Regulation (EU) No 305/2011 of the European Parliament and of the CouncilShow full title

CHAPTER IU.K. GENERAL PROVISIONS

Article 1U.K.Subject matter

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 [F1use of UK marking, and in certain cases CE marking or CE marking accompanied by the UK(NI) indication,] on those products.

Article 2U.K.Definitions

For the purposes of this Regulation the following definitions shall apply:

Article 3U.K.Basic requirements for construction works and essential characteristics of construction products

1.The basic requirements for construction works set out in Annex I shall constitute the basis for the preparation of standardisation mandates [F17, standards under Article 18A, and UK Assessment Documents].

2.The essential characteristics of construction products shall be laid down in harmonised technical specifications in relation to the basic requirements for construction works.

3.For specific families of construction products covered by a [F18designated] standard, the [F19Secretary of State may,] in relation to their intended uses as defined in [F18designated] standards, determine by [F20regulations] in accordance with Article 60, those essential characteristics for which the manufacturer shall declare the performance of the product when it is placed on the market.

[F21The Secretary of State may] also determine, by [F22regulations] in accordance with Article 60, the threshold levels for the performance in relation to the essential characteristics to be declared.

CHAPTER IIU.K.DECLARATION OF PERFORMANCE AND [F23UK] MARKING

Article 4U.K.Declaration of performance

1.When a construction product is covered by a [F24designated] standard or conforms to a [F25UK] 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.

2.When a construction product is covered by a [F26designated] standard or conforms to a [F27UK] 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.

3.By drawing up the declaration of performance, the manufacturer shall assume responsibility for the conformity of the construction product with such declared performance. In the absence of objective indications to the contrary, F28... the declaration of performance drawn up by the manufacturer [F29shall be presumed] to be accurate and reliable.

Article 5U.K.Derogations from drawing up a declaration of performance

By way of derogation from Article 4(1) and in the absence of [F30any enactment or rule of law in the United Kingdom in respect of Great Britain] requiring the declaration of essential characteristics where the construction products are intended to be used, a manufacturer may refrain from drawing up a declaration of performance when placing a construction product covered by a [F31designated] standard on the market where:

Article 6U.K.Content of the declaration of performance

1.The declaration of performance shall express the performance of construction products in relation to the essential characteristics of those products in accordance with the relevant harmonised technical specifications.

2.The declaration of performance shall contain, in particular, the following information:

(a)the reference of the product-type for which the declaration of performance has been drawn up;

(b)the system or systems of assessment and verification of constancy of performance of the construction product, as set out in Annex V;

(c)the reference number and date of issue of the [F35designated] standard or the [F36UK] Technical Assessment which has been used for the assessment of each essential characteristic;

(d)where applicable, the reference number of the Specific Technical Documentation used and the requirements with which the manufacturer claims the product complies.

3.The declaration of performance shall in addition contain:

(a)the intended use or uses for the construction product, in accordance with the applicable harmonised technical specification;

(b)the list of essential characteristics, as determined in the harmonised technical specification for the declared intended use or uses;

(c)the performance of at least one of the essential characteristics of the construction product, relevant for the declared intended use or uses;

(d)where applicable, the performance of the construction product, by levels or classes, or in a description, if necessary based on a calculation in relation to its essential characteristics determined in accordance with Article 3(3);

(e)the performance of those essential characteristics of the construction product which are related to the intended use or uses, taking into consideration the provisions in relation to the intended use or uses where the manufacturer intends the product to be made available on the market;

(f)for the listed essential characteristics for which no performance is declared, the letters ‘NPD’ (No Performance Determined);

(g)when a [F37UK] Technical Assessment has been issued for that product, the performance, by levels or classes, or in a description, of the construction product in relation to all essential characteristics contained in the corresponding [F38UK Assessment Document].

4.The declaration of performance shall be drawn up using the model set out in Annex III.

5.The information referred to in Article 31 or, as the case may be, in Article 33 of Regulation (EC) No 1907/2006 [F39as amended from time to time], shall be provided together with the declaration of performance.

Article 7U.K.Supply of the declaration of performance

1.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.

However, where a batch of the same product is supplied to a single user, it may be accompanied by a single copy of the declaration of performance either in paper form or by electronic means.

2.A paper copy of the declaration of performance shall be supplied if the recipient requests it.

3.By way of derogation from paragraphs 1 and 2, the copy of the declaration of performance may be made available on a web site in accordance with conditions to be established by the [F40Secretary of State] by [F41regulations] in accordance with Article 60. Such conditions shall, inter alia, guarantee that the declaration of performance remains available at least for the period referred to in Article 11(2).

4.The declaration of performance shall be supplied in [F42English].

[F43Article 8U.K. Use of UK marking

1.The UK marking must be affixed to those construction products for which the manufacturer has drawn up a declaration of performance in accordance with Articles 4 and 6.

The UK marking must be affixed only by the manufacturer or the manufacturer's authorised representative.

2.If a declaration of performance has not been drawn up by the manufacturer in accordance with Articles 4 and 6, the UK marking must not be affixed.

3.By affixing or having affixed the UK marking, manufacturers indicate that they take responsibility for the conformity of the construction product with the declared performance as well as the compliance with all applicable requirements laid down in this Regulation and in other enactments providing for its affixing.

4.The rules for affixing the UK marking provided for in other enactments (including in Article 30 of RAMS) apply without prejudice to this Article.

5.A public authority within the meaning of section 6 of the Human Rights Act 1998 may not impose rules or conditions impeding the use of a construction product bearing the UK marking, or the CE marking (or CE marking accompanied by the UK(NI) indication) where Article 16A(2)(a) applies, when the declared performances correspond to the requirements for such use in Great Britain.]

Article 9U.K.Rules and conditions for the affixing of [F44UK] marking

1.The [F44UK] 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.

2.The [F44UK] 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 [F45approved] body, if applicable, and the intended use as laid down in the harmonised technical specification applied.

3.The [F44UK] marking shall be affixed before the construction product is placed on the market. It may be followed by a pictogram or any other mark notably indicating a special risk or use.

F46Article 10U.K.Product Contact Points for Construction

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CHAPTER IIIU.K.OBLIGATIONS OF ECONOMIC OPERATORS

Article 11U.K.Obligations of manufacturers

1.Manufacturers shall draw up a declaration of performance in accordance with Articles 4 and 6, and affix the [F47UK] marking in accordance with Articles 8 and 9.

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.

2.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.

Where appropriate, the [F48Secretary of State] may, by [F49regulations] in accordance with Article 60, amend that period for families of construction products on the basis of the expected life or part played by the construction product in the construction works.

3.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.

Manufacturers shall, where deemed appropriate with regard to ensuring the accuracy, reliability and stability of the declared performance of a construction product, carry out sample testing of construction products placed or made available on the market, investigate, and, if necessary, keep a register of complaints, of non-conforming products and of product recalls, and keep distributors informed of any such monitoring.

4.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.

5.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. The address shall indicate a single point at which the manufacturer can be contacted.

6.When making a construction product available on the market, manufacturers shall ensure that the product is accompanied by instructions and safety information in [F50English].

7.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. Furthermore, where the product presents a risk, manufacturers shall immediately inform [F51a competent authority] to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.

8.Manufacturers shall, further to a reasoned request from a competent F52... authority, provide it with all the information and documentation necessary to demonstrate the conformity of the construction product with the declaration of performance and compliance with other applicable requirements in this Regulation, in [F53English]. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by construction products which they have placed on the market.

Article 12U.K.Authorised representatives

1.A manufacturer may appoint, by written mandate, an authorised representative.

The drawing up of technical documentation shall not form part of the authorised representative’s mandate [F54established in the United Kingdom].

2.An authorised representative shall perform the tasks specified in the mandate. The mandate shall allow the authorised representative to carry out at least the following tasks:

(a)keep the declaration of performance and the technical documentation at the disposal of [F55market] surveillance authorities for the period referred to in Article 11(2);

(b)further to a reasoned request from a competent F56... authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of the construction product with the declaration of performance and compliance with other applicable requirements in this Regulation;

(c)cooperate with [F57a competent authority, at its] request, on any action taken to eliminate the risks posed by construction products covered by the mandate of the authorised representative.

Article 13U.K.Obligations of importers

1.Importers shall place on the [F58market of Great Britain] only construction products which are compliant with the applicable requirements of this Regulation.

2.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. They shall ensure that the manufacturer has drawn up the technical documentation referred to in the second subparagraph of Article 11(1) and the declaration of performance in accordance with Articles 4 and 6. They shall also ensure that the product, where required, bears the [F59UK] marking, that the product is accompanied by the required documents and that the manufacturer has complied with the requirements set out in Article 11(4) and (5).

Where an importer considers or has reason to believe that the construction product is not in conformity with the declaration of performance or not in compliance with other applicable requirements in this Regulation, the importer shall not place the construction product on the market until it conforms to the accompanying declaration of performance and it complies with the other applicable requirements in this Regulation or until the declaration of performance is corrected. Furthermore, where the construction product presents a risk, the importer shall inform the manufacturer and the market surveillance authorities thereof.

3.Importers shall indicate on the construction product or, where that is not possible, on its packaging or in a document accompanying the product their name, registered trade name or registered trade mark and their contact address.

4.Importers shall ensure that, when making a construction product available on the market, the product is accompanied by instructions and safety information in [F60English].

5.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.

6.Importers shall, when deemed appropriate with regard to ensuring the accuracy, reliability and stability of the declared performance of a construction product, carry out sample testing of construction products placed or made available on the market, investigate, and, if necessary, keep a register of complaints, of non-conforming products and of product recalls, and shall keep distributors informed of any such monitoring.

7.Importers 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, where appropriate, to withdraw or recall it. Furthermore, where the product presents a risk, importers shall immediately inform [F61a competent authority] thereof, giving details, in particular, of the non-compliance and of any corrective measures taken.

8.Importers shall, for the period referred to in Article 11(2), keep a copy of the declaration of performance at the disposal of the market surveillance authorities and ensure that the technical documentation is made available to those authorities, upon request.

9.Importers shall, further to a reasoned request from a competent F62... authority, provide it with all the information and documentation necessary to demonstrate the conformity of the construction product with the declaration of performance and compliance with other applicable requirements in this Regulation, in [F63English]. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by construction products which they have placed on the market.

Article 14U.K.Obligations of distributors

1.When making a construction product available on the market, distributors shall act with due care in relation to the requirements of this Regulation.

2.Before making a construction product available on the market distributors shall ensure that the product, where required, bears the [F64UK] marking and is accompanied by the documents required under this Regulation and by instructions and safety information in [F65English.] Distributors shall also ensure that the manufacturer and the importer have complied with the requirements set out in Article 11(4) and (5) and Article 13(3) respectively.

Where a distributor considers or has reason to believe that a construction product is not in conformity with the declaration of performance or not in compliance with other applicable requirements in this Regulation, the distributor shall not make the product available on the market until it conforms to the accompanying declaration of performance and it complies with the other applicable requirements in this Regulation or until the declaration of performance is corrected. Furthermore, where the product presents a risk, the distributor shall inform the manufacturer or the importer thereof, and the market surveillance authorities.

3.A distributor shall ensure that, while a construction product is under his responsibility, storage or transport conditions do not jeopardise its conformity with the declaration of performance and compliance with other applicable requirements in this Regulation.

4.Distributors who consider or have reason to believe that a construction product which they have made available on the market is not in conformity with the declaration of performance or not in compliance with other applicable requirements in this Regulation, shall make sure that the corrective measures necessary to bring that product in conformity, to withdraw it or recall it, as appropriate, are taken. Furthermore, where the product presents a risk, distributors shall immediately inform [F66a competent authority] thereof, giving details, in particular, of the non-compliance and of any corrective measures taken.

5.Distributors shall, further to a reasoned request from a competent F67... authority, provide it with all the information and documentation necessary to demonstrate the conformity of the construction product with the declaration of performance and compliance with other applicable requirements in this Regulation in [F68English.] They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by construction products which they have made available on the market.

Article 15U.K.Cases in which obligations of manufacturers apply to importers and distributors

An importer or distributor shall be considered a manufacturer for the purposes of this Regulation and shall be subject to the obligations of a manufacturer pursuant to Article 11, where he places a product on the market under his name or trademark or modifies a construction product already placed on the market in such a way that conformity with the declaration of performance may be affected.

Article 16U.K.Identification of economic operators

For the period referred to in Article 11(2), economic operators shall, on request, identify the following to market surveillance authorities:

[F69Article 16AU.K. Obligations on a manufacturer which are met by complying with obligations in the EU Construction Products Regulation

1.Paragraph 2 applies where:

(a)a construction product is covered by a standard which:

(i)is designated under Article 18B(1)(b); or

(ii)becomes a designated standard under Article 18B(2); and

(b)before the product is placed on the market, the manufacturer:

(i)carries out the assessment and the verification of constancy of performance required by the EU Construction Products Regulation;

(ii)complies with Chapter 6 of the EU Construction Products Regulation in relation to the use, if any, of simplified procedures;

(iii)draws up a declaration of performance for the product in accordance with Articles 4 and 6 of the EU Construction Products Regulation;

(iv)provides the information referred to in Article 6(4) of the EU Construction Products Regulation with the declaration of performance;

(v)draws up the technical documentation referred to in Article 11(1) of the EU Construction Products Regulation; and

(vi)affixes or has affixed a CE marking in accordance with Articles 8 and 9 of the EU Construction Products Regulation or, in the case of a product to which regulation 4(2)(b) of the Construction Products (Amendment etc.) (EU Exit) Regulations 2020 applies, a CE marking accompanied by the UK(NI) indication in accordance with Articles 8 and 9 of the EU Construction Products Regulation.

2.Where this paragraph applies:

(a)the requirements on the manufacturer in the following provisions are to be treated as satisfied:

(i)Article 4(1);

(ii)Article 6;

(iii)Article 8(1);

(iv)Article 9;

(v)Article 11(1);

(vi)Article 28(1);

(b)Article 8(3) has effect as if there were substituted:

“3.By affixing or having affixed the CE marking or CE marking accompanied by the UK(NI) indication, manufacturers indicate that they take responsibility for the conformity of the construction product with the declared performance as well as the compliance with all applicable requirements laid down in this Regulation and in other enactments allowing for the affixing of the CE marking or CE marking accompanied by the UK(NI) indication in satisfaction of a requirement to affix the UK marking.”;

(c)the following provisions have effect subject to the modifications in paragraph 3:

(i)Article 4(2) and (3);

(ii)Article 7;

(iii)Article 11(2) to (8);

(iv)Article 12;

(v)Article 15;

(d)Chapter 6 and Article 59 do not apply.

3.The modifications are that:

(a)any reference to technical documentation is to be read as a reference to the technical documentation referred to in the second subparagraph of Article 11(1) of the EU Construction Products Regulation;

(b)any reference to a declaration of performance is to be read as a reference to the declaration of performance drawn up by the manufacturer in accordance with Articles 4 and 6 of the EU Construction Products Regulation;

(c)any reference to the UK marking is to be read as a reference to the CE marking or, as the case may be, CE marking accompanied by the UK(NI) indication.]

[F69Article 16BU.K. Obligations on an importer which are met by complying with obligations in the EU Construction Products Regulation

1.Paragraph 2 applies where:

(a)a construction product is covered by a standard which:

(i)is designated under Article 18B(1)(b); or

(ii)becomes a designated standard under Article 18B(2); and

(b)before placing the product on the market, an importer:

(i)finds that the product does not bear the UK marking;

(ii)ensures that the manufacturer has:

(aa)carried out the assessment and the verification of constancy of performance required by the EU Construction Products Regulation;

(bb)drawn up the technical documentation referred to in the second subparagraph of Article 11(1) of the EU Construction Products Regulation;

(cc)drawn up the declaration of performance in accordance with Articles 4 and 6 of the EU Construction Products Regulation; and

(dd)complied with Article 11(4) and (5) of this Regulation; and

(iii)ensures that the product bears the CE marking, or in the case of a product to which regulation 4(2)(b) of the Construction Products (Amendment etc.) (EU Exit) Regulations 2020 applies, the CE marking accompanied by the UK(NI) indication;

(iv)ensures that the product is accompanied by the ‘required documents’ referred to in Article 13(2) of the EU Construction Products Regulation.

2.Where this paragraph applies:

(a)the requirements on the importer in the first subparagraph of Article 13(2) are to be treated as satisfied;

(b)the following provisions of Article 13 have effect subject to the modifications in paragraph 3:

(i)the second subparagraph of paragraph 2;

(ii)paragraph 5;

(iii)paragraphs 7 to 9.

3.The modifications are that:

(a)any reference to a declaration of performance is to be read as a reference to the declaration of performance drawn up by the manufacturer in accordance with Articles 4 and 6 of the EU Construction Products Regulation;

(b)any reference to technical documentation is to be read as a reference to the technical documentation referred to in the second subparagraph of Article 11(1) of the EU Construction Products Regulation.]

[F69Article 16CU.K. Obligations on a distributor which are met by complying with obligations in the EU Construction Products Regulation

1.Paragraph 2 applies where:

(a)a construction product is covered by a standard which:

(i)is designated under Article 18B(1)(b); or

(ii)becomes a designated standard under Article 18B(2); and

(b)before making the product available on the market, a distributor:

(i)finds that the product does not bear the UK marking; and

(ii)ensures that:

(aa) the product bears the CE marking, or in the case of a product to which regulation 4(2)(b) of the Construction Products (Amendment etc.) (EU Exit) Regulations 2020 applies, the CE marking accompanied by the UK(NI) indication;

(bb)the product is accompanied by the ‘documents required’ referred to in Article 14(2) of the EU Construction Products Regulation and by instructions and safety information in English;

(cc)the manufacturer has complied with Article 11(4) and (5) of this Regulation; and

(dd)the importer has complied with Article 13(3) of this Regulation.

2.Where this paragraph applies:

(a)the requirements on the distributor in the first subparagraph of Article 14(2) are to be treated as satisfied;

(b)Article 14 has effect as if any reference to a declaration of performance were a reference to the declaration of performance drawn up by the manufacturer in accordance with Articles 4 and 6 of the EU Construction Products Regulation.]

CHAPTER IVU.K.HARMONISED TECHNICAL SPECIFICATIONS

F70Article 17U.K.Harmonised standards

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F71Article 18U.K.Formal objection against harmonised standards

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[F72Article 18AU.K. Standardisation mandate

1.A recognised standardisation body may submit a proposal to develop a standard for the purposes of this Regulation to the Secretary of State.

2.The Secretary of State may issue a standardisation mandate to a recognised standardisation body which is, or is not, based on a proposal submitted under paragraph 1.

3.Where the standardisation mandate is based on a proposal submitted under paragraph 1, the mandate must be issued to the body who submitted the proposal.

4.When developing a standard in response to a standardisation mandate, a recognised standardisation body must consult with such persons as it considers appropriate on the content of the standard.

5.A standard must:

(a)provide the methods and the criteria for assessing the performance of the construction products in relation to their essential characteristics;

(b)when provided for in the relevant standardisation mandate, refer to an intended use of products to be covered by it;

(c)where appropriate and without endangering the accuracy, reliability or stability of the results, provide methods less onerous than testing for assessing the performance of the construction products in relation to their essential characteristics;

(d)determine the applicable factory production control, which must take into account the specific conditions of the manufacturing process of the construction product concerned;

(e)include technical details necessary for the implementation of the system of assessment and verification of constancy of performance.]

[F72Article 18BU.K. Designated standards

1.The Secretary of State may designate as a designated standard:

(a)a standard which is prepared by a recognised standardisation body [F73or adopted by an international standardising body] and satisfies the requirements of Article 18A(5);

(b)a harmonised standard which is adopted by a European standardisation body before, or on or after IP completion day, which does not become designated under paragraph 2.

2.Where, immediately before IP completion day—

(a)a reference to a harmonised standard has been published in the Official Journal of the European Union under this Regulation; and

(b)a British standard transposing the harmonised standard has been adopted,

the British standard becomes a designated standard on IP completion day; and the Secretary of State must, as soon as reasonably practicable after IP completion day, publish a reference to that standard.

The coexistence period for the standard is the period established by the European Commission under Article 17(5) as it had effect immediately before IP completion day.

3.Before designating a standard under paragraph 1, the Secretary of State must have regard to whether the standard is consistent with any [F74, or any other, standards adopted by international standardising bodies] which the Secretary of State considers to be relevant.

4.The Secretary of State is to designate a standard under paragraph 1 by publishing the reference to the standard and maintaining that publication in such manner as the Secretary of State considers appropriate.

Where the standard is a harmonised standard, the published reference may be the reference to a British standard transposing the harmonised standard.

5.Alongside a reference to a standard designated under paragraph 1, the Secretary of State must publish:

(a)the references of any superseded harmonised technical specifications;

(b)the date of the beginning of the coexistence period;

(c)the date of the end of the coexistence period.

6.The Secretary of State may change the date of the beginning or end of the coexistence period for a designated standard to a later date by publishing the revised date in such manner as the Secretary of State considers appropriate.

7.When considering whether the manner of publication of a reference or a revised date is appropriate, the Secretary of State must have regard to whether the publication will draw the standard or the revised date to the attention of any persons who may have an interest in it.

8.Without prejudice to Articles 36 to 38, from the date of the end of the coexistence period, the designated standard is to be the only means used for drawing up a declaration of performance for a construction product covered by it.

At the end of the coexistence period, any other national standards are to be treated as invalid to the extent that they are inconsistent with the designated standard.

9.Where a designated standard is a harmonised standard:

(a)the provisions of the harmonised standard which address the EU Construction Products Regulation are to be treated as the provisions of the designated standard which address this Regulation;

(b)any reference in the harmonised standard to a system of assessment and verification of constancy of performance under the EU Construction Products Regulation is to be treated as a reference to the equivalent system under this Regulation.

[F7510.In this Article “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).]]

[F72Article 18CU.K. Objection to a designated standard

1.Where the Secretary of State considers that a designated standard is no longer appropriate, the Secretary of State may, after consulting with such persons as the Secretary of State considers appropriate, decide to maintain, maintain with restriction or withdraw the reference to the designated standard.

2.Where the standard was prepared by a recognised standardisation body in response to a standardisation mandate, the Secretary of State must inform the recognised standardisation body of the decision under paragraph 1 and may request the revision of the standard.]

Article 19U.K. [F76UK] Assessment Document

1.Following a request for a [F77UK] Technical Assessment by a manufacturer, a [F77UK] Assessment Document shall be drawn up and adopted by the [F78responsible TAB] for any construction product not covered or not fully covered by a [F79designated] standard, for which the performance in relation to its essential characteristics cannot be entirely assessed according to an existing [F79designated] standard, because, inter alia:

(a)the product does not fall within the scope of any existing [F79designated] standard;

(b)for at least one essential characteristic of that product, the assessment method provided for in the [F79designated] standard is not appropriate; or

(c)the [F79designated] standard does not provide for any assessment method in relation to at least one essential characteristic of that product.

2.The procedure for adopting the [F80UK] Assessment Document shall respect the principles set out in Article 20 and shall comply with Article 21 and Annex II.

3.The [F81Secretary of State] may [F82make regulations] in accordance with Article 60 to amend Annex II and establish supplementary procedural rules for the development and adoption of a [F83UK] Assessment Document.

[F844.The Secretary of State may use a UK Assessment Document as a basis for a standardisation mandate with a view to developing a standard for a product referred to in paragraph 1 of this Article.]

Article 20U.K.Principles for the development and adoption of [F85UK] Assessment Documents

1.The procedure for developing and adopting [F86UK] Assessment Documents shall:

(a)be transparent to the manufacturer concerned;

(b)define appropriate mandatory time limits in order to avoid unjustified delay;

(c)take appropriately into account the protection of commercial secrecy and confidentiality;

(d)allow for adequate participation by the [F87Secretary of State];

(e)be cost-effective for the manufacturer; and

(f)ensure sufficient collegiality and coordination amongst TABs designated for the product in question.

2.The TABs shall F88... bear the full costs of the development and adoption of [F89UK] Assessment Documents.

Article 21U.K.Obligations of the TAB receiving a request for a [F90UK] Technical Assessment

1.The [F91responsible TAB] shall inform the manufacturer if the construction product is covered, fully or partially, by a harmonised technical specification as follows:

(a)where the product is fully covered by a [F92designated] standard, the TAB shall inform the manufacturer that, in accordance with Article 19(1), a [F93UK] Technical Assessment cannot be issued;

(b)where the product is fully covered by a [F94UK] Assessment Document, the TAB shall inform the manufacturer that such a document will be used as the basis for the [F94UK] Technical Assessment to be issued;

(c)where the product is not covered, or not fully covered, by any harmonised technical specification, the TAB shall apply the procedures set out in Annex II or those established in accordance with Article 19(3).

[F951A.A TAB may use a pre-exit European Assessment Document as a UK Assessment Document provided it has obtained any necessary consent to do so from the organisation of TABs established under the EU Construction Products Regulation.]

2.In the cases referred to in points (b) and (c) of paragraph 1, the [F96responsible] TAB shall inform F97... the [F98Secretary of State] of the content of the request and of the reference to a relevant [F98Secretary of State] decision for assessment and verification of constancy of performance, which the TAB intends to apply for that product, or of the lack of such a [F98Secretary of State] decision.

3.If the [F99Secretary of State] considers that an appropriate decision for assessment and verification of constancy of performance does not exist for the construction product, Article 28 shall apply.

[F100Article 22U.K.Publication

1.When a responsible TAB adopts a UK Assessment Document, it must send a copy of the document to the Secretary of State.

2.Subject to Article 25(1), the Secretary of State must publish a list of references of the final UK Assessment Documents in such manner as the Secretary of State considers appropriate to bring the documents to the attention of persons who may have interest in them.

The Secretary of State must publish any changes to the list.]

Article 23U.K.Dispute resolution in cases of disagreement between TABs

If the TABs do not agree upon the [F101UK] Assessment Document within the time limits provided for, the [F102responsible TAB] shall submit this matter to the [F103Secretary of State] for appropriate resolution.

Article 24U.K.Content of the [F104UK] Assessment Document

1.A [F105UK] Assessment Document shall contain, at least, a general description of the construction product, the list of essential characteristics, relevant for the intended use of the product as foreseen by the manufacturer and agreed between the manufacturer and the [F106responsible TAB], as well as the methods and criteria for assessing the performance of the product in relation to those essential characteristics.

2.Principles for the applicable factory production control to be applied shall be set out in the [F107UK] Assessment Document, taking into account the conditions of the manufacturing process of the construction product concerned.

3.Where the performance of some of the essential characteristics of the product can appropriately be assessed with methods and criteria already established in other harmonised technical specifications F108... , those existing methods and criteria shall be incorporated as parts of the [F109UK] Assessment Document.

[F1104.Where the performance of some of the essential characteristics of the product can appropriately be assessed with methods and criteria already established in pre-exit European Assessment Documents, or used in accordance with Article 9 of Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products before 1 July 2013 in the context of issuing European technical approvals, those existing methods and criteria may, subject to any necessary consent from the organisation of TABs established under the EU Construction Products Regulation, be incorporated as parts of the UK Assessment Document.]

[F111Article 25U.K. Formal objections against UK Assessment Documents

1.Where the Secretary of State considers that a UK Assessment Document does not satisfy the demands to be met in relation to the basic requirements for construction works set out in Annex 1, the Secretary of State must decide, after consulting the responsible TAB, any other relevant TABs, and such other persons as the Secretary of State considers appropriate, to publish, not to publish, to publish with restriction, to maintain, to maintain with restriction or to withdraw the reference to the UK Assessment Document.

2.The Secretary of State must inform the responsible TAB and any other relevant TABs of the decision under paragraph 1 and may request the revision of the UK Assessment Document concerned.]

Article 26U.K. [F112UK] Technical Assessment

1.The [F113UK] Technical Assessment shall be issued by a TAB, at the request of a manufacturer on the basis of a [F113UK] Assessment Document established in accordance with the procedures set out in Article 21 and Annex II.

Provided that there is a [F113UK] Assessment Document, a [F113UK] Technical Assessment may be issued even in the case where a [F114standardisation] mandate for a [F115designated] standard has been issued. Such issuing shall be possible until the beginning of the coexistence period as determined F116... in accordance with [F117Article 18B].

2.The [F118UK] Technical Assessment shall include the performance to be declared, by levels or classes, or in a description, of those essential characteristics agreed by the manufacturer and the [F119responsible TAB] for the declared intended use, and technical details necessary for the implementation of the system of assessment and verification of constancy of performance.

[F1203.The Secretary of State must make regulations to establish the format of the UK Technical Assessment.]

[F121Article 27U.K.Levels or classes of performance

1.The Secretary of State may make regulations, in accordance with Article 60, to establish classes of performance in relation to the essential characteristics of construction products.

2.Where the Secretary of State has established classes of performance in relation to the essential characteristics of construction products, a recognised standardisation body must use those classes in a standard prepared under Article 18A. A responsible TAB must where relevant use those classes in UK Assessment Documents.

Where classes of performance in relation to the essential characteristics of construction products are not established by the Secretary of State, they may be established by a recognised standardisation body in a standard prepared under Article 18A, on the basis of a revised standardisation mandate.

3.When provided for in the relevant standardisation mandate, a recognised standardisation body must establish in a standard prepared under Article 18A threshold levels in relation to essential characteristics and, when appropriate, for intended uses, to be fulfilled by construction products in Great Britain.

4.Where a recognised standardisation body has established classes of performance in a designated standard or a European standardisation body has established such classes in a harmonised standard which is a designated standard, a responsible TAB must use those classes in the UK Assessment Documents where they are relevant for the construction product.

When deemed appropriate, a responsible TAB may, with the agreement of the Secretary of State and after consulting such persons as it considers appropriate, establish in the UK Assessment Document classes of performance and threshold levels in relation to the essential characteristics of a construction product within its intended use as foreseen by the manufacturer.

5.The Secretary of State may make regulations, in accordance with Article 60, to establish conditions under which a construction product is to be deemed to satisfy a certain level or class of performance without testing or without further testing.

Where such conditions are not established by the Secretary of State, they may be established by a recognised standardisation body in a standard prepared under Article 18A, on the basis of a revised standardisation mandate.

6.When the Secretary of State has established classification systems in accordance with paragraph 1, any person may determine the levels or classes of performance to be respected by construction products in relation to their essential characteristics only in accordance with those classification systems.

7.A recognised standardisation body and a responsible TAB must respect the regulatory needs of Great Britain when determining threshold levels or classes of performance.]

Article 28U.K.Assessment and verification of constancy of performance

1.Assessment and verification of constancy of performance of construction products in relation to their essential characteristics shall be carried out in accordance with one of the systems set out in Annex V.

2.By means of [F122regulations] in accordance with Article 60, the [F123Secretary of State may] establish and may revise, taking into account in particular the effect on the health and safety of people, and on the environment, which system or systems are applicable to a given construction product or family of construction products or a given essential characteristic. F124...

The [F125Secretary of State] shall choose the least onerous system or systems consistent with the fulfilment of all basic requirements for construction works.

3.The system or systems thus determined shall be indicated in the [F126standardisation mandates, standards prepared under Article 18A, and UK Assessment Documents.]

CHAPTER VU.K.TECHNICAL ASSESSMENT BODIES

[F127Article 29U.K.Designation, monitoring and evaluation of TABs

1.A ‘TAB’ is a technical assessment body which:

(a)is designated as such by the Secretary of State under paragraph 3; or

(b)immediately before IP completion day was designated as such a body by the Secretary of State under this Article for one or several product areas.

2.Paragraph 1 is subject to Article 30(3) (withdrawal of designation).

3.The Secretary of State may designate a body established in the United Kingdom as a technical assessment body for one or several of the product areas listed in Table 1 of Annex 4.

4.The Secretary of State must make publicly available by electronic means the list of TABs indicating the product areas for which they are designated.

5.The Secretary of State must make any updates to that list publicly available.

6.The Secretary of State must monitor the activities and competence of the TABs and evaluate them in relation to the respective requirements set out in Table 2 of Annex 4.]

Article 30U.K.Requirements for TABs

1.A TAB shall carry out the assessment and issue the [F128UK] Technical Assessment in a product area for which it has been designated.

The TAB shall satisfy the requirements set out in Table 2 of Annex IV within the scope of its designation.

[F1292.A TAB must:

(a)work together with other TABs to develop UK Assessment Documents in accordance with Annex 2;

(b)share any observations concerning another TAB not fulfilling its tasks in accordance with Article 21 and Annex 2 with the Secretary of State;

(c)share examples of best practice with other TABs to promote greater efficiency and provide a better service to industry;

(d)make publicly available its organogram and the names of the members of its internal decision-making bodies.]

3.Where a TAB no longer complies with the requirements referred to in paragraph 1, the [F130Secretary of State] shall withdraw the designation of that TAB for the relevant product area F131...

[F132Article 31U.K.Coordination of TABs

1.The TABs must make such arrangements as they consider appropriate to ensure the coordination of TABs and, if necessary, cooperation and consultation with other stakeholders.

2.If the TABs decide to establish a separate body having legal personality and established in the United Kingdom to facilitate the coordination of TABs, a responsible TAB may delegate its functions under the specified provisions in relation to developing and adopting UK Assessment Documents to that body.

3.The “specified provisions” are—

(a)Article 19(1);

(b)Article 22(1);

(c)Article 23;

(d)Article 24;

(e)Article 27;

(f)sections 2, 4, 5, 7, 8 (excluding the duty to communicate the draft UK Assessment Document to the manufacturer) and 9 of Annex 2.]

[F133Article 32U.K.Financing

1.The Secretary of State may provide financial assistance to a TAB for the implementation of the tasks referred to in Articles 30(2) and 31.

2.Financial assistance may be provided in such form and on such terms as the Secretary of State considers appropriate.]

F134Article 33U.K.Financing arrangements

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F134Article 34U.K.Management and monitoring

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F134Article 35U.K.Protection of the Union’s financial interests

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CHAPTER VIU.K. SIMPLIFIED PROCEDURES

Article 36U.K.Use of Appropriate Technical Documentation

1.In determining the product-type, a manufacturer may replace type-testing or type-calculation by Appropriate Technical Documentation demonstrating that:

(a)for one or several essential characteristics of the construction product, which the manufacturer places on the market, that product is deemed to achieve a certain level or class of performance without testing or calculation, or without further testing or calculation, in accordance with the conditions set out in the relevant harmonised technical specification or [F135established by the Secretary of State under Article 27(5)];

(b)the construction product, covered by a [F136designated] standard, which the manufacturer places on the market corresponds to the product-type of another construction product, manufactured by another manufacturer and already tested in accordance with the relevant [F136designated] standard. When these conditions are fulfilled, the manufacturer is entitled to declare performance corresponding to all or part of the test results of this other product. The manufacturer may use the test results obtained by another manufacturer only after having obtained an authorisation of that manufacturer, who remains responsible for the accuracy, reliability and stability of those test results; or

(c)the construction product, covered by a harmonised technical specification, which the manufacturer places on the market is a system made of components, which the manufacturer assembles duly following precise instructions given by the provider of such a system or of a component thereof, who has already tested that system or that component for one or several of its essential characteristics in accordance with the relevant harmonised technical specification. When these conditions are fulfilled, the manufacturer is entitled to declare performance corresponding to all or part of the test results for the system or the component provided to him. The manufacturer may use the test results obtained by another manufacturer or system provider only after having obtained an authorisation of that manufacturer or system provider, who remains responsible for the accuracy, reliability and stability of those test results.

2.If the construction product referred to in paragraph 1 belongs to a family of construction products for which the applicable system for assessment and verification of constancy of performance is system 1 + or 1, as set out in Annex V, the Appropriate Technical Documentation referred to in paragraph 1 shall be verified by [F137an approved] product certification body as referred to in Annex V.

Article 37U.K.Use of simplified procedures by micro-enterprises

Micro-enterprises manufacturing construction products covered by a [F138designated] standard may replace the determination of the product-type on the basis of type-testing for the applicable systems 3 and 4 as set out in Annex V by using methods differing from those contained in the applicable [F138designated] standard. Those manufacturers may also treat construction products to which system 3 applies in accordance with provisions for system 4. When a manufacturer uses these simplified procedures, the manufacturer shall demonstrate compliance of the construction product with the applicable requirements by means of a Specific Technical Documentation and shall demonstrate the equivalence of the procedures used to the procedures laid down in the [F138designated] standards.

Article 38U.K.Other simplified procedures

1.In relation to construction products covered by a [F139designated] standard and which are individually manufactured or custom-made in a non-series process in response to a specific order, and which are installed in a single identified construction work, the performance assessment part of the applicable system, as set out in Annex V, may be replaced by the manufacturer by Specific Technical Documentation demonstrating compliance of that product with the applicable requirements and equivalence of the procedures used to the procedures laid down in the [F139designated] standards.

2.If the construction product referred to in paragraph 1 belongs to a family of construction products for which the applicable system for assessment and verification of constancy of performance is system 1 + or 1, as set out in Annex V, the Specific Technical Documentation shall be verified by [F140an approved] product certification body as referred to in Annex V.

CHAPTER VIIU.K.[F141APPROVED BODIES]

F142Article 39U.K.Notification

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[F143Article 39AU.K. Approved bodies

1.An “approved body” is a body which:

(a)is approved by the Secretary of State under Article 48 as a body authorised to carry out third party tasks in the process of assessment and verification of constancy of performance under this Regulation; or

(b)immediately before IP completion day was a notified body in respect of which the Secretary of State had taken no action under Article 50(1) (as it had effect immediately before IP completion day) to suspend or withdraw the body's status as a notified body.

2.Paragraph 1 has effect subject to Article 50(1) (restriction, suspension or withdrawal of approval).

3.Where an approved body was a notified body before IP completion day:

(a)it is to be treated on or after IP completion day as approved in respect of the same activities in relation to a harmonised standard in respect of which it was notified immediately before IP completion day where that standard becomes designated under Article 18B(2);

(b)any horizontal notification which was in force immediately before IP completion day in relation to a case set out in point 3 of Annex 5 to the EU Construction Products Regulation is to be treated on or after IP completion day as a horizontal approval under this Regulation.]

Article 40U.K.[F144Assessment, approval and monitoring of approved bodies]

1.[F145The Secretary of State] shall be responsible for setting up and carrying out the necessary procedures for the assessment and [F146approval] of the bodies to be authorised to carry out third-party tasks in the process of assessment and verification of constancy of performance for the purposes of this Regulation, and for the monitoring of [F147approved] bodies, including their compliance with Article 43.

2.[F148The Secretary of State] may decide that the assessment and monitoring referred to in paragraph 1 shall be carried out by [F149the UK national accreditation body].

[F1503.Where the Secretary of State delegates or otherwise entrusts the assessment, approval or monitoring referred to in paragraph 1 to a body which is not a governmental entity, that body must be a legal entity and must comply with the following requirements:

(a)it must be established in such a way that no conflicts of interest with approved bodies occur;

(b)it must be organised and operated so as to safeguard the objectivity and impartiality of its activities;

(c)it must be organised in such a way that each decision relating to approval of a body to be authorised to carry out third party tasks in the process of assessment and verification of constancy of performance is taken by competent persons different from those who carried out the assessment;

(d)it must not offer or provide activities performed by approved bodies, or consultancy services on a commercial or competitive basis;

(e)it must safeguard the confidentiality of the information obtained;

(f)it must have a sufficient number of competent personnel at its disposal for the proper performance of its tasks;

(g)it must have arrangements to cover liabilities arising from its activities.]

4.The [F151Secretary of State] shall take full responsibility for the tasks performed by the body referred to in paragraph 3.

F152Article 41U.K.Requirements relating to notifying authorities

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Article 42U.K.Information obligation for Member States

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Article 43U.K.Requirements for [F154approved] bodies

1.[F155An approved] body shall meet the requirements set out in paragraphs 2 to 11.

2.[F156An approved] body shall be established [F157in the United Kingdom] and have legal personality.

3.[F158An approved] body shall be a third-party body independent from the organisation or the construction product it assesses.

A body belonging to a business association or professional federation representing undertakings involved in the design, manufacturing, provision, assembly, use or maintenance of construction products which it assesses, can on condition that its independence and the absence of any conflict of interest are demonstrated, be considered to be such a body.

4.[F158An approved] body, its top-level management and the personnel responsible for carrying out the third party tasks in the process of assessment and verification of constancy of performance shall not be the designer, manufacturer, supplier, installer, purchaser, owner, user or maintainer of the construction products which it assesses, nor the authorised representative of any of those parties. This shall not preclude the use of assessed products that are necessary for the operations of the [F159approved] body or the use of products for personal purposes.

[F158An approved] body, its top-level management and the personnel responsible for carrying out the third party tasks in the process of assessment and verification of constancy of performance shall not become directly involved in the design, manufacture or construction, marketing, installation, use or maintenance of those construction products, nor represent the parties engaged in those activities. They shall not engage in any activity that may conflict with their independence of judgement and integrity related to the activities for which they have been [F159approved]. This shall, in particular, apply to consultancy services.

[F158An approved] body shall ensure that activities of its subsidiaries or subcontractors do not affect the confidentiality, objectivity and impartiality of its assessment and/or verification activities.

5.[F158An approved] body and its personnel shall carry out the third party tasks in the process of assessment and verification of constancy of performance with the highest degree of professional integrity and requisite technical competence in the specific field and must be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of their assessment and/or verification activities, especially from persons or groups of persons with an interest in the results of those activities.

6.[F158An approved] body shall be capable of carrying out all the third party tasks in the process of assessment and verification of constancy of performance assigned to it in accordance with Annex V in relation to which it has been [F159approved], whether those tasks are carried out by the [F159approved] body itself or on its behalf and under its responsibility.

At all times and for each system of assessment and verification of constancy of performance and for each kind or category of construction products, essential characteristics and tasks in relation to which it has been [F159approved], the [F159approved] body shall have the following at its disposal:

(a)the necessary personnel with technical knowledge and sufficient and appropriate experience to perform the third party tasks in the process of assessment and verification of constancy of performance;

(b)the necessary description of procedures according to which the assessment of performance is carried out, ensuring the transparency and the ability of reproduction of these procedures; it shall have appropriate policies and procedures in place that distinguish between the tasks it carries out as [F158an approved] body and other activities;

(c)the necessary procedures to perform its activities which take due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the product technology in question and the mass or serial nature of the production process.

[F158An approved] body shall have the means necessary to perform the technical and administrative tasks connected with the activities for which it is [F159approved] in an appropriate manner and shall have access to all necessary equipment or facilities.

7.The personnel responsible for carrying out the activities in relation to which the body has been [F160approved], shall have the following:

(a)sound technical and vocational training covering all the third party tasks in the process of assessment and verification of constancy of performance within the relevant scope for which the body has been [F160approved];

(b)satisfactory knowledge of the requirements of the assessments and verifications they carry out and adequate authority to carry out such operations;

(c)appropriate knowledge and understanding of the applicable [F161designated] standards and of the relevant provisions of the Regulation;

(d)the ability required to draw up the certificates, records and reports to demonstrate that the assessments and the verifications have been carried out.

8.The impartiality of the [F162approved] body, its top-level management and assessment personnel shall be guaranteed.

The remuneration of the [F162approved] body’s top-level management and assessment personnel shall not depend on the number of assessments carried out or on the results of such assessments.

[F1639.An approved body must have adequate liability insurance in respect of its activities.]

10.The personnel of the [F164approved] body shall be bound to observe professional secrecy with regard to all information gained in carrying out its tasks under Annex V, except in relation to [F165a competent authority, the UK national accreditation body or any other body to which the Secretary of State delegates or otherwise entrusts the monitoring of the approved body.] Proprietary rights shall be protected.

11.[F166An approved] body shall participate in, or ensure that its assessment personnel is informed of, the relevant standardisation activities and the activities of the [F167approved] body coordination group established under this Regulation and shall apply as general guidance the administrative decisions and documents produced as a work result of that group.

Article 44U.K.Presumption of conformity

[F168An approved] body to be authorised to carry out third party tasks in the process of assessment and verification of constancy of performance which demonstrates its conformity with the criteria laid down in the relevant [F169designated] standards or parts thereof F170... shall be presumed to comply with the requirements set out in Article 43 in so far as the applicable [F169designated] standards cover those requirements.

Article 45U.K.Subsidiaries and subcontractors of [F171approved] bodies

1.Where [F172an approved] body subcontracts specific tasks connected with the third party tasks in the process of assessment and verification of constancy of performance or has recourse to a subsidiary, it shall ensure that the subcontractor or the subsidiary meets the requirements set out in Article 43, and shall inform the [F173Secretary of State] accordingly.

2.The [F174approved] body shall take full responsibility for the tasks performed by subcontractors or subsidiaries wherever these are established.

3.Activities may be subcontracted or carried out by a subsidiary only with the agreement of the client.

4.The [F175approved] body shall keep at the disposal of the [F176Secretary of State] the relevant documents concerning the assessment of the qualifications of any subcontractor or the subsidiary and the tasks carried out by such parties under Annex V.

Article 46U.K.Use of facilities outside the testing laboratory of the [F177approved] body

1.On request of the manufacturer and where justified by technical, economic or logistic reasons, [F178approved] bodies may decide to carry out the tests referred to in Annex V, for the systems of assessment and verification of constancy of performance 1+, 1 and 3 or have such tests carried out under their supervision, either in the manufacturing plants using the test equipments of the internal laboratory of the manufacturer or, with the prior consent of the manufacturer, in an external laboratory, using the test equipments of that laboratory.

[F178Approved] bodies carrying out such tests shall be specifically designated as competent to work away from their own accredited test facilities.

2.Before carrying out those tests, the [F178approved] body shall verify whether the requirements of the test method are satisfied and shall evaluate whether:

(a)test equipment has an appropriate calibration system and the traceability of the measurements is guaranteed;

(b)the quality of the test results is ensured.

Article 47U.K.Application for [F179approval]

1.A body to be authorised to carry out third party tasks in the process of assessment and verification of constancy of performance shall submit an application for [F180approval] to the [F181Secretary of State.]

2.The application shall be accompanied by a description of the activities to be performed, the assessment and/or verification procedures for which the body claims to be competent, an accreditation certificate, where one exists, issued by the [F182UK] national accreditation body F183... , attesting that the body meets the requirements laid down in Article 43.

3.Where the body concerned cannot provide an accreditation certificate, it shall provide the [F184Secretary of State] with all documentary evidence necessary for the verification, recognition and regular monitoring of its compliance with the requirements laid down in Article 43.

Article 48U.K. [F185Approval] procedure

1.[F186The Secretary of State] may [F187approve] only bodies which have satisfied the requirements laid down in Article 43.

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3.The [F189approval] shall include full details of the functions to be performed, reference to the relevant harmonised technical specification and, for the purposes of the system set out in Annex V, the essential characteristics for which the body is competent.

However, reference to the relevant harmonised technical specification is not required in the cases set out in point 3 of Annex V.

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Article 49U.K.Identification numbers and lists of [F191approved] bodies

1.The [F192Secretary of State] shall assign an identification number to each [F193approved] body.

It shall assign a single such number even where the body is [F193approved] under several [F194relevant enactments].

2.The [F195Secretary of State] shall make publicly available the list of [F196approved bodies], including the identification numbers that have been allocated to them and the activities for which they have been [F197approved.]

The [F198Secretary of State] shall ensure that this list is kept up-to-date.

[F1993.The Secretary of State may authorise the UK national accreditation body to compile and maintain the list referred to in paragraph 2.]

[F200Article 50U.K. Changes to the approval

1.Where the Secretary of State considers that an approved body no longer meets the requirements in Article 43, or that it is failing to fulfil its obligations, the Secretary of State must restrict, suspend or withdraw the approval as appropriate, depending on the seriousness of the failure to meet those requirements or to fulfil those obligations.

2.In the event of withdrawal, restriction or suspension of approval or where the approved body has ceased its activity, the Secretary of State must take the appropriate steps to ensure that the files of that body are either processed by another approved body or kept available for the Secretary of State and other market surveillance authorities at their request.]

F201Article 51U.K.Challenge of the competence of notified bodies

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Article 52U.K.Operational obligations for [F202approved] bodies

1.[F203Approved] bodies shall carry out third party tasks in accordance with the systems of assessment and verification of constancy of performance provided for in Annex V.

2.Assessments and verifications of constancy of performance shall be carried out with transparency as regards the manufacturer, and in a proportionate manner, avoiding an unnecessary burden for economic operators. The [F204approved] bodies shall perform their activities taking due account of the size of the undertaking, the sector in which the undertaking operates, its structure, the degree of complexity of the product technology in question and the mass or serial nature of the production process.

In so doing, the [F204approved] bodies shall nevertheless respect the degree of rigour required for the product by this Regulation and the part played by the product for the fulfilment of all basic requirements for construction works.

3.Where, in the course of the initial inspection of the manufacturing plant and of factory production control, [F205an approved] body finds that the manufacturer has not ensured the constancy of performance of the manufactured product, it shall require the manufacturer to take appropriate corrective measures and shall not issue a certificate.

4.Where, in the course of the monitoring activity aiming at the verification of the constancy of performance of the manufactured product, [F206an approved] body finds that a construction product no longer has the same performance to that of the product-type, it shall require the manufacturer to take appropriate corrective measures and shall suspend or withdraw its certificate if necessary.

5.Where corrective measures are not taken or do not have the required effect, the [F207approved] body shall restrict, suspend or withdraw any certificates, as appropriate.

Article 53U.K.Information obligations for [F208approved] bodies

1.[F209Approved] bodies shall inform the [F210Secretary of State] of the following:

(a)any refusal, restriction, suspension or withdrawal of certificates;

(b)any circumstances affecting the scope of, and conditions for, [F211approval];

(c)any request for information on assessment and/or verification of constancy of performance activities carried out which they have received from market surveillance authorities;

(d)on request, third party tasks in accordance with the systems of assessment and verification of constancy of performance carried out within the scope of their [F212approval] and any other activity performed, including cross-border activities and subcontracting.

2.[F213Approved] bodies shall provide the other bodies [F213approved] under this Regulation carrying out similar third party tasks in accordance with the systems of assessment and verification of constancy of performance and for construction products covered by the same harmonised technical specification with relevant information on issues relating to negative and, on request, positive results from these assessments and/or verifications.

F214Article 54U.K.Exchange of experience

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[F215Article 55U.K. Coordination of approved bodies

1.The Secretary of State must establish a group of approved bodies to ensure appropriate coordination and cooperation between approved bodies.

2.Approved bodies must participate in the work of that group, directly or by means of designated representatives, or ensure that their representatives are informed of the work of the group.]

CHAPTER VIIIU.K.MARKET SURVEILLANCE F216...

Article 56U.K.Procedure to deal F217... with construction products presenting a risk

1.Where the market surveillance authorities F218... have taken action pursuant to Article 20 of [F219RAMS] or where they have sufficient reason to believe that a construction product covered by a [F220designated] standard or for which a [F221UK] 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.

The market surveillance authorities shall inform the [F222approved] body accordingly, if [F223an approved] body is involved.

Article 21 of [F224RAMS] shall apply to the measures referred to in the second subparagraph of this paragraph.

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4.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 F226... measures to prohibit or restrict the making available of the construction product on the F226... market or to withdraw the construction product from that market or to recall it.

F227...

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F229Article 57U.K.Union safeguard procedure

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Article 58U.K.Complying construction products which nevertheless present a risk to health and safety

1.Where, having performed an evaluation pursuant to Article 56(1), [F230a market surveillance authority] 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.

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Article 59U.K.Formal non-compliance

1.Without prejudice to Article 56, where a [F232market surveillance authority] makes one of the following findings, it shall require the relevant economic operator to put an end to the non-compliance concerned:

(a)the [F233UK] marking has been affixed in breach of Article 8 or 9;

(b)the [F234UK] marking has not been affixed, when required, in accordance with Article 8(2);

(c)without prejudice to Article 5, the declaration of performance has not been drawn up, when required, in accordance with Article 4;

(d)the declaration of performance has not been drawn up in accordance with Articles 4, 6 and 7;

(e)the technical documentation is either not available or not complete.

2.Where the non-compliance referred to in paragraph 1 continues, the [F235market surveillance authority] 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.

[F236Article 59AU.K. Formal non-compliance in relation to the EU Construction Products Regulation

1.Without prejudice to Article 56, where a market surveillance authority considers an economic operator is seeking to rely on provisions in Article 16A, 16B or 16C in order to comply with the requirements of this Regulation and makes one of the following findings, it must require the relevant economic operator to put an end to the non-compliance concerned:

( a) the CE marking, or in the case of a product to which regulation 4(2)(b) of the Construction Products (Amendment etc.) (EU Exit) Regulations 2020 applies, the CE marking accompanied by the UK(NI) indication, has not been affixed in accordance with Article 8(2) of the EU Construction Products Regulation;

(b) the CE marking, or in the case of a product to which that regulation 4(2)(b) applies, the CE marking accompanied by the UK(NI) indication, has been affixed in breach of Article 8 or 9 of the EU Construction Products Regulation;

(c)the declaration of performance has not been drawn up in accordance with Articles 4 and 6 of the EU Construction Products Regulation and Article 7 of this Regulation (as modified by Article 16A);

(d)the technical documentation referred to in the second subparagraph of Article 11(1) of the EU Construction Products Regulation is either not available or not complete.

2.Where the non-compliance referred to in paragraph 1 continues, the market surveillance authority must 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.]

[F236Article 59BU.K. Other non-compliance in relation to the EU Construction Products Regulation

1.Paragraph 2 applies where an economic operator:

(a)relies on provisions in Article 16A, 16B or 16C in order to comply with this Regulation when making a product available on the market; and

(b)after the product is made available on the market:

(i)the manufacturer is required, or becomes aware that another person is required, under the EU Construction Products Regulation to take corrective measures in relation to products on the market of the EU, or to withdraw or recall products from that market, and, if the United Kingdom had remained a member State, this requirement would have extended to the product in question; or

(ii)a certificate in relation to the product is suspended or withdrawn, or restricted to the extent that it is no longer valid for that product, under Article 52(4) or (5) of the EU Construction Products Regulation.

2.Where this paragraph applies:

(a)the product referred to in paragraph 1(a) is no longer considered to be compliant with this Regulation;

(b)the manufacturer must inform a market surveillance authority and any importer or distributor of the product of the action referred to in paragraph 1(b)(i) or 1(b)(ii) which is required, or has been taken, under the EU Construction Products Regulation;

(c)the manufacturer and any importer or distributor of the product must take any action required under Article 11(7), Article 13(7) or Article 14(4) respectively;

(d)a market surveillance authority may require the manufacturer or any importer or distributor of the product to take corrective measures to bring the product into conformity with this Regulation or to withdraw or recall it from the market.]

CHAPTER IXU.K.FINAL PROVISIONS

[F237Article 60U.K. Regulations

1.For the purposes of achieving the objectives of this Regulation, in particular removing and avoiding restrictions on making construction products available on the market, the Secretary of State may by regulations:

(a)determine the essential characteristics or threshold levels within specific families of construction products, in relation to which, in accordance with Articles 3 to 6, the manufacturer must declare, in relation to their intended use, by levels or classes, or in a description, the performance of the manufacturer's product when it is placed on the market;

(b)determine the conditions on which a declaration of performance may be electronically processed, in order to make it available on a web site in accordance with Article 7;

(c)amend the period for which the manufacturer must keep the technical documentation and the declaration of performance after the construction product has been placed on the market, in accordance with Article 11, based on the expected life or the part played by the construction product in the construction works;

(d)amend Annex 2 and adopt supplementary procedural rules in accordance with Article 19(3) in order to ensure compliance with the principles in Article 20, or the application in practice of the procedures set out in Article 21;

(e)amend Annex 3, table 1 of Annex 4, and Annex 5 in response to technical progress;

(f)establish and adapt classes of performance in response to technical progress in accordance with Article 27(1);

(g)determine the conditions on which a construction product is to be deemed to satisfy a certain level or class of performance without testing or without further testing in accordance with Article 27(5), provided that the fulfilment of the basic requirements for construction works is not thereby jeopardised;

(h)adapt, establish and revise the system or systems of assessment and verification of constancy of performance, in accordance with Article 28, relating to a given construction product, a given product family or a given essential characteristic, and in accordance with:

(i)the importance of the part played by the product or those essential characteristics with respect to the basic requirements for construction works;