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Regulation (EU) No 305/2011 of the European Parliament and of the CouncilShow full title
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)
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- Revised 16/06/20140.44 MB
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Changes over time for: ANNEX V
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Changes and effects yet to be applied to the whole legislation item and associated provisions
- Art. 2(21) word omitted by S.I. 2019/465 Sch. 1 para. 3(11)(b) (This amendment not applied to legislation.gov.uk. Sch. 1 para. 3(11) substituted immediately before it comes into force by S.I. 2020/1359, reg. 1, Sch. 1 para. 5(c))
- Art. 2(21) words inserted by S.I. 2019/465 Sch. 1 para. 3(11)(c) (This amendment not applied to legislation.gov.uk. Sch. 1 para. 3(11) substituted immediately before it comes into force by S.I. 2020/1359, reg. 1, Sch. 1 para. 5(c))
- Art. 2(21) words substituted by S.I. 2019/465 Sch. 1 para. 3(11)(a) (This amendment not applied to legislation.gov.uk. Sch. 1 para. 3(11) substituted immediately before it comes into force by S.I. 2020/1359, reg. 1, Sch. 1 para. 5(c))
- Art. 2(29) inserted by S.I. 2024/504 reg. 16(2)
- Art. 19(1A) inserted by S.I. 2024/504 reg. 16(3)
- Art. 21(1B) inserted by S.I. 2024/504 reg. 16(4)
- Art. 30(2A) inserted by S.I. 2024/504 reg. 16(6)
[F1ANNEX VU.K. ASSESSMENT AND VERIFICATION OF CONSTANCY OF PERFORMANCE
Textual Amendments
1. SYSTEMS OF ASSESSMENT AND VERIFICATION OF CONSTANCY OF PERFORMANCE U.K.
The manufacturer shall draw up the declaration of performance and determine the product-type on the basis of the assessments and verifications of constancy of performance carried out under the following systems:
1.1. System 1+ U.K.
(a)
The manufacturer shall carry out:
(i)
factory production control;
(ii)
further testing of samples taken at the manufacturing plant by the manufacturer in accordance with the prescribed test plan.
(b)
The [F2approved] product certification body shall decide on the issuing, restriction, suspension or withdrawal of the certificate of constancy of performance of the construction product on the basis of the outcome of the following assessments and verifications carried out by that body:
(i)
an assessment of the performance of the construction product carried out on the basis of testing (including sampling), calculation, tabulated values or descriptive documentation of the product;
(ii)
initial inspection of the manufacturing plant and of factory production control;
(iii)
continuing surveillance, assessment and evaluation of factory production control;
(iv)
audit — testing of samples taken by the [F2approved] product certification body at the manufacturing plant or at the manufacturer's storage facilities.
Textual Amendments
F2Word in Annex 5 Point 1 substituted (31.12.2020) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465), reg. 1, Sch. 1 para. 69(2) (with Sch. 1 paras. 70, 75) (as amended by S.I. 2020/1359, reg. 1, Sch. 1 paras. 16, 17); 2020 c. 1, Sch. 5 para. 1(1)
1.2. System 1 U.K.
(a)
The manufacturer shall carry out:
(i)
factory production control;
(ii)
further testing of samples taken at the manufacturing plant by the manufacturer in accordance with the prescribed test plan.
(b)
The [F2approved] product certification body shall decide on the issuing, restriction, suspension or withdrawal of the certificate of constancy of performance of the construction product on the basis of the outcome of the following assessments and verifications carried out by that body:
(i)
an assessment of the performance of the construction product carried out on the basis of testing (including sampling), calculation, tabulated values or descriptive documentation of the product;
(ii)
initial inspection of the manufacturing plant and of factory production control;
(iii)
continuing surveillance, assessment and evaluation of factory production control.
1.3. System 2+ U.K.
(a)
The manufacturer shall carry out:
(i)
an assessment of the performance of the construction product on the basis of testing (including sampling), calculation, tabulated values or descriptive documentation of that product;
(ii)
factory production control;
(iii)
testing of samples taken at the manufacturing plant by the manufacturer in accordance with the prescribed test plan.
(b)
The [F2approved] factory production control certification body shall decide on the issuing, restriction, suspension or withdrawal of the certificate of conformity of the factory production control on the basis of the outcome of the following assessments and verifications carried out by that body:
(i)
initial inspection of the manufacturing plant and of factory production control;
(ii)
continuing surveillance, assessment and evaluation of factory production control.
1.4. System 3 U.K.
(a)
The manufacturer shall carry out factory production control.
(b)
The [F2approved] laboratory shall assess the performance on the basis of testing (based on sampling carried out by the manufacturer), calculation, tabulated values or descriptive documentation of the construction product.
1.5. System 4 U.K.
(a)
The manufacturer shall carry out:
(i)
an assessment of the performance of the construction product on the basis of testing, calculation, tabulated values or descriptive documentation of that product;
(ii)
factory production control.
(b)
No tasks require the intervention of [F2approved] bodies.
1.6. Construction products for which a [F3UK] Technical Assessment has been issued U.K.
[F4Approved] bodies undertaking tasks under Systems 1+, 1 and 3 as well as manufacturers undertaking tasks under Systems 2+ and 4 shall consider the [F3UK] Technical Assessment issued for the construction product in question as the assessment of the performance of that product. [F4Approved] bodies and manufacturers shall therefore not undertake the tasks referred to in points 1.1.(b)(i), 1.2.(b)(i), 1.3.(a)(i), 1.4.(b) and 1.5.(a)(i) respectively.
Textual Amendments
F4Word in Annex 5 Point 1.6 substituted (31.12.2020) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465), reg. 1, Sch. 1 para. 69(3)(b) (with Sch. 1 paras. 70, 75) (as amended by S.I. 2020/1359, reg. 1, Sch. 1 paras. 16, 17); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F3Word in Annex 5 Point 1.6 substituted (31.12.2020) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465), reg. 1, Sch. 1 para. 69(3)(a) (with Sch. 1 paras. 70, 75) (as amended by S.I. 2020/1359, reg. 1, Sch. 1 paras. 16, 17); 2020 c. 1, Sch. 5 para. 1(1)
2. BODIES INVOLVED IN THE ASSESSMENT AND VERIFICATION OF CONSTANCY OF PERFORMANCE U.K.
With respect to the function of [F5approved] bodies involved in the assessment and verification of constancy of performance for construction products, distinction shall be made between:
(1)
product certification body: a body [F5approved], in accordance with Chapter VII, to carry out constancy of performance certification;
(2)
factory production control certification body: a body [F5approved], in accordance with Chapter VII, to carry out factory production control certification;
(3)
laboratory: a body [F5approved], in accordance with Chapter VII, to measure, examine, test, calculate or otherwise assess the performance of construction products.
Textual Amendments
F5Word in Annex 5 Point 2 substituted (31.12.2020) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465), reg. 1, Sch. 1 para. 69(4) (with Sch. 1 paras. 70, 75) (as amended by S.I. 2020/1359, reg. 1, Sch. 1 paras. 16, 17); 2020 c. 1, Sch. 5 para. 1(1)
3. HORIZONTAL [F6APPROVALS]: CASES OF ESSENTIAL CHARACTERISTICS WHERE REFERENCE TO A RELEVANT HARMONISED TECHNICAL SPECIFICATION IS NOT REQUIRED U.K.
1.
Reaction to fire
2.
Resistance to fire
3.
External fire performance
4.
Acoustic performance
5.
Emissions of dangerous substances.]
Textual Amendments
F6Word in Annex 5 Point 3 substituted (31.12.2020) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465), reg. 1, Sch. 1 para. 69(5) (with Sch. 1 paras. 70, 75) (as amended by S.I. 2020/1359, reg. 1, Sch. 1 paras. 16, 17); 2020 c. 1, Sch. 5 para. 1(1)
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