legislation-profile

Construction Products Regulation

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

Scope

This regulation lays down conditions for the placing on the market 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. Definition: 'construction product' means any product or kit which is produced and placed on the market for incorporation in a permanent manner in construction works or parts thereof and the performance of which has an effect on the performance of the construction works with respect to the basic requirements for construction works.

Exemptions

Not specified

Regulatory activities

Declaration of performance (Art. 4) and affix the CE marking (Art.11): 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 products is placed on the market.

Relevant product types

Not applicable

Reference documents

Yes Directive 89/106/EEC for the establishment of harmonised standards for construction products and provided for the granting of European technical approvals 765/2008/EC setting out requirements for accreditation and market surveillance relating to the marketing of products 1907/2006/EC - REACH Regulation 98/8/EC Directive on biocidal products (now BPR) 2000/60/EC on water policy 1272/2008/EC - CLP Regulation 764/2008/EC laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another MS 2185/96/EC Regulation concerning on-the-spot checks and inspections carried out by the Commission 1073/1999/EC Regulation concerning investigations conducted by the European Anti-Fraud Office (OLAF) Harmonised standards shall be established by the European standardisation bodies listed in Annex I to Directive 98/34/EC. The Harmonised Standards Database (HAS) contains the list of harmonised standards that apply to the construction sector and it is used to generate the list of standards, which is the published on the DG GROW site.

Obligations based on CLP hazard class

Yes Where applicable, the declaration of performance should be accompanied by information on the content of hazardous substances in the construction products in order to improve the possibilities for sustainable construction. Such information should be provided without prejudice to the obligations, particulars with regard to labelling, laid down in other Union laws applicable to hazardous substances. (Recital 25)

Obligations based on properties of concerns

Yes See above (Recital 25) Note: No specific provisions with regard to the compliance obligations for substances that have CMR properties.

EU-level occupational exposure limits

Not applicable

EU-level emission limit values

Not applicable

Substance-centric data source(s) at the EU level

Yes The Construction Products-Dangerous Substances (CP-DS database) The CP-DS database is designed to help all interested parties to identify all relevant regulations in the field of dangerous substances in construction products. The information in the database regarding the European and notified national regulations and national contact points has been provided by the regulators of the countries involved. The European Commission (DG for Internal Market, Industry, Entrepreneurship and SMEs, unit Clean Technologies and Products) maintains the database and publishes its content on the Internet. Currently, CP-DS database contains national information of Germany and the Netherlands only.

Industry submission system in place

No

Format for industry submission

Not applicable

Owner

DG GROW

Update process

Notification bodies and MS authorities

Amendments

Commission Delegated Regulation (EU) No 568/2014 of 18 February 2014 Commission Delegated Regulation (EU) No 574/2014 of 21 February 2014