Emtract Ingest

Overview

Jurisdiction: European Union
Topic: -
Instrument type: Regulation
Reference number: 305/2011
Valid from: 2011-04-24
Valid to: 2026-08-06
Modified date: 2024-04-04
Listed at: Unlisted draft
Withdrawn at: -
Description: Establishes harmonised conditions for the marketing of construction products, including requirements for declarations of performance, CE marking, technical assessments, and obligations of manufacturers, importers and distributors.

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Rule sets

	Label	Effective
	Manufacturers of covered construction products	2013-07-01 — 9999-12-31
	Applies from milestone: Repeal (2013-07-01) Expires at milestone: - No conditions.
	Importers of construction products	2013-07-01 — 9999-12-31
	Country scope: AT, BE, BG, HR, CY, CZ, DK, EE, FI, FR, DE, GR, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, ES, SE Applies from milestone: Repeal (2013-07-01) Expires at milestone: - No conditions.
	Distributors of construction products	2013-07-01 — 9999-12-31
	Applies from milestone: Repeal (2013-07-01) Expires at milestone: - No conditions.
	Exempted special manufacturing cases	2013-07-01 — 9999-12-31
	Applies from milestone: Repeal (2013-07-01) Expires at milestone: - No conditions.

Questions this regulation asks

Attributes only this regulation asks about — criteria no general attribute expresses. A company answers each once.

This regulation asks no questions of its own — every condition uses a general attribute.

Obligations

Title	Kind	Rule set
Draw up a declaration of performance	Reporting	-
Description: Draw up a declaration of performance when placing a covered construction product on the market. Frequency: Event-triggered Check frequency: Event-triggered Products/Services: Construction products covered by a harmonised standard or conforming to a European Technical Assessment issued for them Checking responsibility: Manufacturer; oversight by competent national authorities Check method: Review of product documentation and the applicable harmonised technical specifications Rule set: - Source reference: Article 4(1) Source excerpt: When a construction product is covered by a harmonised standard or conforms to a European Technical Assessment which has been issued for it, the manufacturer shall draw up a declaration of performance when such a product is placed on the market.
Affix the CE marking	Other	-
Description: Affix the CE marking visibly, legibly and indelibly to the product, its label, packaging or accompanying documents before placing the product on the market. Frequency: Event-triggered Check frequency: Event-triggered Products/Services: Construction products with a declaration of performance Checking responsibility: Manufacturer; market surveillance authorities Check method: Visual inspection of the marking and comparison with the declaration of performance Rule set: - Source reference: Article 9(1) Source excerpt: The CE marking shall be affixed visibly, legibly and indelibly to the construction product or to a label attached to it. Where this is not possible or not warranted on account of the nature of the product, it shall be affixed to the packaging or to the accompanying documents.
Provide CE-marking information	Record Keeping	-
Description: Provide the prescribed information with the CE marking, including the manufacturer, product type, declaration, declared performance and intended use. Frequency: Event-triggered Check frequency: Event-triggered Products/Services: Construction products with a declaration of performance Checking responsibility: Manufacturer; market surveillance authorities Check method: Review of marking particulars Rule set: - Source reference: Article 9(2) Source excerpt: The CE marking shall be followed by the two last digits of the year in which it was first affixed, the name and the registered address of the manufacturer, or the identifying mark allowing identification of the name and address of the manufacturer easily and without any ambiguity, the unique identification code of the product-type, the reference number of the declaration of performance, the level or class of the performance declared, the reference to the harmonised technical specification applied, the identification number of the notified body, if applicable, and the intended use as laid down in the harmonised technical specification applied.
Keep documents for ten years	Record Keeping	-
Description: Keep the technical documentation and declaration of performance for ten years after the product has been placed on the market. Frequency: Other Check frequency: Other Products/Services: Technical documentation and declarations of performance for construction products Checking responsibility: Manufacturer Check method: Document review by market surveillance authorities Rule set: - Source reference: Article 11(2) Source excerpt: Manufacturers shall keep the technical documentation and the declaration of performance for a period of 10 years after the construction product has been placed on the market.
Maintain constancy of series production	Due Diligence	-
Description: Ensure procedures maintain the declared performance in series production and appropriately monitor and document changes, samples, complaints, non-conforming products and recalls. Frequency: Continuous Check frequency: Continuous Products/Services: Construction products manufactured in series Checking responsibility: Manufacturer Check method: Continuous production control and, where appropriate, sample testing; complaint and recall registers Rule set: - Source reference: Article 11(3) Source excerpt: Manufacturers shall ensure that procedures are in place to ensure that series production maintains the declared performance. Changes in the product-type and in the applicable harmonised technical specifications shall be adequately taken into account.
Identify products	Record Keeping	-
Description: Provide the product with a type, batch or serial number or another element allowing its identification. Frequency: Event-triggered Check frequency: Event-triggered Products/Services: Construction products Checking responsibility: Manufacturer Check method: Review of product marking or accompanying documents Rule set: - Source reference: Article 11(4) Source excerpt: Manufacturers shall ensure that their construction products bear a type, batch or serial number or any other element allowing their identification, or, where the size or nature of the product does not allow it, that the required information is provided on the packaging or in a document accompanying the construction product.
Indicate manufacturer details	Record Keeping	-
Description: Indicate the name, registered trade name or trade mark and a contact address. Frequency: Event-triggered Check frequency: Event-triggered Products/Services: Construction products Checking responsibility: Manufacturer Check method: Review of manufacturer details on the product, packaging or accompanying documents Rule set: - Source reference: Article 11(5) Source excerpt: Manufacturers shall indicate on the construction product or, where that is not possible, on its packaging or in a document accompanying it, their name, registered trade name or registered trade mark and their contact address.
Provide instructions and safety information	Other	-
Description: Accompany the product with instructions and safety information in a language determined by the relevant Member State and easily understood by users. Frequency: Event-triggered Check frequency: Event-triggered Products/Services: Construction products made available on the market Checking responsibility: Manufacturer and importer Check method: Review of accompanying instructions and safety information Rule set: - Source reference: Article 11(6) Source excerpt: When making a construction product available on the market, manufacturers shall ensure that the product is accompanied by instructions and safety information in a language determined by the Member State concerned which can be easily understood by users.
Correct non-compliance	Due Diligence	-
Description: Immediately take corrective measures or withdraw or recall the product when non-compliance is identified, and inform the competent national authorities where the product presents a risk. Frequency: Event-triggered Check frequency: Event-triggered Products/Services: Non-compliant construction products Checking responsibility: Manufacturer and importer Check method: Conformity review and notification to national authorities Rule set: - Source reference: Article 11(7) Source excerpt: Manufacturers who consider or have reason to believe that a construction product which they have placed on the market is not in conformity with the declaration of performance or not in compliance with other applicable requirements in this Regulation, shall immediately take the necessary corrective measures to bring that construction product into conformity, or, if appropriate, to withdraw or recall it.
Perform importer checks	Due Diligence	-
Description: Before placing the product on the market, ensure that assessment and verification were performed, the technical documentation and declaration exist, the CE marking is present where required and required documents accompany the product. Frequency: Event-triggered Check frequency: Event-triggered Products/Services: Construction products placed on the Union market by importers Checking responsibility: Importer Check method: Prior review of assessment, documentation, CE marking and manufacturer details Rule set: - Source reference: Article 13(2) Source excerpt: Before placing a construction product on the market, importers shall ensure that the assessment and the verification of constancy of performance has been carried out by the manufacturer.
Maintain compliant storage and transport	Due Diligence	-
Description: Ensure storage or transport conditions do not jeopardise the product’s conformity. Frequency: Continuous Check frequency: Continuous Products/Services: Construction products under the responsibility of importers or distributors Checking responsibility: Importers and distributors Check method: Monitoring of storage and transport conditions Rule set: - Source reference: Article 13(5) Source excerpt: Importers shall ensure that, while a construction product is under their responsibility, storage or transport conditions do not jeopardise its conformity with the declaration of performance and compliance with other applicable requirements in this Regulation.
Distributor checks before making available	Due Diligence	-
Description: Before making the product available, ensure the required CE marking, documents, instructions and safety information are present and that the manufacturer and importer have fulfilled their identification duties. Frequency: Event-triggered Check frequency: Event-triggered Products/Services: Construction products made available on the market by distributors Checking responsibility: Distributor Check method: Review of CE marking, documents, instructions and economic-operator details Rule set: - Source reference: Article 14(2) Source excerpt: Before making a construction product available on the market distributors shall ensure that the product, where required, bears the CE marking and is accompanied by the documents required under this Regulation and by instructions and safety information in a language determined by the Member State concerned which can be easily understood by users.
Identify supply-chain operators	Record Keeping	-
Description: Upon request, identify the economic operators from whom a product was supplied and to whom it was supplied. Frequency: Event-triggered Check frequency: Event-triggered Products/Services: Construction products in the supply chain Checking responsibility: All economic operators Check method: Provision of supply-chain information to market surveillance authorities Rule set: - Source reference: Article 16 Source excerpt: For the period referred to in Article 11(2), economic operators shall, on request, identify the following to market surveillance authorities: (a) any economic operator who has supplied them with a product; (b) any economic operator to whom they have supplied a product.

Measures

No measures.

Penalties

Description	Kind	Rule set
Restriction or prohibition of making the construction product available on the market, and withdrawal or recall where formal non-compliance continues.	Other Prohibitions and Exclusions	-
Responsible authority: Member State market surveillance authorities Source reference: Article 59(2) Source excerpt: Where the non-compliance referred to in paragraph 1 continues, the Member State shall take all appropriate measures to restrict or prohibit the making available on the market of the construction product or ensure that it is recalled or withdrawn from the market.
Withdrawal from the market or recall of a non-compliant or risky construction product.	Other Prohibitions and Exclusions	-
Responsible authority: Market surveillance authorities Source reference: Article 56(1) Source excerpt: 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.
Prohibition or restriction of making a risky construction product available on the national market.	Prohibition of Sales	-
Responsible authority: Market surveillance authorities Source reference: Article 56(4) Source excerpt: Where the relevant economic operator, within the period referred to in the second subparagraph of paragraph 1, does not take adequate corrective action, the market surveillance authorities shall take all appropriate provisional measures to prohibit or restrict the making available of the construction product on the national market or to withdraw the construction product from that market or to recall it.

Milestones

Date	Type	Description
2011-03-09	Adopted	Adoption of Regulation (EU) No 305/2011
Source reference: Final paragraph before Annex I Source excerpt: Done at Strasbourg, 9 March 2011.
2011-04-04	Other	Publication in the Official Journal of the European Union
Source reference: Official Journal header Source excerpt: 4.4.2011
2011-04-24	Entry into Force	Entry into force of the Regulation, 20 days after its publication
Source reference: Article 68 Source excerpt: This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
2013-07-01	Application Start	Start of application of the expressly listed provisions
Source reference: Article 68 Source excerpt: However, Articles 3 to 28, Articles 36 to 38, Articles 56 to 63, Articles 65 and 66, as well as Annexes I, II, III and V shall apply from 1 July 2013.
2013-07-01	Repeal	Repeal of Directive 89/106/EEC and transition for construction products previously placed on the market
Source reference: Article 65(1) Source excerpt: Directive 89/106/EEC is repealed.

Linked regulations

	Type	Regulation
	Cites	Commission Recommendation concerning the definition of micro, small and medium-sized enterprises
	Source reference: Article 2(27) Source excerpt: Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises
	Repeals	Council Directive 89/106/EEC
	Source reference: Article 65(1) Source excerpt: Directive 89/106/EEC is repealed.
	Cites	Regulation (EC) No 765/2008
	Source reference: Recital (9) Source excerpt: Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products
	Cites	Decision No 768/2008/EC
	Source reference: Recital (9) Source excerpt: Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products
	Cites	Directive 98/34/EC
	Source reference: Recital (18) Source excerpt: Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services
	Cites	REACH Regulation
	Source reference: Recital (25) Source excerpt: Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency
	Cites	Directive 98/8/EC
	Source reference: Recital (25) Source excerpt: Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market
	Cites	Directive 2000/60/EC
	Source reference: Recital (25) Source excerpt: Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy
	Cites	Directive 2008/98/EC
	Source reference: Recital (25) Source excerpt: Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste
	Cites	Regulation (EC) No 1272/2008
	Source reference: Recital (25) Source excerpt: Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures
	Cites	Regulation (EC) No 764/2008
	Source reference: Recital (42) Source excerpt: Article 10(1) of Regulation (EC) No 764/2008 of the European Parliament and of the Council of 9 July 2008 laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another Member State
	Cites	Regulation (EC) No 764/2008
	Source reference: Article 10(1) Source excerpt: Regulation (EC) No 764/2008
	Cites	Regulation (EC) No 764/2008
	Source reference: Article 10(2) Source excerpt: Articles 10 and 11 of Regulation (EC) No 764/2008 shall apply to Product Contact Points for Construction.
	Cites	Council Decision 1999/468/EC
	Source reference: Recital (50) Source excerpt: Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission
	Cites	Commission Regulation (EC, Euratom) No 2342/2002
	Source reference: Article 31(2) Source excerpt: Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities
	Cites	Council Regulation (EC, Euratom) No 1605/2002
	Source reference: Article 31(3) Source excerpt: Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation
	Cites	Regulation (EC, Euratom) No 2342/2002
	Source reference: Article 31(3) Source excerpt: Regulation (EC, Euratom) No 2342/2002
	Cites	Council Regulation (EC, Euratom) No 2988/95
	Source reference: Article 35(1) Source excerpt: Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities’ financial interests
	Cites	Council Regulation (Euratom, EC) No 2185/96
	Source reference: Article 35(1) Source excerpt: Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities
	Cites	Regulation (EC) No 1073/1999
	Source reference: Article 35(1) Source excerpt: Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF)
	Cites	Regulation (EC) No 765/2008
	Source reference: Article 2(25) Source excerpt: Regulation (EC) No 765/2008
	Cites	Regulation (EC) No 765/2008
	Source reference: Article 8(1) Source excerpt: Regulation (EC) No 765/2008
	Cites	Regulation (EC) No 765/2008
	Source reference: Article 10(1) Source excerpt: Regulation (EC) No 765/2008
	Cites	Regulation (EC) No 765/2008
	Source reference: Article 40(2) Source excerpt: Regulation (EC) No 765/2008
	Cites	Regulation (EC) No 765/2008
	Source reference: Article 47(2) Source excerpt: Regulation (EC) No 765/2008
	Cites	Regulation (EC) No 765/2008
	Source reference: Article 56(1) Source excerpt: Article 20 of Regulation (EC) No 765/2008
	Cites	Regulation (EC) No 765/2008
	Source reference: Article 56(1) Source excerpt: Article 21 of Regulation (EC) No 765/2008 shall apply to the measures referred to in the second subparagraph of this paragraph.
	Cites	Council Directive 89/106/EEC
	Source reference: Article 66(1) Source excerpt: Directive 89/106/EEC
	Cites	Council Directive 89/106/EEC
	Source reference: Article 66(2) Source excerpt: Directive 89/106/EEC
	Cites	Council Directive 89/106/EEC
	Source reference: Article 66(3) Source excerpt: Article 11 of Directive 89/106/EEC
	Cites	Council Directive 89/106/EEC
	Source reference: Article 66(4) Source excerpt: Article 9 of Directive 89/106/EEC

Construction Products Regulation In force Unlisted