
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.
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.
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
2. A paper copy of the declaration of performance shall be
in relation to the essential characteristics covered by a
supplied if the recipient requests it.
harmonised standard other than the CE marking.
3. By way of derogation from paragraphs 1 and 2, the copy
4. A
Member
State
shall
not
prohibit
or
impede,
within
its
of the declaration of performance may be made available on a
territory or under its responsibility, the making available on the
web site in accordance with conditions to be established by the
market or the use of construction products bearing the CE
Commission by means of delegated acts in accordance with
marking, when the declared performances correspond to the
Article 60. Such conditions shall, inter alia, guarantee that the
requirements for such use in that Member State.

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L 88/14
EN
Official Journal of the European Union
4.4.2011
5. A
Member
State
shall
ensure
that
the
use
of
construction basic requirements for construction works applicable for the
products bearing the CE marking shall not be impeded by rules
intended use of each construction product, as provided for in
or conditions imposed by public bodies or private bodies acting
Article 6(3)(e) of this Regulation.
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.
4. Product
Contact
Points
for
Construction
shall
be
able
to
carry out their functions in a manner that avoids conflicts of
interest, particularly in respect of the procedures for obtaining
the CE marking.
6. The
methods
used
by
the
Member
States
in
their
requirements for construction works, as well as other national
rules in relation to the essential characteristics of construction
CHAPTER III
products, shall be in accordance with harmonised standards.
OBLIGATIONS OF ECONOMIC OPERATORS
Article 11
Article 9
Obligations of manufacturers
Rules and conditions for the affixing of CE marking
1. Manufacturers
shall
draw
up
a
declaration
of
performance
1. The
CE
marking
shall
be
affixed
visibly,
legibly
and in accordance with Articles 4 and 6, and affix the CE marking
indelibly to the construction product or to a label attached to
in accordance with Articles 8 and 9.
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.
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
2. The
CE
marking
shall
be
followed
by
the
two
last
digits
of assessment and verification of constancy of performance.
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
2. Manufacturers
shall
keep
the
technical
documentation
and
manufacturer easily and without any ambiguity, the unique
the declaration of performance for a period of 10 years after the
identification code of the product-type, the reference number
construction product has been placed on the market.
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
Where appropriate, the Commission may, by means of
down in the harmonised technical specification applied.
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. 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
3. Manufacturers
shall
ensure
that
procedures
are
in
place
to
or use.
ensure that series production maintains the declared
performance. Changes in the product-type and in the applicable
harmonised technical specifications shall be adequately taken
Article 10
into account.
Product Contact Points for Construction
1. Member
States
shall
designate
Product
Contact
Points
for
Manufacturers shall, where deemed appropriate with regard to
Construction pursuant to Article 9 of Regulation (EC) No
ensuring the accuracy, reliability and stability of the declared
764/2008.
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
2. Articles 10 and 11 of Regulation (EC) No 764/2008 shall
recalls, and keep distributors informed of any such monitoring.
apply to Product Contact Points for Construction.
4. Manufacturers shall ensure that their construction
3. With
regard
to
the
tasks
defined
in
Article
10(1)
of
Regu
products bear a type, batch or serial number or any other
lation (EC) No 764/2008, each Member State shall ensure that
element allowing their identification, or, where the size or
the Product Contact Points for Construction provide
nature of the product does not allow it, that the required
information, using transparent and easily understandable
information is provided on the packaging or in a document
terms, on the provisions within its territory aimed at fulfilling
accompanying the construction product.

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EN
4.4.2011 Official
Journal
of
the
European
Union L
88/15
5. Manufacturers
shall
indicate
on
the
construction
product (b) further to a reasoned request from a competent national
or, where that is not possible, on its packaging or in a
authority, provide that authority with all the information
document accompanying it, their name, registered trade name
and documentation necessary to demonstrate the
or registered trade mark and their contact address. The address
conformity of the construction product with the declaration
shall indicate a single point at which the manufacturer can be
of performance and compliance with other applicable
contacted.
requirements in this Regulation;
6. When
making
a
construction
product
available
on
the (c) cooperate with the competent national authorities, at their
market, manufacturers shall ensure that the product is accom
request, on any action taken to eliminate the risks posed by
panied by instructions and safety information in a language
construction products covered by the mandate of the au-
determined by the Member State concerned which can be
thorised representative.
easily understood by users.
Article 13
7. Manufacturers
who
consider
or
have
reason
to
believe
that
a construction product which they have placed on the market is
Obligations of importers
not in conformity with the declaration of performance or not in
compliance with other applicable requirements in this Regu
1. Importers shall place
on the Union market only
lation, shall immediately take the necessary corrective
construction products which are compliant with the applicable
measures to bring that construction product into conformity,
requirements of this Regulation.
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
2. Before
placing
a
construction
product
on
the
market,
to that effect, giving details, in particular, of the non-compliance
importers shall ensure that the assessment and the verification
and of any corrective measures taken.
of constancy of performance has been carried out by the manu
facturer. They shall ensure that the manufacturer has drawn up
the technical documentation referred to in the second
subparagraph of Article 11(1) and the declaration of
8. Manufacturers
shall,
further
to
a
reasoned
request
from
a performance in accordance with Articles 4 and 6. They shall
competent national authority, provide it with all the
also ensure that the product, where required, bears the CE
information and documentation necessary to demonstrate the
marking, that the product is accompanied by the required
conformity of the construction product with the declaration of
documents and that the manufacturer has complied with the
performance and compliance with other applicable requirements
requirements set out in Article 11(4) and (5).
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.
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
Article 12
the construction product on the market until it conforms to
the accompanying declaration of performance and it complies
Authorised representatives
with the other applicable requirements in this Regulation or
1. A
manufacturer
may
appoint,
by
written
mandate,
an until the declaration of performance is corrected. Furthermore,
authorised representative.
where the construction product presents a risk, the importer
shall inform the manufacturer and the market surveillance
authorities thereof.
The drawing up of technical documentation shall not form part
of the authorised representative’s mandate.
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
2. An
authorised
representative
shall
perform
the
tasks registered trade mark and their contact address.
specified in the mandate. The mandate shall allow the au-
thorised representative to carry out at least the following tasks:
4. Importers
shall
ensure
that,
when
making
a
construction
product available on the market, the product is accompanied by
(a) keep the declaration of performance and the technical docu
instructions and safety information in a language determined by
mentation at the disposal of national surveillance authorities
the Member State concerned which can be easily understood by
for the period referred to in Article 11(2);
users.

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L 88/16
EN
Official Journal of the European Union
4.4.2011
5. Importers
shall
ensure
that,
while
a
construction
product importer have complied with the requirements set out in
is under their responsibility, storage or transport conditions do
Article 11(4) and (5) and Article 13(3) respectively.
not jeopardise its conformity with the declaration of
performance and compliance with other applicable requirements
in this Regulation.
Where a distributor considers or has reason to believe that a
construction product is not in conformity with the declaration
6. Importers
shall,
when
deemed
appropriate
with
regard
to of performance or not in compliance with other applicable
ensuring the accuracy, reliability and stability of the declared
requirements in this Regulation, the distributor shall not make
performance of a construction product, carry out sample
the product available on the market until it conforms to the
testing of construction products placed or made available on
accompanying declaration of performance and it complies with
the market, investigate, and, if necessary, keep a register of
the other applicable requirements in this Regulation or until the
complaints, of non-conforming products and of product
declaration of performance is corrected. Furthermore, where the
recalls, and shall keep distributors informed of any such moni
product presents a risk, the distributor shall inform the manu
toring.
facturer or the importer thereof, and the market surveillance
authorities.
7. Importers
who
consider
or
have
reason
to
believe
that
a
construction product which they have placed on the market is
3. A
distributor
shall
ensure
that,
while
a
construction
not in conformity with the declaration of performance or not in
product is under his responsibility, storage or transport
compliance with other applicable requirements in this Regu
conditions do not jeopardise its conformity with the declaration
lation, shall immediately take the necessary corrective
of performance and compliance with other applicable
measures to bring that construction product into conformity,
requirements in this Regulation.
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,
4. Distributors
who
consider
or
have
reason
to
believe
that
a
giving details, in particular, of the non-compliance and of any
construction product which they have made available on the
corrective measures taken.
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
8. Importers
shall,
for
the
period
referred
to
in
Article
11(2), corrective measures necessary to bring that product in
keep a copy of the declaration of performance at the disposal of
conformity, to withdraw it or recall it, as appropriate, are
the market surveillance authorities and ensure that the technical
taken. Furthermore, where the product presents a risk,
documentation is made available to those authorities, upon
distributors shall immediately inform the competent national
request.
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.
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
5. Distributors
shall,
further
to
a
reasoned
request
from
a
performance and compliance with other applicable requirements
competent national authority, provide it with all the
in this Regulation, in a language which can be easily understood
information and documentation necessary to demonstrate the
by that authority. They shall cooperate with that authority, at its
conformity of the construction product with the declaration of
request, on any action taken to eliminate the risks posed by
performance and compliance with other applicable requirements
construction products which they have placed on the market.
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
Article 14
market.
Obligations of distributors
1. When
making
a
construction
product
available
on
the
market, distributors shall act with due care in relation to the
Article 15
requirements of this Regulation.
Cases in which obligations of manufacturers apply to
importers and distributors
2. Before
making
a
construction
product
available
on
the An importer or distributor shall be considered a manufacturer
market distributors shall ensure that the product, where
for the purposes of this Regulation and shall be subject to the
required, bears the CE marking and is accompanied by the
obligations of a manufacturer pursuant to Article 11, where he
documents required under this Regulation and by instructions
places a product on the market under his name or trademark or
and safety information in a language determined by the Member
modifies a construction product already placed on the market in
State concerned which can be easily understood by users.
such a way that conformity with the declaration of performance
Distributors shall also ensure that the manufacturer and the
may be affected.

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EN
4.4.2011 Official
Journal
of
the
European
Union L
88/17
Article 16
The harmonised standard shall include technical details
necessary for the implementation of the system of assessment
Identification of economic operators
and verification of constancy of performance.
For the period referred to in Article 11(2), economic operators
shall, on request, identify the following to market surveillance
authorities:
5. The Commission shall assess the conformity of
harmonised standards established by the European standard
isation bodies with the relevant mandates.
(a) any economic operator who has supplied them with a
product;
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.
(b) any economic operator to whom they have supplied a
product.
The following shall be indicated for each harmonised standard
in the list:
CHAPTER IV
HARMONISED TECHNICAL SPECIFICATIONS
(a) references of superseded harmonised technical specifications,
Article 17
if any;
Harmonised standards
1. Harmonised standards shall be established by the (b) date of the beginning of the coexistence period;
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
(c) date of the end of the coexistence period.
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’).
The Commission shall publish any updates to that list.
From the date of the beginning of the coexistence period it shall
2. Where
stakeholders
are
involved
in
the
process
of be possible to use a harmonised standard to make a declaration
developing harmonised standards pursuant to this Article, the
of performance for a construction product covered by it.
European standardisation bodies shall ensure that the various
National standardisation bodies are under the obligation to
categories of stakeholders are in all instances represented in a
transpose the harmonised standards in conformity with
fair and equitable manner.
Directive 98/34/EC.
3. Harmonised
standards
shall
provide
the
methods
and
the Without prejudice to Articles 36 to 38, from the date of the
criteria for assessing the performance of the construction
end of the coexistence period, the harmonised standard shall be
products in relation to their essential characteristics.
the only means used for drawing up a declaration of
performance for a construction product covered by it.
When provided for in the relevant mandate, a harmonised
standard shall refer to an intended use of products to be
At the end of the coexistence period, conflicting national
covered by it.
standards shall be withdrawn and Member States shall
terminate the validity of all conflicting national provisions.
Harmonised standards shall, where appropriate and without
Article 18
endangering the accuracy, reliability or stability of the results,
provide methods less onerous than testing for assessing the
Formal objection against harmonised standards
performance of the construction products in relation to their
essential characteristics.
1. When
a
Member
State
or
the
Commission
considers
that
a
harmonised standard does not entirely satisfy the requirements
set out in the relevant mandate, the Member State concerned or
the Commission, after having consulted the Standing
4. The
European
standardisation
bodies
shall
determine
in Committee on Construction, shall bring the matter before the
harmonised standards the applicable factory production
Committee set up pursuant to Article 5 of Directive 98/34/EC,
control, which shall take into account the specific conditions
giving its arguments. That Committee shall, after having
of the manufacturing process of the construction product
consulted the relevant European standardisation bodies deliver
concerned.
its opinion without delay.

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L 88/18
EN
Official Journal of the European Union
4.4.2011
2. In the light of the opinion of the Committee set up
(a) be transparent to the manufacturer concerned;
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
(b) define appropriate mandatory time limits in order to avoid
concerned in the Official Journal of the European Union.
unjustified delay;
3. The
Commission
shall
inform
the
European
standard
(c) take appropriately into account the protection of
isation body concerned of its decision and, if necessary,
commercial secrecy and confidentiality;
request the revision of the harmonised standard concerned.
(d) allow for adequate participation by the Commission;
Article 19
European Assessment Document
1. Following a request for a European Technical Assessment
(e) be cost-effective for the manufacturer; and
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
(f) ensure sufficient collegiality and coordination amongst
harmonised standard, for which the performance in relation
TABs designated for the product in question.
to its essential characteristics cannot be entirely assessed
according to an existing harmonised standard, because, inter
alia:
2. The
TABs
shall,
together
with
the
organisation
of
TABs,
bear the full costs of the development and adoption of
European Assessment Documents.
(a) the product does not fall within the scope of any existing
harmonised standard;
Article 21
(b) for at least one essential characteristic of that product, the
Obligations of the TAB receiving a request for a European
assessment method provided for in the harmonised standard
Technical Assessment
is not appropriate; or
1. The TAB receiving a request for a European Technical
Assessment shall inform the manufacturer if the construction
(c) the harmonised standard does not provide for any
product is covered, fully or partially, by a harmonised technical
assessment method in relation to at least one essential char
specification as follows:
acteristic of that product.
(a) where the product is fully covered by a harmonised
2. The
procedure
for
adopting
the
European
Assessment
standard, the TAB shall inform the manufacturer that, in
Document shall respect the principles set out in Article 20
accordance with Article 19(1), a European Technical
and shall comply with Article 21 and Annex II.
Assessment cannot be issued;
3. The
Commission
may
adopt
delegated
acts
in
accordance
with Article 60 to amend Annex II and establish supplementary
(b) where the product is fully covered by a European
procedural rules for the development and adoption of a
Assessment Document, the TAB shall inform the manu
European Assessment Document.
facturer that such a document will be used as the basis
for the European Technical Assessment to be issued;
4. Where appropriate, the Commission, after having
consulted the Standing Committee on Construction, shall take
(c) where the product is not covered, or not fully covered, by
existing European Assessment Documents as a basis for the
any harmonised technical specification, the TAB shall apply
mandates to be issued pursuant to Article 17(1) with a view
the procedures set out in Annex II or those established in
to developing harmonised standards as regards the products
accordance with Article 19(3).
referred to in paragraph 1 of this Article.
2. In the cases referred to in points (b) and (c) of paragraph
Article 20
1, the TAB shall inform the organisation of TABs and the
Principles for the development and adoption of European
Commission of the content of the request and of the
Assessment Documents
reference to a relevant Commission decision for assessment
and verification of constancy of performance, which the TAB
1. The
procedure
for
developing
and
adopting
European intends to apply for that product, or of the lack of such a
Assessment Documents shall:
Commission decision.

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EN
4.4.2011 Official
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of
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European
Union L
88/19
3. If
the
Commission
considers
that
an
appropriate
decision demands to be met in relation to the basic requirements for
for assessment and verification of constancy of performance
construction works set out in Annex I, the Member State
does not exist for the construction product, Article 28 shall
concerned or the Commission shall bring the matter before
apply.
the Standing Committee on Construction, giving its arguments.
The Standing Committee on Construction shall, after having
consulted the organisation of TABs, deliver its opinion
Article 22
without delay.
Publication
European Assessment Documents adopted by the organisation
2. In the light of the opinion of the Standing Committee on
of TABs shall be sent to the Commission, which shall publish a
Construction, the Commission shall decide to publish, not to
list of references of the final European Assessment Documents
publish, to publish with restriction, to maintain, to maintain
in the Official Journal of the European Union.
with restriction or to withdraw the references to the European
Assessment Documents concerned in the Official Journal of the
European Union.
The Commission shall publish any updates to that list.
3. The Commission shall inform the organisation of TABs
Article 23
accordingly and, if necessary, request the revision of the
European Assessment Document concerned.
Dispute resolution in cases of disagreement between TABs
If the TABs do not agree upon the European Assessment
Document within the time limits provided for, the organisation
Article 26
of TABs shall submit this matter to the Commission for appro
priate resolution.
European Technical Assessment
1. The
European
Technical
Assessment
shall
be
issued
by
a
TAB, at the request of a manufacturer on the basis of a
Article 24
European Assessment Document established in accordance
with the procedures set out in Article 21 and Annex II.
Content of the European Assessment Document
1. A
European
Assessment
Document
shall
contain,
at
least,
a general description of the construction product, the list of
Provided that there is a European Assessment Document, a
essential characteristics, relevant for the intended use of the
European Technical Assessment may be issued even in the
product as foreseen by the manufacturer and agreed between
case where a mandate for a harmonised standard has been
the manufacturer and the organisation of TABs, as well as the
issued. Such issuing shall be possible until the beginning of
methods and criteria for assessing the performance of the
the coexistence period as determined by the Commission in
product in relation to those essential characteristics.
accordance with Article 17(5).
2. Principles
for
the
applicable
factory
production
control
to
be applied shall be set out in the European Assessment
2. The
European
Technical
Assessment
shall
include
the
Document, taking into account the conditions of the manufac
performance to be declared, by levels or classes, or in a
turing process of the construction product concerned.
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
3. Where the performance of some of the essential char
system of assessment and verification of constancy of
acteristics of the product can appropriately be assessed with
performance.
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
3. In
order
to
ensure
the
uniform
implementation
of
this
issuing European technical approvals, those existing methods
Article, the Commission shall adopt implementing acts to
and criteria shall be incorporated as parts of the European
establish the format of the European Technical Assessment in
Assessment Document.
accordance with the procedure referred to in Article 64(2).
Article 25
Article 27
Formal objections against European Assessment
Levels or classes of performance
Documents
1. The
Commission
may
adopt
delegated
acts
in
accordance
1. Where
a
Member
State
or
the
Commission
considers
that with Article 60, to establish classes of performance in relation
a European Assessment Document does not entirely satisfy the
to the essential characteristics of construction products.

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Official Journal of the European Union
4.4.2011
2. Where the Commission has established classes of
Article 28
performance in relation to the essential characteristics of
construction products, the European standardisation bodies
Assessment and verification of constancy of performance
shall use those classes in harmonised standards. The organi
1. Assessment
and
verification
of
constancy
of
performance
sation of TABs shall where relevant use those classes in
of construction products in relation to their essential char
European Assessment Documents.
acteristics shall be carried out in accordance with one of the
systems set out in Annex V.
Where classes of performance in relation to the essential char
acteristics of construction products are not established by the
2. By
means
of
delegated
acts
in
accordance
with
Article
60,
Commission, they may be established by the European stan
the Commission shall establish and may revise, taking into
dardisation bodies in harmonised standards, on the basis of a
account in particular the effect on the health and safety of
revised mandate.
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
3. When
provided
for
in
the
relevant
mandates,
the documented experiences forwarded by national authorities
European standardisation bodies shall establish in harmonised
with regard to market surveillance.
standards threshold levels in relation to essential characteristics
and, when appropriate, for intended uses, to be fulfilled by
construction products in Member States.
The Commission shall choose the least onerous system or
systems consistent with the fulfilment of all basic requirements
for construction works.
4. Where
the
European
standardisation
bodies
have
estab
lished classes of performance in a harmonised standard, the
organisation of TABs shall use those classes in the European
Assessment Documents where they are relevant for the
3. The
system
or
systems
thus
determined
shall
be
indicated
construction product.
in the mandates for harmonised standards and in the
harmonised technical specifications.
When deemed appropriate, the organisation of TABs may, with
the agreement of the Commission and after consulting the
CHAPTER V
Standing Committee on Construction, establish in the
European Assessment Document classes of performance and
TECHNICAL ASSESSMENT BODIES
threshold levels in relation to the essential characteristics of a
Article 29
construction product within its intended use as foreseen by the
manufacturer.
Designation, monitoring and evaluation of TABs
1. Member
States
may
designate
TABs
within
their
territories,
notably for one or several product areas listed in Table 1 of
5. The
Commission
may
adopt
delegated
acts
in
accordance Annex IV.
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
Member States which have designated a TAB shall communicate
testing.
to the other Member States and the Commission its name and
address and the product areas for which that TAB is designated.
Where such conditions are not established by the Commission,
they may be established by the European standardisation bodies
2. The
Commission
shall
make
publicly
available
by
elec
in harmonised standards, on the basis of a revised mandate.
tronic means the list of TABs indicating the product areas for
which they are designated, endeavouring to achieve the highest
possible level of transparency.
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
The Commission shall make any updates to that list publicly
by construction products in relation to their essential char
available.
acteristics only in accordance with those classification systems.
3. Member States shall monitor the activities and
7. The
European
standardisation
bodies
and
the
organisation competence of the TABs they have designated, and evaluate
of TABs shall respect the regulatory needs of Member States
them in relation to the respective requirements set out in
when determining threshold levels or classes of performance.
Table 2 of Annex IV.

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Member States shall inform the Commission of their national
Council shall be informed of the conclusion of any such
procedures for the designation of TABs, of the monitoring of
agreement.
their activity and competence, and of any changes to that
information.
4. The organisation of TABs shall at least carry out the
following tasks:
4. The
Commission
shall
adopt
guidelines
for
carrying
out
the evaluation of TABs, after consulting the Standing
Committee on Construction.
(a) organise the coordination of the TABs and, if necessary,
ensure cooperation and consultation with other stake
holders;
Article 30
Requirements for TABs
(b) ensure that examples of best practice are shared between
TABs to promote greater efficiency and provide a better
1. A
TAB
shall
carry
out
the
assessment
and
issue
the
service to industry;
European Technical Assessment in a product area for which it
has been designated.
(c) coordinate the application of the procedures set out in
Article 21 and in Annex II, as well as provide the support
The TAB shall satisfy the requirements set out in Table 2 of
needed to that end;
Annex IV within the scope of its designation.
(d) develop and adopt European Assessment Documents;
2. A TAB shall make publicly available its organigram and
the names of the members of its internal decision-making
bodies.
(e) inform the Commission of any question related to the prep
aration of European Assessment Documents and of any
aspects related to the interpretation of the procedures set
out in Article 21 and in Annex II and suggest
3. Where a TAB no longer complies with the requirements
improvements to the Commission based on experience
referred to in paragraph 1, the Member State shall withdraw the
gained;
designation of that TAB for the relevant product area and
inform the Commission and the other Member States thereof.
(f) communicate any observations concerning a TAB not
fulfilling its tasks in accordance with the procedures set
Article 31
out in Article 21 and in Annex II to the Commission and
Coordination of TABs
the Member State which designated the TAB;
1. The
TABs
shall
establish
an
organisation
for
technical
assessment.
(g) ensure that adopted European Assessment Documents and
references to European Technical Assessments are kept
publicly available.
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,
The organisation of TABs shall have a Secretariat in order to
Euratom) No 2342/2002 of 23 December 2002 laying down
carry out these tasks.
detailed rules for the implementation of Council Regulation (EC,
Euratom) No 1605/2002 on the Financial Regulation applicable
to the general budget of the European Communities ( 1 ).
5. Member
States
shall
ensure
that
the
TABs
contribute
with
financial and human resources to the organisation of TABs.
3. The
common
cooperation
objectives
and
the
adminis
trative and financial conditions relating to the grants awarded
Article 32
to the organisation of TABs may be defined in a framework
Union financing
partnership agreement signed by the Commission and that
organisation, in accordance with Council Regulation (EC,
1. Union
financing
may
be
granted
to
the
organisation
of
Euratom) No 1605/2002 of 25 June 2002 on the Financial
TABs for the implementation of the tasks referred to in
Regulation applicable to the general budget of the European
Article 31(4).
Communities ( 2 ) (the Financial Regulation) and Regulation (EC,
Euratom) No 2342/2002. The European Parliament and the
2. The
appropriations
allocated
to
the
tasks
set
out
in
( 1 ) OJ L 357, 31.12.2002, p. 1.
Article 31(4) shall be determined each year by the budgetary
( 2 ) OJ L 248, 16.9.2002, p. 1.
authority within the limits of the financial framework in force.

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Official Journal of the European Union
4.4.2011
Article 33
Regulation (Euratom, EC) No 2185/96 of 11 November 1996
concerning on-the-spot checks and inspections carried out by
Financing arrangements
the Commission in order to protect the European Communities’
1. Union
financing
shall
be
provided,
without
a
call
for financial interests against fraud and other irregularities ( 2 ) and
proposals, to the organisation of TABs to carry out the tasks
Regulation (EC) No 1073/1999 of the European Parliament and
referred to in Article 31(4) for which grants can be awarded in
of the Council of 25 May 1999 concerning investigations
accordance with the Financial Regulation.
conducted by the European Anti-Fraud Office (OLAF) ( 3 ).
2. The
activities
of
the
Secretariat
of
the
organisation
of 2. For
the
activities
financed
under
this
Regulation,
the
TABs, referred to in Article 31(4), may be financed on the
notion of irregularity referred to in Article 1(2) of Regulation
basis of operating grants. In the event of renewal, the
(EC, Euratom) No 2988/95 shall mean any infringement of a
operating grants shall not be decreased automatically.
provision of Union law or any breach of a contractual obli
gation resulting from an act or omission by an economic
operator which has, or would have, the effect of prejudicing
the general budget of the Union or budgets managed by it by
3. Grant
agreements
may
authorise
flat-rate
cover
of
the an unjustified item of expenditure.
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.
3. Any
agreements
and
contracts
resulting
from
this
Regu
lation shall provide for monitoring and financial control by the
Commission or any representative which it authorises and for
audits by the Court of Auditors, which, if necessary, may be
Article 34
conducted on-the-spot.
Management and monitoring
1. The
appropriations
determined
by
the
budgetary
authority
for the financing of tasks set out in Article 31(4) may also cover
CHAPTER VI
administrative expenses relating to preparation, monitoring,
SIMPLIFIED PROCEDURES
inspection, auditing and evaluation which are directly
necessary for the achievement of the objectives of this Regu
Article 36
lation, and in particular studies, meetings, information and
publication activities, expenses relating to informatics
Use of Appropriate Technical Documentation
networks for the exchange of information and any other expen
1. In
determining
the
product-type,
a
manufacturer
may
diture on administrative and technical assistance which the
replace type-testing or type-calculation by Appropriate
Commission may use for activities related to the development
Technical Documentation demonstrating that:
and adoption of European Assessment Documents and the
issuing of European Technical Assessments.
(a) for one or several essential characteristics of the
construction product, which the manufacturer places on
2. The Commission shall evaluate the relevance of the tasks
the market, that product is deemed to achieve a certain
set out in Article 31(4) that receive Union financing in the light
level or class of performance without testing or calculation,
of the requirements of Union policies and legislation, and
or without further testing or calculation, in accordance with
inform the European Parliament and the Council of the
the conditions set out in the relevant harmonised technical
outcome of that evaluation by 1 January 2017 and every 4
specification or a Commission decision;
years thereafter.
(b) the construction product, covered by a harmonised
Article 35
standard, which the manufacturer places on the market
Protection of the Union’s financial interests
corresponds to the product-type of another construction
product, manufactured by another manufacturer and
1. The
Commission
shall
ensure
that
when
the
activities
already tested in accordance with the relevant harmonised
financed under this Regulation are implemented, the Union’s
standard. When these conditions are fulfilled, the manu
financial interests are protected by the application of preventive
facturer is entitled to declare performance corresponding
measures against fraud, corruption and other illegal activities, by
to all or part of the test results of this other product. The
effective checks and by the recovery of amounts unduly paid
manufacturer may use the test results obtained by another
and, if irregularities are detected, by effective, proportionate and
manufacturer only after having obtained an authorisation of
dissuasive penalties, in accordance with Council Regulation (EC,
that manufacturer, who remains responsible for the
Euratom) No 2988/95 of 18 December 1995 on the protection
accuracy, reliability and stability of those test results; or
of the European Communities’ financial interests ( 1 ), Council
( 2 ) OJ L 292, 15.11.1996, p. 2.
( 1 ) OJ L 312, 23.12.1995, p. 1.
( 3 ) OJ L 136, 31.5.1999, p. 1.

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(c) the construction product, covered by a harmonised
2. If
the
construction
product
referred
to
in
paragraph
1
technical specification, which the manufacturer places on
belongs to a family of construction products for which the
the market is a system made of components, which the
applicable system for assessment and verification of constancy
manufacturer assembles duly following precise instructions
of performance is system 1 + or 1, as set out in Annex V, the
given by the provider of such a system or of a component
Specific Technical Documentation shall be verified by a notified
thereof, who has already tested that system or that
product certification body as referred to in Annex V.
component for one or several of its essential characteristics
in accordance with the relevant harmonised technical spec
ification. When these conditions are fulfilled, the manu
facturer is entitled to declare performance corresponding
CHAPTER VII
to all or part of the test results for the system or the
NOTIFYING AUTHORITIES AND NOTIFIED BODIES
component provided to him. The manufacturer may use
the test results obtained by another manufacturer or
Article 39
system provider only after having obtained an authorisation
Notification
of that manufacturer or system provider, who remains
responsible for the accuracy, reliability and stability of
Member States shall notify the Commission and the other
those test results.
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’).
2. If
the
construction
product
referred
to
in
paragraph
1
belongs to a family of construction products for which the
Article 40
applicable system for assessment and verification of constancy
of performance is system 1 + or 1, as set out in Annex V, the
Notifying authorities
Appropriate Technical Documentation referred to in paragraph
1. Member
States
shall
designate
a
notifying
authority
that
1 shall be verified by a notified product certification body as
shall be responsible for setting up and carrying out the
referred to in Annex V.
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 37
Article 43.
Use of simplified procedures by micro-enterprises
Micro-enterprises manufacturing construction products covered
2. Member
States
may
decide
that
the
assessment
and
moni
by a harmonised standard may replace the determination of the
toring referred to in paragraph 1 shall be carried out by their
product-type on the basis of type-testing for the applicable
national accreditation bodies within the meaning of, and in
systems 3 and 4 as set out in Annex V by using methods
accordance with, Regulation (EC) No 765/2008.
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
3. Where
the
notifying
authority
delegates
or
otherwise
simplified procedures, the manufacturer shall demonstrate
entrusts the assessment, notification or monitoring referred to
compliance of the construction product with the applicable
in paragraph 1 to a body which is not a governmental entity,
requirements by means of a Specific Technical Documentation
that body shall be a legal entity and shall comply mutatis
and shall demonstrate the equivalence of the procedures used to
mutandis with the requirements laid down in Article 41. In
the procedures laid down in the harmonised standards.
addition, it shall have arrangements to cover liabilities arising
from its activities.
4. The
notifying
authority
shall
take
full
responsibility
for
the
Article 38
tasks performed by the body referred to in paragraph 3.
Other simplified procedures
1. In
relation
to
construction
products
covered
by
a
Article 41
harmonised standard and which are individually manufactured
or custom-made in a non-series process in response to a specific
Requirements relating to notifying authorities
order, and which are installed in a single identified construction
work, the performance assessment part of the applicable system,
1. The
notifying
authority
shall
be
established
in
such
a
way
as set out in Annex V, may be replaced by the manufacturer by
that no conflicts of interest with notified bodies occur.
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
2. The
notifying
authority
shall
be
organised
and
operated
so
harmonised standards.
as to safeguard the objectivity and impartiality of its activities.

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Official Journal of the European Union
4.4.2011
3. The
notifying
authority
shall
be
organised
in
such
a
way installer, purchaser, owner, user or maintainer of the
that each decision relating to notification of a body to be au-
construction products which it assesses, nor the authorised
thorised to carry out third party tasks in the process of
representative of any of those parties. This shall not preclude
assessment and verification of constancy of performance is
the use of assessed products that are necessary for the
taken by competent persons different from those who carried
operations of the notified body or the use of products for
out the assessment.
personal purposes.
4. The
notifying
authority
shall
not
offer
or
provide
activities
performed by notified bodies, or consultancy services on a
commercial or competitive basis.
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
5. The
notifying
authority
shall
safeguard
the
confidentiality or construction, marketing, installation, use or maintenance of
of the information obtained.
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
6. The
notifying
authority
shall
have
a
sufficient
number
of related to the activities for which they have been notified. This
competent personnel at its disposal for the proper performance
shall, in particular, apply to consultancy services.
of its tasks.
Article 42
A notified body shall ensure that activities of its subsidiaries or
Information obligation for Member States
subcontractors do not affect the confidentiality, objectivity and
impartiality of its assessment and/or verification activities.
Member States shall inform the Commission of their national
procedures for the assessment and notification of bodies to be
authorised to carry out third party tasks in the process of
assessment and verification of constancy of performance and
the monitoring of notified bodies, and of any changes thereto.
5. A
notified
body
and
its
personnel
shall
carry
out
the
third
party tasks in the process of assessment and verification of
constancy of performance with the highest degree of profes
The Commission shall make that information publicly available.
sional integrity and requisite technical competence in the
specific field and must be free from all pressures and
inducements, particularly financial, which might influence
their judgement or the results of their assessment and/or verifi
Article 43
cation activities, especially from persons or groups of persons
Requirements for notified bodies
with an interest in the results of those activities.
1. For
the
purposes
of
notification,
a
notified
body
shall
meet the requirements set out in paragraphs 2 to 11.
6. A
notified
body
shall
be
capable
of
carrying
out
all
the
third party tasks in the process of assessment and verification of
2. A
notified
body
shall
be
established
under
national
law constancy of performance assigned to it in accordance with
and have legal personality.
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.
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
At all times and for each system of assessment and verification
federation representing undertakings involved in the design,
of constancy of performance and for each kind or category of
manufacturing, provision, assembly, use or maintenance of
construction products, essential characteristics and tasks in
construction products which it assesses, can on condition that
relation to which it has been notified, the notified body shall
its independence and the absence of any conflict of interest are
have the following at its disposal:
demonstrated, be considered to be such a body.
4. A
notified
body,
its
top-level
management
and
the (a) the necessary personnel with technical knowledge and
personnel responsible for carrying out the third party tasks in
sufficient and appropriate experience to perform the third
the process of assessment and verification of constancy of
party tasks in the process of assessment and verification of
performance shall not be the designer, manufacturer, supplier,
constancy of performance;

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(b) the necessary description of procedures according to which
10. The
personnel
of
the
notified
body
shall
be
bound
to
the assessment of performance is carried out, ensuring the
observe professional secrecy with regard to all information
transparency and the ability of reproduction of these
gained in carrying out its tasks under Annex V, except in
procedures; it shall have appropriate policies and procedures
relation to the competent administrative authorities of the
in place that distinguish between the tasks it carries out as a
Member State in which its activities are carried out. Proprietary
notified body and other activities;
rights shall be protected.
(c) the necessary procedures to perform its activities which take
due account of the size of an undertaking, the sector in
11. A notified body shall participate in, or ensure that its
which it operates, its structure, the degree of complexity
assessment personnel is informed of, the relevant standard
of the product technology in question and the mass or
isation activities and the activities of the notified body coor
serial nature of the production process.
dination group established under this Regulation and shall apply
as general guidance the administrative decisions and documents
produced as a work result of that group.
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.
Article 44
Presumption of conformity
7. The
personnel
responsible
for
carrying
out
the
activities
in
A notified body to be authorised to carry out third party tasks
relation to which the body has been notified, shall have the
in the process of assessment and verification of constancy of
following:
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
(a) sound technical and vocational training covering all the
the Official Journal of the European Union, shall be presumed to
third party tasks in the process of assessment and verifi
comply with the requirements set out in Article 43 in so far as
cation of constancy of performance within the relevant
the applicable harmonised standards cover those requirements.
scope for which the body has been notified;
(b) satisfactory knowledge of the requirements of the
Article 45
assessments and verifications they carry out and adequate
authority to carry out such operations;
Subsidiaries and subcontractors of notified bodies
1. Where a notified body subcontracts specific tasks
connected with the third party tasks in the process of
(c) appropriate knowledge and understanding of the applicable
assessment and verification of constancy of performance or
harmonised standards and of the relevant provisions of the
has recourse to a subsidiary, it shall ensure that the subcon
Regulation;
tractor or the subsidiary meets the requirements set out in
Article 43, and shall inform the notifying authority accordingly.
(d) the ability required to draw up the certificates, records and
reports to demonstrate that the assessments and the verifi
cations have been carried out.
2. The
notified
body
shall
take
full
responsibility
for
the
tasks performed by subcontractors or subsidiaries wherever
these are established.
8. The
impartiality
of
the
notified
body,
its
top-level
management and assessment personnel shall be guaranteed.
3. Activities
may
be
subcontracted
or
carried
out
by
a
The remuneration of the notified body’s top-level management
subsidiary only with the agreement of the client.
and assessment personnel shall not depend on the number of
assessments carried out or on the results of such assessments.
4. The
notified
body
shall
keep
at
the
disposal
of
the
9. A
notified
body
shall
take
out
liability
insurance
unless notifying authority the relevant documents concerning the
liability is assumed by the Member State in accordance with
assessment of the qualifications of any subcontractor or the
national law, or the Member State itself is directly responsible
subsidiary and the tasks carried out by such parties under
for the assessment and/or the verification performed.
Annex V.

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4.4.2011
Article 46
Article 48
Use of facilities outside the testing laboratory of the
Notification procedure
notified body
1. Notifying
authorities
may
notify
only
bodies
which
have
1. On
request
of
the
manufacturer
and
where
justified
by satisfied the requirements laid down in Article 43.
technical, economic or logistic reasons, notified bodies may
decide to carry out the tests referred to in Annex V, for the
systems of assessment and verification of constancy of
2. They shall notify the Commission and the other Member
performance 1+, 1 and 3 or have such tests carried out
States, notably using the electronic notification tool developed
under their supervision, either in the manufacturing plants
and managed by the Commission.
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.
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.
Notified bodies carrying out such tests shall be specifically
designated as competent to work away from their own
3. The
notification
shall
include
full
details
of
the
functions
accredited test facilities.
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.
2. Before
carrying
out
those
tests,
the
notified
body
shall
verify whether the requirements of the test method are
satisfied and shall evaluate whether:
However, reference to the relevant harmonised technical
specification is not required in the cases set out in point 3 of
Annex V.
(a) test equipment has an appropriate calibration system and
the traceability of the measurements is guaranteed;
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
(b) the quality of the test results is ensured.
to ensure that that body will be monitored regularly and will
continue to satisfy the requirements laid down in Article 43.
Article 47
5. The
body
concerned
may
perform
the
activities
of
a
Application for notification
notified body only where no objections are raised by the
Commission or the other Member States within 2 weeks of
1. A
body
to
be
authorised
to
carry
out
third
party
tasks
in notification where an accreditation certificate is used or within
the process of assessment and verification of constancy of
2 months of notification where an accreditation certificate is
performance shall submit an application for notification to
not used.
the notifying authority of the Member State in which it is
established.
Only such a body shall be considered as a notified body for the
purpose of this Regulation.
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
6. The
Commission
and
the
other
Member
States
shall
be
accreditation certificate, where one exists, issued by the
notified of any subsequent relevant changes to the notification.
national accreditation body within the meaning of Regulation
(EC) No 765/2008, attesting that the body meets the
requirements laid down in Article 43.
Article 49
Identification numbers and lists of notified bodies
1. The
Commission
shall
assign
an
identification
number
to
3. Where
the
body
concerned
cannot
provide
an
accredi
each notified body.
tation certificate, it shall provide the notifying authority with
all documentary evidence necessary for the verification, recog
nition and regular monitoring of its compliance with the
It shall assign a single such number even where the body is
requirements laid down in Article 43.
notified under several Union acts.

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2. The
Commission
shall
make
publicly
available
the
list
of accordingly and request it to take the necessary corrective
bodies notified under this Regulation, including the identifi
measures, including withdrawal of notification, if necessary.
cation numbers that have been allocated to them and the
activities for which they have been notified, notably using the
electronic notification tool developed and managed by the
Commission.
Article 52
Operational obligations for notified bodies
1. Notified
bodies
shall
carry
out
third
party
tasks
in
The Commission shall ensure that this list is kept up-to-date.
accordance with the systems of assessment and verification of
constancy of performance provided for in Annex V.
Article 50
2. Assessments and verifications of constancy of
Changes to the notification
performance shall be carried out with transparency as regards
the manufacturer, and in a proportionate manner, avoiding an
1. Where
a
notifying
authority
has
ascertained
or
has
been unnecessary burden for economic operators. The notified bodies
informed that a notified body no longer meets the requirements
shall perform their activities taking due account of the size of
laid down in Article 43, or that it is failing to fulfil its obli
the undertaking, the sector in which the undertaking operates,
gations, the notifying authority shall restrict, suspend or
its structure, the degree of complexity of the product tech
withdraw the notification as appropriate, depending on the
nology in question and the mass or serial nature of the
seriousness of the failure to meet those requirements or to
production process.
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.
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.
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
3.
Where, in the course of the initial inspection of the manu
by another notified body or kept available for the responsible
facturing plant and of factory production control, a notified
notifying and market surveillance authorities at their request.
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.
Article 51
Challenge of the competence of notified bodies
4. Where,
in
the
course
of
the
monitoring
activity
aiming
at
1. The
Commission
shall
investigate
all
cases
where
it the verification of the constancy of performance of the manu
doubts, or doubt is brought to its attention regarding, the
factured product, a notified body finds that a construction
competence of a notified body or the continued fulfilment by
product no longer has the same performance to that of the
a notified body of the requirements and responsibilities to
product-type, it shall require the manufacturer to take appro
which it is subject.
priate corrective measures and shall suspend or withdraw its
certificate if necessary.
2. The notifying Member State shall provide the
Commission, on request, with all information related to the
5. Where corrective measures are not taken or do not have
basis for notification or the maintenance of the competence
the required effect, the notified body shall restrict, suspend or
of the body concerned.
withdraw any certificates, as appropriate.
Article 53
3. The
Commission
shall
ensure
that
all
sensitive
information
obtained in the course of its investigations is treated confi
Information obligations for notified bodies
dentially.
1. Notified
bodies
shall
inform
the
notifying
authority
of
the
following:
4. Where
the
Commission
ascertains
that
a
notified
body
does not meet, or no longer meets, the requirements for its
(a) any refusal, restriction, suspension or withdrawal of
notification, it shall inform the notifying Member State
certificates;

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(b) any circumstances affecting the scope of, and conditions for,
believe that a construction product covered by a harmonised
notification;
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
(c) any request for information on assessment and/or verifi
out an evaluation in relation to the product concerned covering
cation of constancy of performance activities carried out
the respective requirements laid down by this Regulation. The
which they have received from market surveillance
relevant economic operators shall cooperate as necessary with
authorities;
the market surveillance authorities.
(d) on request, third party tasks in accordance with the systems
of assessment and verification of constancy of performance
Where, in the course of that evaluation, the market surveillance
carried out within the scope of their notification and any
authorities find that the construction product does not comply
other activity performed, including cross-border activities
with the requirements laid down in this Regulation, they shall
and subcontracting.
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
2. Notified bodies shall provide the other bodies notified
market, or recall it within a reasonable period, commensurate
under this Regulation carrying out similar third party tasks in
with the nature of the risk, as they may prescribe.
accordance with the systems of assessment and verification of
constancy of performance and for construction products
covered by the same harmonised technical specification with
relevant information on issues relating to negative and, on
request, positive results from these assessments and/or verifi
The market surveillance authorities shall inform the notified
cations.
body accordingly, if a notified body is involved.
Article 54
Article 21 of Regulation (EC) No 765/2008 shall apply to the
Exchange of experience
measures referred to in the second subparagraph of this
paragraph.
The Commission shall provide for the organisation of exchange
of experience between the Member States’ national authorities
responsible for policy on notification.
2. Where
the
market
surveillance
authorities
consider
that
the non-compliance is not limited to their national territory,
Article 55
they shall inform the Commission and the other Member
States of the results of the evaluation and of the actions
Coordination of notified bodies
which they have required the economic operator to take.
The Commission shall ensure that appropriate coordination and
cooperation between bodies notified pursuant to Article 39 are
put into place and properly operated in the form of a group of
notified bodies.
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.
Member States shall ensure that the bodies notified by them
participate in the work of that group, directly or by means of
designated representatives, or shall ensure that the represen
tatives of notified bodies are informed thereof.
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
CHAPTER VIII
authorities shall take all appropriate provisional measures to
prohibit or restrict the making available of the construction
MARKET SURVEILLANCE AND SAFEGUARD PROCEDURES
product on the national market or to withdraw the construction
Article 56
product from that market or to recall it.
Procedure to deal at national level with construction
products presenting a risk
1. Where
the
market
surveillance
authorities
of
one
Member The market surveillance authorities shall inform the
State have taken action pursuant to Article 20 of Regulation
Commission and the other Member States, without delay, of
(EC) No 765/2008 or where they have sufficient reason to
those measures.

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5. The
information
referred
to
in
paragraph
4
shall
include 2. If the national measure is considered justified, all Member
all available details, in particular the data necessary for the
States shall take the necessary measures to ensure that the non-
identification of the non-compliant construction product, the
compliant construction product is withdrawn from their
origin of the construction product, the nature of the non-
markets and shall inform the Commission accordingly. If the
compliance alleged and the risk involved, the nature and
national measure is considered unjustified, the Member State
duration of national measures taken as well as the arguments
concerned shall withdraw the measure.
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:
3. Where the national measure is considered to be justified
and the non-compliance of the construction product is
(a) failure of the product to achieve the declared performance
attributed to shortcomings in the harmonised standards as
and/or to meet the requirements related to the fulfilment of
referred to in Article 56(5)(b), the Commission shall inform
basic requirements for construction works laid down in this
the relevant European standardisation body or bodies and
Regulation;
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.
(b) shortcomings in the harmonised technical specifications or
in the Specific Technical Documentation.
Where the national measure is considered to be justified and the
6. Member States other than the Member State initiating the
non-compliance of the construction product is attributed to
procedure shall without delay inform the Commission and the
shortcomings in the European Assessment Document or in
other Member States of any measures adopted and of any addi
the Specific Technical Documentation as referred to in
tional information at their disposal relating to the non-
Article 56(5)(b), the Commission shall bring the matter before
compliance of the construction product concerned, and, in
the Standing Committee on Construction and subsequently
the event of disagreement with the notified national measure,
adopt the appropriate measures.
of their objections.
Article 58
7. Where, within 15 working days of receipt of the
information referred to in paragraph 4, no objection has been
Complying construction products which nevertheless
raised by either a Member State or the Commission in respect
present a risk to health and safety
of a provisional measure taken by a Member State in relation to
the construction product concerned, that measure shall be
1. Where,
having
performed
an
evaluation
pursuant
to
deemed justified.
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
8. Member
States
shall
ensure
that
appropriate
restrictive other aspects of public interest protection, it shall require the
measures are taken without delay in respect of the construction
relevant economic operator to take all appropriate measures to
product concerned, such as withdrawal of the product from
ensure that the construction product concerned, when placed
their market.
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.
Article 57
Union safeguard procedure
1. Where,
on
completion
of
the
procedure
set
out
in 2. The
economic
operator
shall
ensure
that
any
corrective
Article 56(3) and (4), objections are raised against a measure
action is taken in respect of all the construction products
taken by a Member State or where the Commission considers a
concerned which that economic operator has made available
national measure to be contrary to Union legislation, the
on the market throughout the Union.
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.
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
The Commission shall address its decision to all Member States
concerned, the origin and the supply chain of the product,
and shall immediately communicate it to them and to the
the nature of the risk involved and the nature and duration
relevant economic operator(s).
of the national measures taken.

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4. The
Commission
shall
without
delay
enter
into
consul
(a) the determination, where appropriate, of the essential char
tation with the Member States and the relevant economic
acteristics or threshold levels within specific families of
operator(s) and shall evaluate the national measures taken. On
construction products, in relation to which, in accordance
the basis of the results of that evaluation, the Commission shall
with Articles 3 to 6, the manufacturer shall declare, in
decide whether the measure is justified or not and, where
relation to their intended use, by levels or classes, or in a
necessary, propose appropriate measures.
description, the performance of the manufacturer’s product
when it is placed on the market;
5. The
Commission
shall
address
its
decision
to
all
Member
States and shall immediately communicate it to them and to the
(b) the conditions on which a declaration of performance may
relevant economic operator(s).
be electronically processed, in order to make it available on
a web site in accordance with Article 7;
Article 59
Formal non-compliance
(c) the amendment of the period for which the manufacturer
shall keep the technical documentation and the declaration
1. Without
prejudice
to
Article
56,
where
a
Member
State
of performance after the construction product has been
makes one of the following findings, it shall require the relevant
placed on the market, in accordance with Article 11,
economic operator to put an end to the non-compliance
based on the expected life or the part played by the
concerned:
construction product in the construction works;
(a) the CE marking has been affixed in breach of Article 8 or 9;
(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
(b) the CE marking has not been affixed, when required, in
principles in Article 20, or the application in practice of the
accordance with Article 8(2);
procedures set out in Article 21;
(c) without prejudice to Article 5, the declaration of
(e) the adaptation of Annex III, table 1 of Annex IV, and Annex
performance has not been drawn up, when required, in
V in response to technical progress;
accordance with Article 4;
(d) the declaration of performance has not been drawn up in
(f) the establishment and adaptation of classes of performance
accordance with Articles 4, 6 and 7;
in response to technical progress in accordance with
Article 27(1);
(e) the technical documentation is either not available or not
complete.
(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
2. Where
the
non-compliance
referred
to
in
paragraph
1
basic requirements for construction works is not thereby
continues, the Member State shall take all appropriate
jeopardised;
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.
(h) the adaptation, establishment and revision of the systems of
assessment and verification of constancy of performance in
CHAPTER IX
accordance with Article 28, relating to a given product, a
given product family or a given essential characteristic, and
FINAL PROVISIONS
in accordance with:
Article 60
Delegated acts
(i) the importance of the part played by the product or
For the purposes of achieving the objectives of this Regulation,
those essential characteristics with respect to the basic
in particular removing and avoiding restrictions on making
requirements for construction works;
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:
(ii) the nature of the product;

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(iii) the effect of the variability of the essential char
At the initiative of the European Parliament or the Council, that
acteristics of the construction product during the
period shall be extended by 3 months.
expected life of the product; and
2. If,
on
expiry
of
the
period
referred
to
in
paragraph
1,
(iv) the susceptibility to defects in the product’s manu
neither the European Parliament nor the Council has objected
facture.
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.
Article 61
Exercise of the delegation
The delegated act may be published in the Official Journal of the
European Union and enter into force before the expiry of that
1. The power to adopt delegated acts referred to in
period if the European Parliament and the Council have both
Article 60 shall be conferred on the Commission for a period
informed the Commission of their intention not to raise
of 5 years from 24 April 2011. The Commission shall draw up
objections.
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
3.
If either the European Parliament or the Council objects to
identical duration, unless the European Parliament or the
a delegated act within the period referred to in paragraph 1, it
Council revokes it in accordance with Article 62.
shall not enter into force. The institution which objects shall
state the reasons for objecting to the delegated act.
2. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall
notify it simultaneously to the European Parliament and to the
Article 64
Council.
Committee
1. The Commission shall be assisted
by a Standing
Committee on Construction.
3. The
power
to
adopt
delegated
acts
is
conferred
on
the
Commission subject to the conditions laid down in Articles
62 and 63.
2. Where
reference
is
made
to
this
paragraph,
Articles
3
and
7 of Decision 1999/468/EC shall apply.
Article 62
Revocation of the delegation
3. Member States shall ensure that the members of the
Standing Committee on Construction are able to carry out
1. The
delegation
of
power
referred
to
in
Article
60
may
be their functions in a manner that avoids conflicts of interest,
revoked at any time by the European Parliament or by the
particularly in respect of the procedures for obtaining the CE
Council.
marking.
Article 65
2. The
institution
which
has
commenced
an
internal
procedure for deciding whether to revoke the delegation of
Repeal
power shall endeavour to inform the other institution and the
Commission within a reasonable time before the final decision
1. Directive
89/106/EEC
is
repealed.
is taken, indicating the delegated power which could be subject
to revocation and possible reasons for a revocation.
2. References
to
the
repealed
Directive
shall
be
construed
as
references to this Regulation.
3. The
decision
of
revocation
shall
put
an
end
to
the
dele
gation of the power specified in that decision. It shall take effect
Article 66
immediately or at a later date specified therein. It shall not affect
the validity of the delegated acts already in force. It shall be
Transitional provisions
published in the Official Journal of the European Union.
1. Construction
products
which
have
been
placed
on
the
market in accordance with Directive 89/106/EEC before
1 July 2013 shall be deemed to comply with this Regulation.
Article 63
Objections to delegated acts
2. Manufacturers
may
draw
up
a
declaration
of
performance
1. The
European
Parliament
or
the
Council
may
object
to
a on the basis of a certificate of conformity or a declaration of
delegated act within a period of 3 months from the date of
conformity, which has been issued before 1 July 2013 in
notification.
accordance with Directive 89/106/EEC.

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3. Guidelines
for
European
technical
approval
published If appropriate, the report shall, within 2 years of its submission
before 1 July 2013 in accordance with Article 11 of Directive
to the European Parliament and to the Council, be followed up
89/106/EEC may be used as European Assessment Documents.
by appropriate legislative proposals.
4. Manufacturers
and
importers
may
use
European
technical
approvals issued in accordance with Article 9 of Directive
2. By
25
April
2016,
the
Commission
shall
submit
to
the
89/106/EEC before 1 July 2013 as European Technical
European Parliament and to the Council a report on the imple
Assessments throughout the period of validity of those
mentation of this Regulation, including on Articles 19, 20, 21,
approvals.
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 67
Reporting by the Commission
1. By
25
April
2014,
the
Commission
shall
assess
the
Article 68
specific need for information on the content of hazardous
substances in construction products and consider the possible
Entry into force
extension of the information obligation provided for in
This Regulation shall enter into force on the 20th day following
Article 6(5) to other substances, and shall report thereon to
its publication in the Official Journal of the European Union.
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
However, Articles 3 to 28, Articles 36 to 38, Articles 56 to 63,
construction works, including with regard to recycling and/or
Articles 65 and 66, as well as Annexes I, II, III and V shall apply
reuse requirements of parts or materials.
from 1 July 2013.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 9 March 2011.
For the European Parliament
For the Council
The President
The President
J. BUZEK
GYRI E.

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ANNEX I
BASIC REQUIREMENTS FOR CONSTRUCTION WORKS
Construction works as a whole and in their separate parts must be fit for their intended use, taking into account in
particular the health and safety of persons involved throughout the life cycle of the works. Subject to normal main
tenance, construction works must satisfy these basic requirements for construction works for an economically reasonable
working life.
1. Mechanical resistance and stability
The construction works must be designed and built in such a way that the loadings that are liable to act on them
during their constructions and use will not lead to any of the following:
(a) collapse of the whole or part of the work;
(b) major deformations to an inadmissible degree;
(c) damage to other parts of the construction works or to fittings or installed equipment as a result of major
deformation of the load-bearing construction;
(d) damage by an event to an extent disproportionate to the original cause.
2. Safety in case of fire
The construction works must be designed and built in such a way that in the event of an outbreak of fire:
(a) the load-bearing capacity of the construction can be assumed for a specific period of time;
(b) the generation and spread of fire and smoke within the construction works are limited;
(c) the spread of fire to neighbouring construction works is limited;
(d) occupants can leave the construction works or be rescued by other means;
(e) the safety of rescue teams is taken into consideration.
3. Hygiene, health and the environment
The construction works must be designed and built in such a way that they will, throughout their life cycle, not be a
threat to the hygiene or health and safety of workers, occupants or neighbours, nor have an exceedingly high impact,
over their entire life cycle, on the environmental quality or on the climate during their construction, use and
demolition, in particular as a result of any of the following:
(a) the giving-off of toxic gas;
(b) the emissions of dangerous substances, volatile organic compounds (VOC), greenhouse gases or dangerous
particles into indoor or outdoor air;
(c) the emission of dangerous radiation;
(d) the release of dangerous substances into ground water, marine waters, surface waters or soil;
(e) the release of dangerous substances into drinking water or substances which have an otherwise negative impact on
drinking water;
(f) faulty discharge of waste water, emission of flue gases or faulty disposal of solid or liquid waste;
(g) dampness in parts of the construction works or on surfaces within the construction works.

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4. Safety and accessibility in use
The construction works must be designed and built in such a way that they do not present unacceptable risks of
accidents or damage in service or in operation such as slipping, falling, collision, burns, electrocution, injury from
explosion and burglaries. In particular, construction works must be designed and built taking into consideration
accessibility and use for disabled persons.
5. Protection against noise
The construction works must be designed and built in such a way that noise perceived by the occupants or people
nearby is kept to a level that will not threaten their health and will allow them to sleep, rest and work in satisfactory
conditions.
6. Energy economy and heat retention
The construction works and their heating, cooling, lighting and ventilation installations must be designed and built in
such a way that the amount of energy they require in use shall be low, when account is taken of the occupants and of
the climatic conditions of the location. Construction works must also be energy-efficient, using as little energy as
possible during their construction and dismantling.
7. Sustainable use of natural resources
The construction works must be designed, built and demolished in such a way that the use of natural resources is
sustainable and in particular ensure the following:
(a) reuse or recyclability of the construction works, their materials and parts after demolition;
(b) durability of the construction works;
(c) use of environmentally compatible raw and secondary materials in the construction works.

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EN
4.4.2011 Official
Journal
of
the
European
Union L
88/35
ANNEX II
PROCEDURE FOR ADOPTING A EUROPEAN ASSESSMENT DOCUMENT
1. Request for a European Technical Assessment
When a manufacturer makes a request for a European Technical Assessment to any TAB for a construction product,
and after the manufacturer and the TAB (hereinafter referred to as the ‘responsible TAB’) have signed an agreement of
commercial secrecy and confidentiality, unless the manufacturer decides otherwise, the manufacturer shall submit to
the responsible TAB a technical file describing the product, its use as foreseen by the manufacturer and details of the
factory production control the manufacturer intends to apply.
2. Contract
For construction products referred to in Article 21(1)(c), within 1 month from the reception of the technical file, a
contract shall be concluded between the manufacturer and the responsible TAB for the production of the European
Technical Assessment, defining the work programme for drawing up the European Assessment Document, including:
— the organisation of work within the organisation of TABs,
— the composition of the workgroup to be established within the organisation of TABs, designated for the product
area in question,
— the coordination of TABs.
3. Work programme
After the conclusion of the contract with the manufacturer, the organisation of TABs shall inform the Commission of
the work programme for drawing up the European Assessment Document, the schedule for its execution and
indicating the assessment programme. This communication shall take place within 3 months of receipt of the
request for a European Technical Assessment.
4. The draft European Assessment Document
The organisation of TABs shall finalise a draft European Assessment Document by means of the working group
coordinated by the responsible TAB and shall communicate such draft to the parties concerned within 6 months of
the date the Commission was informed of the work programme.
5. Commission Participation
A Commission representative may participate, as observer, to all the parts of the execution of the work programme.
6. Extension and delay
Any delay in relation to the time limits set in Sections 1 to 4 in this Annex shall be reported by the working group to
the organisation of TABs and to the Commission.
If an extension of the time limits for developing the European Assessment Document can be justified, notably by the
absence of a Commission decision on the applicable system of assessment and verification of constancy of
performance for the construction product or by the need to develop a new test method, an extended time limit
shall be set by the Commission.
7. Amendments and adoption of a European Assessment Document
The responsible TAB shall communicate the draft European Assessment Document to the manufacturer, who shall
have 15 working days to react thereto. Thereafter, the organisation of TABs shall:
(a) if applicable, inform the manufacturer as to how his reactions have been taken into account;
(b) adopt the draft European Assessment Document; and
(c) send a copy to the Commission.

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Official Journal of the European Union
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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 published
As soon as the first European Technical Assessment is issued by the responsible TAB on the basis of the adopted
European Assessment Document, that European Assessment Document shall be adjusted, if appropriate, based on
experiences gained. The organisation of TABs shall adopt the final European Assessment Document and shall send a
copy thereof to the Commission, together with a translation of its title in all the official languages of the Union, for
publication of its reference. The organisation of TABs shall keep the European Assessment Document available by
electronic means as soon as the product has been CE-marked.

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EN
4.4.2011 Official
Journal
of
the
European
Union L
88/37
ANNEX III
DECLARATION OF PERFORMANCE
No. .................................
1. Unique identification code of the product-type: ................................................................................................
................................
2. Type, batch or serial number or any other element allowing identification of the construction product as required
pursuant to Article 11(4):
..............................................................................................
................................................................................................
...............................
3. Intended use or uses of the construction product, in accordance with the applicable harmonised technical specifi
cation, as foreseen by the manufacturer:
..............................................................................................
................................................................................................
...............................
..............................................................................................
................................................................................................
...............................
4. Name, registered trade name or registered trade mark and contact address of the manufacturer as required pursuant
to Article 11(5):
..............................................................................................
................................................................................................
...............................
..............................................................................................
................................................................................................
...............................
5. Where applicable, name and contact address of the authorised representative whose mandate covers the tasks
specified in Article 12(2):
..............................................................................................
................................................................................................
...............................
..............................................................................................
................................................................................................
...............................
6. System or systems of assessment and verification of constancy of performance of the construction product as set out
in Annex V:
..............................................................................................
................................................................................................
...............................
..............................................................................................
................................................................................................
...............................
7. In case of the declaration of performance concerning a construction product covered by a harmonised standard:
..............................................................................................
................................................................................................
...............................
(name and identification number of the notified body, if relevant)
performed ..................................................................................... under system .....................................................................................
(description of the third party tasks as set out in Annex V)
and issued ................................................................................................
................................................................................................
.......
(certificate of constancy of performance, certificate of conformity of the factory production control, test/calculation
reports – as relevant)
8. In case of the declaration of performance concerning a construction product for which a European Technical
Assessment has been issued:
..............................................................................................
................................................................................................
...............................
(name and identification number of the Technical Assessment Body, if relevant)
issued ................................................................................................
................................................................................................
................
(reference number of the European Technical Assessment)
on the basis of ................................................................................................
.............................................................................................,
(reference number of the European Assessment Document)

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L 88/38
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Official Journal of the European Union
4.4.2011
performed ..................................................................................... under system .....................................................................................
(description of the third party tasks as set out in Annex V)
and issued ................................................................................................
................................................................................................
.......
(certificate of constancy of performance, certificate of conformity of the factory production control, test/calculation
reports – as relevant)
9. Declared performance
Notes to the table.
1. Column 1 shall contain the list of essential characteristics as determined in the harmonised technical specifications
for the intended use or uses indicated in point 3 above.
2. For each essential characteristic listed in column 1 and in compliance with the requirements of Article 6, column
2 shall contain the declared performance, expressed by level or class, or in a description, related to the corre
sponding essential characteristics. The letters ‘NPD’ (No Performance Determined) shall be indicated where no
performance is declared.
3. For each essential characteristic listed in column 1, column 3 shall contain:
(a) dated reference of the corresponding harmonised standard and, where relevant, the reference number of the
Specific or Appropriate Technical Documentation used;
or
(b) dated reference of the corresponding European Assessment Document where available and reference number
of the European Technical Assessment used.
Essential characteristics
Performance
Harmonised technical specification
(see Note 1)
(see Note 2)
(see Note 3)
Where pursuant to Article 37 or 38 the Specific Technical Documentation has been used, the requirements with
which the product complies:
..............................................................................................
................................................................................................
...............................
..............................................................................................
................................................................................................
...............................
10. The performance of the product identified in points 1 and 2 is in conformity with the declared performance in
point 9.
This declaration of performance is issued under the sole responsibility of the manufacturer identified in point 4.
Signed for and on behalf of the manufacturer by:
..............................................................................................
................................................................................................
...............................
(name and function)
..............................................................................................
....... .....................................................................................................
(place and date of issue)
(signature)

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EN
4.4.2011 Official
Journal
of
the
European
Union L
88/39
ANNEX IV
PRODUCT AREAS AND REQUIREMENTS FOR TABS
Table 1 — Product areas
AREA
CODE
PRODUCT AREA
1 PRECAST
NORMAL/LIGHTWEIGHT/AUTOCLAVED
AERATED
CONCRETE
PRODUCTS.
2 DOORS,
WINDOWS,
SHUTTERS,
GATES
AND
RELATED
BUILDING
HARDWARE.
3
MEMBRANES, INCLUDING LIQUID APPLIED AND KITS (FOR WATER AND/OR WATER VAPOUR
CONTROL).
4 THERMAL
INSULATION
PRODUCTS.
COMPOSITE INSULATING KITS/SYSTEMS.
5 STRUCTURAL
BEARINGS.
PINS FOR STRUCTURAL JOINTS.
6 CHIMNEYS,
FLUES
AND
SPECIFIC
PRODUCTS.
7 GYPSUM
PRODUCTS.
8 GEOTEXTILES,
GEOMEMBRANES,
AND
RELATED
PRODUCTS.
9 CURTAIN
WALLING/CLADDING/STRUCTURAL
SEALANT
GLAZING.
10 FIXED
FIRE
FIGHTING
EQUIPMENT
(FIRE
ALARM/DETECTION,
FIXED
FIREFIGHTING,
FIRE
AND
SMOKE
CONTROL AND EXPLOSION SUPPRESSION PRODUCT).
11 SANITARY
APPLIANCES.
12 CIRCULATION
FIXTURES:
ROAD
EQUIPMENT.
13 STRUCTURAL
TIMBER
PRODUCTS/ELEMENTS
AND
ANCILLARIES.
14 WOOD
BASED
PANELS
AND
ELEMENTS.
15 CEMENT,
BUILDING
LIMES
AND
OTHER
HYDRAULIC
BINDERS.
16 REINFORCING
AND
PRESTRESSING
STEEL
FOR
CONCRETE
(AND
ANCILLARIES).
POST TENSIONING KITS.
17 MASONRY
AND
RELATED
PRODUCTS.
MASONRY UNITS, MORTARS, AND ANCILLARIES.
18 WASTE
WATER
ENGINEERING
PRODUCTS.
19 FLOORINGS.
20 STRUCTURAL
METALLIC
PRODUCTS
AND
ANCILLARIES.
21
INTERNAL & EXTERNAL WALL AND CEILING FINISHES. INTERNAL PARTITION KITS.
22
ROOF COVERINGS, ROOF LIGHTS, ROOF WINDOWS, AND ANCILLARY PRODUCTS.
ROOF KITS.
23 ROAD
CONSTRUCTION
PRODUCTS.
24 AGGREGATES.
25 CONSTRUCTION
ADHESIVES.

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L 88/40
EN
Official Journal of the European Union
4.4.2011
AREA
CODE
PRODUCT AREA
26 PRODUCTS
RELATED
TO
CONCRETE,
MORTAR
AND
GROUT.
27 SPACE
HEATING
APPLIANCES.
28 PIPES-TANKS
AND
ANCILLARIES
NOT
IN
CONTACT
WITH
WATER
INTENDED
FOR
HUMAN
CONSUMPTION.
29
CONSTRUCTION PRODUCTS IN CONTACT WITH WATER INTENDED FOR HUMAN CONSUMPTION.
30
FLAT GLASS, PROFILED GLASS AND GLASS BLOCK PRODUCTS.
31 POWER,
CONTROL
AND
COMMUNICATION
CABLES.
32 SEALANTS
FOR
JOINTS.
33 FIXINGS.
34 BUILDING
KITS,
UNITS,
AND
PREFABRICATED
ELEMENTS.
35
FIRE STOPPING, FIRE SEALING AND FIRE PROTECTIVE PRODUCTS.
FIRE RETARDANT PRODUCTS.
Table 2 — Requirements for TABs
Competence Description
of
competence Requirement
1. Analysing risks Identify
the
possible
risks
and
benefits
for
the
A TAB shall be established under national law
use of innovative construction products in the and have legal personality. It shall be inde
absence of established/consolidated technical pendent from the stakeholders and from any
information regarding their performance particular interests.
when installed in construction works.
In addition, a TAB shall have staff with:
2. Setting technical Transform the outcome of the risk analysis (a) objectivity and sound technical judgement;
criteria
into technical criteria for evaluating
behaviour and performance of
(b) detailed
the
knowledge of the regulatory
construction products regarding the fulfilment
provisions and other requirements in force
of applicable national requirements;
in the Member States where it is designated,
concerning product areas for which it is to
provide the technical information needed by
be designated;
those participating in the building process as
potential users of the construction products (c) general understanding of construction
(manufacturers, designers, contractors, practice and detailed technical knowledge,
installers).
concerning product areas for which it is
to be designated;
3. Setting assessment Design and validate appropriate methods (tests (d) detailed knowledge of specific risks
methods
or calculations) to assess performance for
involved and the technical aspects of the
essential characteristics of construction
construction process;
products, taking into account the current
state of the article.
(e) detailed knowledge of the existing
harmonised standards and test methods
within the product areas for which it is to
be designated;
(f) appropriate linguistic skills.
The remuneration of the TAB personnel shall
not depend on the number of the assessments
carried out or on the results of such
assessments.

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4.4.2011 Official
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European
Union L
88/41
Competence Description
of
competence Requirement
4. Determining the Understand and evaluate the manufacturing A TAB shall have staff with appropriate
specific factory
process of the specific product in order to knowledge of the relationship between the
production
identify appropriate measures ensuring manufacturing processes and product char
control
product constancy through the given manu acteristics related to factory production control.
facturing process.
5. Assessing the
Assess the performance for essential char In addition to the requirements listed in points
product
acteristics of construction products on the 1, 2 and 3, a TAB shall have access to the
basis of harmonised methods against necessary means and equipment for the
harmonised criteria.
assessment of the performance for essential
characteristics of construction products within
the product areas for which it is to be
designated.
6. General
Ensure consistency, reliability, objectivity and A TAB shall have:
management
traceability through the constant application
of appropriate management methods.
(a) a proven record of respect of good admin
istrative behaviour;
(b) a policy and the supporting procedures to
ensure confidentiality of sensitive
information within the TAB and all its
partners;
(c) a document control system to ensure regis
tration, traceability, maintenance and
archiving of all relevant documents;
(d) a mechanism for internal audit and
management review to ensure the regular
monitoring of the compliance with appro
priate management methods;
(e) a procedure to deal objectively with appeals
and complaints.

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L 88/42
EN
Official Journal of the European Union
4.4.2011
ANNEX V
ASSESSMENT AND VERIFICATION OF CONSTANCY OF PERFORMANCE
1. SYSTEMS OF ASSESSMENT AND VERIFICATION OF CONSTANCY OF PERFORMANCE
1.1. System 1+ – Declaration of the performance of the essential characteristics of the construction product by the
manufacturer on the basis of the following items:
(a) the manufacturer shall carry out:
(i) factory production control;
(ii) further testing of samples taken at the factory in accordance with the prescribed test plan;
(b) the notified product certification body shall issue the certificate of constancy of performance of the product on
the basis of:
(i) determination of the product-type on the basis of type testing (including sampling), type calculation,
tabulated values or descriptive documentation of the product;
(ii) initial inspection of the manufacturing plant and of factory production control;
(iii) continuous surveillance, assessment and evaluation of factory production control;
(iv) audit-testing of samples taken before placing the product on the market.
1.2. System 1 – Declaration of the performance of the essential characteristics of the construction product by the
manufacturer on the basis of the following items:
(a) the manufacturer shall carry out:
(i) factory production control;
(ii) further testing of samples taken at the factory by the manufacturer in accordance with the prescribed test
plan;
(b) the notified product certification body shall issue the certificate of constancy of performance of the product on
the basis of:
(i) determination of the product type on the basis of type testing (including sampling), type calculation,
tabulated values or descriptive documentation of the product;
(ii) initial inspection of the manufacturing plant and of factory production control;
(iii) continuous surveillance, assessment and evaluation of factory production control.
1.3. System 2+ – Declaration of the performance of the essential characteristics of the construction product by the
manufacturer on the basis of the following items:
(a) the manufacturer shall carry out:
(i) determination of the product-type on the basis of type testing (including sampling), type calculation,
tabulated values or descriptive documentation of the product;
(ii) factory production control;
(iii) testing of samples taken at the factory in accordance with the prescribed test plan;

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4.4.2011 Official
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(b) the notified production control certification body shall issue the certificate of conformity of the factory
production control on the basis of:
(i) initial inspection of the manufacturing plant and of factory production control;
(ii) continuous surveillance, assessment and evaluation of factory production control.
1.4. System 3 – Declaration of the performance of the essential characteristics of the construction product by the
manufacturer on the basis of the following items:
(a) the manufacturer shall carry out factory production control;
(b) the notified testing laboratory shall carry out determination of the product-type on the basis of type testing
(based on sampling carried out by the manufacturer), type calculation, tabulated values or descriptive docu
mentation of the product.
1.5. System 4 – Declaration of the performance of the essential characteristics of the construction product by the
manufacturer on the basis of the following items:
(a) the manufacturer shall carry out:
(i) determination of the product-type on the basis of type testing, type calculation, tabulated values or
descriptive documentation of the product;
(ii) factory production control;
(b) no tasks for the notified body.
2. BODIES
INVOLVED
IN
THE
ASSESSMENT
AND
VERIFICATION
OF
CONSTANCY
OF
PERFORMANCE
With respect to the function of notified bodies involved in the assessment and verification of constancy of
performance for construction products, distinction shall be made between:
(1) product certification body: a governmental or non-governmental notified body, possessing the necessary
competence and responsibility to carry out a product certification in accordance with given rules of
procedure and management;
(2) factory production control certification body: a notified body, governmental or non-governmental, possessing
the necessary competence and responsibility to carry out factory production control certification in accordance
to given rules of procedure and management;
(3) testing laboratory: a notified laboratory which measures, examines, tests, calibrates or otherwise determines the
characteristics or performance of materials or construction products.
3. CASES
OF
ESSENTIAL
CHARACTERISTICS
WHERE
REFERENCE
TO
A
RELEVANT
HARMONISED
TECHNICAL
SPECIFICATION IS NOT REQUIRED
1. Reaction to fire.
2. Resistance to fire.
3. External fire performance.
4. Noise absorption.
5. Emissions of dangerous substances.

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