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Construction Products Regulation In force

Overview

Jurisdiction
European Union
Topic
Product Safety
Instrument type
Regulation
Reference number
305/2011
Valid from
2011-04-24
Valid to
2026-01-08
Modified date
2011-03-09
Listed at
2026-08-06
Withdrawn at
-
Description
Establishes harmonised conditions for the marketing of construction products, including requirements for declarations of performance, CE marking, technical assessments and the obligations of economic operators.

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Sources

Source URL Crawler Publish date
https://publications.europa.eu/resource/celex/32011R0305 Schokolade

Logs

Type Status Started at Finished at
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Rule sets

Label Effective
Economic operators dealing in construction products 2013-07-01 — 9999-12-31
Applies from milestone:
Repeal (2013-07-01)
Expires at milestone:
-
Conditions:
  • Products contains No Linked Attribute Value “construction products”
Manufacturers of harmonised construction products 2013-07-01 — 9999-12-31
Applies from milestone:
Repeal (2013-07-01)
Expires at milestone:
-

No conditions.

Importers or distributors treated as manufacturers 2013-07-01 — 9999-12-31
Applies from milestone:
Repeal (2013-07-01)
Expires at milestone:
-

No conditions.

Micro-enterprises manufacturing harmonised construction products 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:
The manufacturer must draw up a declaration of performance when placing the product on the market and state the product’s performance in relation to its essential characteristics in accordance with the relevant harmonised technical specifications.
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:
Market surveillance authorities
Check method:
Check of technical coverage and completeness of the declaration of performance
Rule set:
-
Source reference:
Artikel 4 Absatz 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:
The manufacturer must affix the CE marking visibly, legibly and indelibly before placing the product on the market, on the product or, where necessary, on the packaging or accompanying documents, together with the required information.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
Construction products for which a declaration of performance has been drawn up
Checking responsibility:
Market surveillance authorities
Check method:
Visual inspection of the marking on the product, label, packaging or accompanying documents and comparison with the declaration of performance
Rule set:
-
Source reference:
Artikel 9 Absatz 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.
Prepare technical documentation Record Keeping -
Description:
The manufacturer must draw up, as the basis for the declaration of performance, technical documentation describing all relevant elements related to the required system for assessment and verification of constancy of performance.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
Construction products for which a declaration of performance and technical documentation are required
Checking responsibility:
Market surveillance authorities
Check method:
Check that the technical documentation exists and is complete
Rule set:
-
Source reference:
Artikel 11 Absatz 1
Source excerpt:
Manufacturers shall, as the basis for the declaration of performance, draw up technical documentation describing all the relevant elements related to the required system of assessment and verification of constancy of performance.
Retain documents for ten years Record Keeping -
Description:
The manufacturer must keep the technical documentation and declaration of performance for ten years after the construction product has been placed on the market.
Frequency:
Continuous
Check frequency:
Event-triggered
Products/Services:
Technical documentation and declarations of performance for construction products
Checking responsibility:
Market surveillance authorities
Check method:
Request and review of the documents during the retention period
Rule set:
-
Source reference:
Artikel 11 Absatz 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.
Identify products and provide manufacturer details Record Keeping -
Description:
The manufacturer must make the product identifiable and indicate its name or trade mark and a contact address.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
Construction products and their packaging or accompanying documents
Checking responsibility:
Market surveillance authorities
Check method:
Check of the product, batch or serial number and the manufacturer’s identity and contact address
Rule set:
-
Source reference:
Artikel 11 Absatz 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.
Provide instructions and safety information Other -
Description:
Manufacturers and importers must ensure that the product is accompanied by instructions and safety information in a language determined by the Member State concerned that can be easily understood by users.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
Construction products made available on the market
Checking responsibility:
Market surveillance authorities
Check method:
Check that accompanying instructions and safety information are in the required language and understandable
Rule set:
-
Source reference:
Artikel 11 Absatz 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-compliant or risky products Due Diligence -
Description:
Manufacturers and importers must immediately take corrective measures or withdraw or recall the product and, where it presents a risk, inform the competent national authorities.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
Construction products that are non-compliant or present a risk
Checking responsibility:
Competent national authorities and market surveillance authorities
Check method:
Review of conformity information, corrective measures and, where applicable, notification to competent authorities
Rule set:
-
Source reference:
Artikel 11 Absatz 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.
Verify conformity before placing on the market Due Diligence -
Description:
Importers may place only compliant construction products on the Union market and must first verify the required assessments, documents, markings and manufacturer details.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
Construction products placed on the Union market by importers from third countries
Checking responsibility:
Market surveillance authorities
Check method:
Pre-market check of the assessment, technical documentation, declaration of performance, CE marking and manufacturer details
Rule set:
-
Source reference:
Artikel 13 Absatz 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.
Ensure compliant storage and transport Due Diligence -
Description:
Importers and distributors must ensure that storage and transport 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:
Market surveillance authorities
Check method:
Control of storage and transport conditions
Rule set:
-
Source reference:
Artikel 13 Absatz 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 a product available on the market, distributors must exercise due care and verify that the required markings, documents, instructions and details are present.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
Construction products made available on the market by distributors
Checking responsibility:
Market surveillance authorities
Check method:
Check of the CE marking, accompanying documents, instructions, safety information and manufacturer and importer details
Rule set:
-
Source reference:
Artikel 14 Absatz 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.
Ensure supply-chain traceability Record Keeping -
Description:
Economic operators must, on request, identify the companies that supplied products to them and the companies to which they supplied products.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
Construction products and their supply chains
Checking responsibility:
Market surveillance authorities
Check method:
Provision of information and documents to market surveillance authorities and tracing of immediate supply relationships
Rule set:
-
Source reference:
Artikel 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.
Limit performance information to the declaration of performance Reporting -
Description:
The manufacturer may provide information about performance only if it is included and specified in the declaration of performance, unless a legal exception applies.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
Information about the performance of construction products covered by a harmonised standard or conforming to a European Technical Assessment
Checking responsibility:
Market surveillance authorities
Check method:
Check whether performance information is included and specified in the declaration of performance
Rule set:
-
Source reference:
Artikel 4 Absatz 2
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, information in any form about its performance in relation to the essential characteristics, as defined in the applicable harmonised technical specification, may be provided only if included and specified in the declaration of performance except where, in accordance with Article 5, no declaration of performance has been drawn up.
Supply the declaration of performance Reporting -
Description:
The manufacturer must supply a copy of the declaration of performance with each construction product made available on the market, in paper or electronic form, and provide a paper copy upon request.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
Construction products made available on the market
Checking responsibility:
Market surveillance authorities
Check method:
Check whether each product is supplied with a paper or electronic copy of the declaration of performance, and in paper form upon request
Rule set:
-
Source reference:
Artikel 7 Absatz 1
Source excerpt:
A copy of the declaration of performance of each product which is made available on the market shall be supplied either in paper form or by electronic means.

Measures

No measures.

Penalties

Description Kind Rule set
Market surveillance authorities may prohibit or restrict the making available of a non-compliant construction product on the national market or require its withdrawal or recall. Prohibition of Sales -
Responsible authority:
Nationale Marktüberwachungsbehörden
Source reference:
Artikel 56 Absatz 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.
Where formal non-compliance continues, the Member State may restrict or prohibit the making available of the construction product on the market or ensure its recall or withdrawal. Other Prohibitions and Exclusions -
Responsible authority:
Mitgliedstaatliche Behörden
Source reference:
Artikel 59 Absatz 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.
The authority may require a non-compliant product to be brought into compliance, withdrawn from the market or recalled. Other Prohibitions and Exclusions -
Responsible authority:
Marktüberwachungsbehörden
Source reference:
Artikel 56 Absatz 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.
For a compliant construction product that nevertheless continues to present a risk, the authority may require corrective measures, withdrawal from the market or recall. Other Prohibitions and Exclusions -
Responsible authority:
Mitgliedstaatliche Behörden
Source reference:
Artikel 58 Absatz 1
Source excerpt:
Where, having performed an evaluation pursuant to Article 56(1), a Member State finds that, although a construction product is in compliance with this Regulation, it presents a risk for the fulfilment of the basic requirements for construction works, to the health or safety of persons or to other aspects of public interest protection, it shall require the relevant economic operator to take all appropriate measures to ensure that the construction product concerned, when placed on the market, no longer presents that risk, to withdraw the construction product from the market or to recall it within a reasonable period, commensurate with the nature of the risk, which it may prescribe.

Milestones

Date Type Description
2011-03-09 Adopted Adoption of the Regulation
Source reference:
Schlussformel
Source excerpt:
Done at Strasbourg, 9 March 2011.
2011-04-04 Other Publication in the Official Journal of the European Union
Source reference:
Kopf des Amtsblatts
Source excerpt:
4.4.2011
2011-04-24 Entry into Force Entry into force on the 20th day following publication
Source reference:
Artikel 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 Application starts for the main substantive provisions
Source reference:
Artikel 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; transitional provisions apply to products already placed on the market
Source reference:
Artikel 65 Absatz 1
Source excerpt:
Directive 89/106/EEC is repealed.

Linked regulations

Type Regulation
Cites REACH Regulation