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Regulation (EU) No 305/2011 - construction products

of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC

Objectives

This Regulation lays down conditions for the placing or making available on the market of construction products by establishing harmonised rules on how to express the performance of construction products in relation to their essential characteristics and on the use of CE marking on those products.

Definitions

The following terms are defined: construction product, kit, construction works, essential characteristics, performance of a construction product, level, means the result of the assessment of the performance of a construction product in relation to its essential characteristics, expressed as a numerical value, class, threshold level, product-type, harmonised technical specifications, harmonised standard, European Assessment Document, European Technical Assessment, intended use, Specific Technical Documentation, making available on the market, placing on the market, economic operator, manufacturer, distributor, importer, authorised representative, withdrawal, recall, accreditation, factory production control, micro-enterprise and life cycle.

Contents

The Regulation defines the declaration of performance and CE marking and obligations of economic operators (manufacturers or their authorised representatives, importers, distributors, owners and operators). Harmonised standards shall be established by the European standardisation bodies on the basis of requests.

Member States may designate technical assessment bodies (TABs) within their territories, notably for one or several product areas. Member States which have designated a TAB shall communicate to the other Member States and the Commission its name and address and the product areas for which that TAB is designated.

In determining the product-type, a manufacturer may replace type-testing or type-calculation by "Appropriate Technical Documentation" (simplified procedure). Micro-enterprises manufacturing construction products covered by a harmonised standard may replace the determination of the product-type on the basis of type-testing by using methods differing from those contained in the applicable harmonised standard.

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

Where the market surveillance authorities of one Member State have taken action or where they have sufficient reason to believe that a construction product covered by a harmonised standard, or for which a European Technical Assessment has been issued does not achieve the declared performance and presents a risk for the fulfilment of the basic requirements for construction works covered by this Regulation, they shall carry out an evaluation in relation to the product concerned covering the respective requirements laid down by this Regulation. The relevant economic operators shall cooperate as necessary with the market surveillance authorities.

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

Annexes

Annex I: Basic requirements for construction works

Annex II: Procedure for adopting a European assessment document

Annex III: Declaration of performance

Annex IV: Product areas and requirements for tabs

Annex V: Assessment and verification of constancy of performance

Read the full text of the consolidated version of the Regulation (including later amendments)

Read the full text of the original Regulation (without amendments)

This legal act is a regulation thus applying directly in the Member States - no national implementing measures are required.