FAQs – Construction Products Regulation and Market Surveillance

Common FAQ catalogue developed by the market surveillance authorities of the federal states and DIBt

Preliminary Remarks

The market surveillance authorities of the Länder ('federal states') and DIBt have established a common FAQ catalogue with regard to individual provisions of the CPR. This catalogue contains interpretations and primarily expresses the view of the German market surveillance authorities for the construction sector. Other interpretation aids, such as those of the European Commission, have been taken into account.

In accordance with the provisions of the EU Construction Products Regulation (CPR) it is, however, up to the manufacturers and the economic operators of equivalent status such as the importers or distributors who are considered to be manufacturers, to determine under their own responsibility

  • whether their product falls within the scope of the CPR and
  • whether the requirements for the marketing of harmonised construction products are met.

Therefore, the FAQ catalogue does neither absolve the economic operators from their responsibility within the framework of the marketing of construction products nor does it exonerate them from seeking individual legal advice in keeping with their personal responsibility in specific cases.

The market surveillance authorities and DIBt point out the fact that none of the questions contained in the catalogue has yet been decided by case law. In fact, the catalogue expresses, in particular with regard to interpretations, the view of the market surveillance authorities.

Comments by the users of the FAQ catalogue referring to the questions and answers are welcome. Please send them to baupvo(at)dibt(.)de. These comments will be taken into account when the FAQ catalogue is updated. In order to submit your comments, please use exclusively the blank form provided.

General

I/1 When does a construction product fall within the scope of the CPR? (June 2014)

The CPR applies to a construction product if it has been placed or made available, which means marketed, on the Union market in the course of a commercial activity and

  • if the construction product is covered by a harmonised standard established in accordance with the CPR and published by the European Commission in the Official Journal of the European Union, or
  • if a European Technical Assessment has been issued for the product on request of the manufacturer.

(cf. Art. 1 and 4 CPR)

 

I/2 What is a construction product?

 A construction product is any product which is produced and placed on the market for incorporation in a permanent manner in construction works or parts thereof and the performance of which has an effect on the performance of the construction works with respect to the basic requirements for construction works. A kit is also considered to be a construction product (see FAQ I/3 "What is a kit?").
(cf. Art. 2(1) CPR)

I/3 What is a kit?

A kit is a construction product placed on the market by a single manufacturer as a set of at least two separate components that need to be put together to be incorporated in the construction works. (cf. Art. 2(2) CPR) 

With respect to CE marking, the kit is treated like a construction product.

I/4 Withdrawn

I/5 Where can I find an overview of the harmonised technical specifications available under the CPR?

The Commission publishes a list of references of harmonised standards in the Official Journal of the European Union.
(cf. Art. 17(5) CPR)

Furthermore, the Commission keeps a list of references of the final European Assessment Documents which it also publishes in the Official Journal of the European Union.
(cf. Art. 22 CPR)

Both lists are updated on a regular basis.
The Official Journal of the European Union is made available on the Internet at
http://eur-lex.europa.eu/. An extract of the Official Journal of the European Union is also available on the DIBt homepage at www.dibt.de.

I/6 Which information is provided in a harmonised standard and by whom is it drawn up?

Harmonised standards provide the methods and the criteria for assessing the performance of the construction products in relation to their essential characteristics. (cf. Art. 17(3) CPR)

Annex ZA of the standard sets out which sections of the standard are applicable for the purposes of the CPR. (see also FAQ IV/10 "What is to be done in case of inconsistencies between the specifications concerning the CE marking in Annex ZA of a harmonised standard and the requirements for the CE marking?")

As a rule, harmonised standards within the meaning of the CPR are drawn up by CEN (European Committee for Standardization) and verified by the Commission before their reference is published in the Official Journal.

Harmonised standards include technical details for the implementation of the system of assessment and verification of constancy of performance. (cf. Art. 17(4) CPR)

The standards can be purchased from Beuth Verlag. The publisher's homepage www.beuth.de also features a free search for standards.

I/7 What are "coexistence periods"?

Within the framework of the publication of the references of harmonised standards in the Official Journal of the European Union, the Commission indicates the beginning and the end of the coexistence period for a harmonised standard.

From the date of the beginning of the coexistence period, it is possible to use the harmonised standard to draw up a declaration of performance for a construction product covered by it. 

From the date of the end of the coexistence period, the harmonised standard is the only means for drawing up a declaration of performance for a construction product covered by it. 

(cf. Art. 17(5) CPR)

I/8 In which cases and by whom is a European Assessment Document drawn up?

A European Assessment Document (EAD) may be drawn up for a construction product not covered or not fully covered by a harmonised standard. The EAD is only drawn up following a request for a European Technical Assessment by a manufacturer for which it provides the basis.

The European Assessment Documents are drawn up by the European Organisation of Technical Assessment Bodies, which comprises the national Technical Assessment Bodies designated by the member states.
The European Technical Assessment is issued by a national Technical Assessment Body. This is also where the manufacturer has to submit his/her application.
(cf. Art. 2(12) and (13), Art. 19(1), Art. 26(1) CPR)

Where a construction product which is not or not fully covered by a harmonised standard is fully covered by an already existing European Assessment Document, the existing European Assessment Document will be used as the basis for the European Technical Assessment to be issued.
(cf. Art. 21(1) CPR)

I/9 What does a European Technical Assessment include?

A European Technical Assessment includes the documented assessment of the performance of a construction product in relation to its essential characteristics in accordance with the respective European Assessment Document and the technical details necessary for the implementation of the system of assessment and verification of constancy of performance. (cf. Art. 2(13), Art. 26(1) and (2) CPR; see also FAQ I/8 "In which cases is a European Assessment Document drawn up?")

I/10 Do certificates and declarations of conformity continue to exist?

The "certificates of conformity" and "declarations of conformity" provided for in Directive 89/106/EEC (Construction Products Directive) have been replaced by a "system of assessment and verification of constancy of performance" since 1 July 2013.

Therefore, the certificates of conformity and the declarations of conformity provided for in the Construction Products Directive cannot be issued anymore under the CPR (see, however, the transitional provisions, FAQ VI/6 "To what extent is it possible under Art. 66 CPR to place on the market stocks of construction products bearing a CE marking in accordance with the provisions contained in the Construction Products Directive from 1 July 2013 onwards?")
Within the "system of assessment and verification of constancy of performance", the CPR provides for

  • a certificate of constancy of performance of the product (product certification)
  • a certificate of conformity of the factory production control (FPC certification).

The "system of assessment and verification of constancy of performance" shall ensure precise and reliable declarations of performance. On the one hand, the performance of the construction product is assessed and on the other hand the production in the factory is controlled.
The systems (which are similar to the ones set out in the Construction Products Directive) are defined in Annex V of the CPR. They depend on the tasks of the manufacturer and the involvement of the certification body or testing laboratory. The following systems are provided for:

  • systems 1+ and 1 (involving a product certification body),
  • system 2+ (involving a factory production control certification body),
  • system 3 (involving a testing laboratory) and
  • system 4 (purely tasks to be carried out by the manufacturer).

Manufacturers cannot choose the system to be applied. By means of delegated acts, the Commission establishes which system or systems are applicable to a given construction product or family of construction products or a given essential characteristic. These systems are given in Annex ZA of the harmonised standard.
(cf. Art. 28 and Annex V CPR)

By drawing up the (new instrument of) declaration of performance, the manufacturer assumes responsibility for the conformity of the construction product with such declared performance.
(cf. Art. 4(3) CPR)

I/11 Do any legal requirements exist concerning the format and the content of the "certificate of constancy of performance" and the "certificate of conformity of factory production control"?

No, there are no legally binding models nor any CPR provisions referring to the "certificate of constancy of performance" and the "certificate of conformity of factory production control".

I/12 Withdrawn

I/13 What does "placing on the market" mean? (July 2016)

"Placing on the market" means the first making available of a construction product on the Union market.
(cf. Art. 2(17) CPR)

The expression "making available on the market" refers to each individual construction product and not to the making available on the market of the first construction product of a series of identical construction products.
(see also FAQs of the European Commission, available at: http://ec.europa.eu/growth/sectors/construction/product-regulation/faq/index_en.htm)

I/14 What does "making available on the market" mean?

"Making available on the market" means any supply of a construction product for distribution or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge.
(cf. Art. 2(16) CPR)

I/15 What is a "product-type"? June 2014)

"Product-type" means the set of representative performance levels or classes of a construction product, in relation to its essential characteristics. The product-type refers to a construction product produced using a given combination of raw materials or other elements in a specific production process.
(cf. Art. 2(9) CPR)

Every construction product, which needs to be placed on the market in connection with a declaration of performance and a CE marking in line with the conditions set out in the CPR, must be linked to the set of representative performance levels or classes of the respective product-type. This is ensured by an identification code (see also FAQ I/16 "What does "unique identification code" mean?").
(cf. recital (6) of Delegated Regulation (EU) No 574/2014 as well as point 1 of the "Instruction for the completion of the form" of that same regulation)

I/16 What does "unique identification code" mean? (June 2014)

The CPR requires the manufacturer to indicate the unique identification code of the product-type in the declaration of performance as well as following the CE marking. However, the CPR does not contain a definition of "unique identification code".
(cf. Art. 6(4), Annex III and Art. 9(2) CPR)
The essential point for the market surveillance authorities is that the identification code chosen by the manufacturer links the construction product clearly and unambiguously to a product-type. The unique identification code may be identical with the number of the declaration of performance as long as the construction product can still be unequivocally linked to the product-type. The identification code may be specific to the manufacturer or the product as long as the conditions set out above are fulfilled.
If a single declaration of performance has been drawn up for several product-types, the identification code has to ensure that the construction product can be unequivocally linked to the given product-type.

If the declaration of performance is made available on a website in accordance with the conditions set out in Delegated Regulation (EU) No 157/2014, the manufacturers have to ensure that every single product, or batch of that product placed on the market is linked to a declaration of performance by means of the unique identification code of the product-type.
(cf. Art. 1(2) Delegated Regulation (EU) No 157/2014)
This unique identification code of the product-type in accordance with the CPR will often not be identical with the type or property codes specified in various harmonised standards.

I/17 What are the rules for the marking of custom-made construction products? (June 2014)

Art. 5(a) of the CPR refers to custom-made construction products, which can be placed on the market without drawing up a declaration of performance and affixing a CE marking. This said, the conditions to be met for applying Art. 5 of the CPR arouse controversy. In the end, a manufacturer who wishes to opt for a derogation in accordance with Art. 5 of the CPR is responsible for ensuring that the product in question meets all conditions. Therefore, it is currently not possible to give any general interpretation guideline regarding market surveillance. Only in the course of dealing with individual construction products placed on the market will the market surveillance authorities be able to answer the questions relating to Art. 5 CPR. (cf. Art. 5 CPR)

I/18 Are there derogations for micro-enterprises exempting them from the obligation to affix a CE marking to their product? (June 2014)

The CPR does not contain any special derogations for micro-enterprises, exempting them from the obligation to affix a CE marking to their products. Micro-enterprises may make use of the derogation laid down in Art. 5 of the CPR, but so can all other enterprises (see also FAQ I/17 "What are the rules for the marking of custom-made construction products?"). Art. 37 of the CPR contains a simplification for micro- enterprises only. However, Art. 37 of the CPR does not refer to an exemption from the obligation to affix a CE marking, but to simplifications with regards to the system of assessment and verification of constancy of performance. What has been said with regard to Art. 5 of the CPR, also applies here: the implementation of the provision has caused some controversy. Only in the course of dealing with individual construction products placed on the market will the market surveillance authorities be able to answer the questions relating to Art. 37 CPR.

Economic Operators

II/1 Who is an economic operator within the meaning of the CPR?

Economic operators are manufacturers, importers, distributors and authorised representatives of the manufacturer. (cf. Art. 2(18) CPR)

II/2 Who is a manufacturer?

A manufacturer of a construction product is any natural or legal person who

  • manufactures a construction product for incorporation in construction works or has it designed or manufactured and
  • markets that product under his name or trademark.

(cf. Art. 2(19) CPR)

II/3 Is someone who does not manufacture the construction product himself but who distributes it under his trademark also considered to be a manufacturer?

Yes. Someone who markets a construction product under his name or trademark is considered to be a manufacturer even if he does not manufacture the product himself (see also FAQ II/2 "Who is a manufacturer?").
(cf. Art. 2(19) CPR)

II/4 Is it relevant, with regard to the classification as a manufacturer under the CPR, whether a construction product has been manufactured in a third country?

With regard to product responsibility under the CPR it does not matter where the construction product has been manufactured. What matters is who has assumed responsibility for the product as its manufacturer by affixing the CE marking and his name to it.

If a construction product is manufactured in a third country, the manufacturer in accordance with the CPR is considered to be the person who

a) is established in the EU, the EEA or in another state which is bound by contract to the CPR,

  • markets the product under his name or trademark and
  • manufactures the product himself in the third country or has it designed and manufactured in the third country;

b) is established in a third country,

  • markets the product under his name or trademark and
  • manufactures the product himself in the third country or has it designed and manufactured in the third country.

II/5 Who is an importer?

An importer is any natural or legal person established within the Union, who places a construction product from a third country on the Union market, i.e. makes it available for the first time.
(cf. Art. 2(21), (17) CPR)

II/6 Who is a distributor?

A distributor is any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a construction product available on the market, i.e. supplies it for distribution or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge. (cf. Art. 2(20) and (16) CPR)

II/7 When is a distributor or importer considered to be a manufacturer for the purposes of the CPR?

An importer or distributor is considered to be a manufacturer if

  • he places a construction product on the market under his name or trademark or
  • modifies a construction product already placed on the market in such a way that the conformity with the declaration of performance may be affected.

If one of these cases applies, he is subject to the obligations of a manufacturer laid down in Art. 11 CPR.
(cf. Art. 15 CPR; see also FAQ II/2 "Who is a manufacturer" and II/3 "Is someone who does not manufacture the construction product himself but who distributes it under his trademark also considered to be a manufacturer?")

II/8 Who is an authorised representative?

An authorised representative is any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on his behalf in relation to specified tasks.
(cf. Art. 2(22) CPR)

II/9 What are the obligations of a manufacturer?

The manufacturer is first of all obliged

  • to draw up the declaration of performance, 
  • to draw up technical documentation as the basis for the declaration of performance, 
  • to affix the CE marking to the construction product, 
  • to ensure that his products bear an element allowing their identification 
  • to indicate his name, registered trade name/registered trademark and his contact address on the construction product (or, where this is not possible, on its packaging/the accompanying documents), 
  • to keep the declaration of performance and the technical documentation for a period of 10 years after the construction product has been placed on the market (there may be deviating provisions in delegated acts of the Commission to be taken into account; so far, however, none have been adopted), 
  • to carry out sample testing of construction products placed or made available on the market, where appropriate 
  • to take the necessary corrective measures if he has reason to believe that the construction product he has placed on the market is not in conformity with the declaration of performance or not in compliance with other requirements in the CPR (e.g. in the event of complaints or if deviations from the declared performance have been discovered within the framework of regular surveillance). 

Furthermore, the manufacturer is obliged to provide the national authorities with all the information and documentation necessary to demonstrate the conformity of the construction product with the declaration of performance and the compliance with other requirements in the CPR. This includes in particular

  • the technical documentation, 
  • the declaration of performance, 
  • the instructions and safety information 
  • if applicable, the certificate of constancy of performance or the certificate of conformity of the factory production control and 
  • test reports for the initial type-testing. 

(cf. Art. 11 CPR) 

(concerning the language to be used for the declaration of performance and the information following the CE marking cf. FAQ III/6 "In which language does the declaration of performance need to be supplied?" and IV/9 "Does the information following the CE marking as set out in Art. 9(2) CPR need to be indicated in German?")

II/10 What is the minimum content of the technical documentation? (June 2014)

The technical documentation, which the manufacturer has to draw up, must describe all the relevant elements related to the required system of assessment and verification of constancy of performance. The technical documentation is the basis for drawing up the declaration of performance.
(cf. second subparagraph of Art. 11(1) CPR)

These relevant elements include the certificates required in accordance with Annex V of the CPR as well as the documentary proof (e.g. records, assessments, reports) of all tasks carried out by the manufacturer and, if required, by the notified body within the framework of the assessment and verification of constancy of performance and the technical documents which the manufacturer has used to determine the product-type.

II/11 What does "type number", "batch number" or "serial number" in Art. 11(4) CPR mean? (June 2014)

The manufacturers have to ensure that their construction products bear a type, batch or serial number or any other element allowing their identification. Where the size or nature of the product does not allow that, the required information may be provided on the packaging or in a document accompanying the construction product.

The manufacturer is free to opt for the identifying element of his choice. The element must however allow the product to be clearly identified and traced.

II/12 Which obligations do distributors have to meet before they make a construction product available on the market? (June 2014)

Before the distributor makes a construction product available on the market, he particularly has to ensure that

  • the product, where required, bears the CE marking,
  • the product is accompanied by the documents required under the CPR, in particular by a declaration of performance in German (cf. Art. 7(4) CPR and Art. 6 Bauproduktengesetz – BauPG ('Construction Products Act'); see also FAQ III/6 "In which language does the declaration of performance need to be supplied?")
  •  the product bears a type, batch or serial number or any other element allowing its identification,
  • the name of the manufacturer, his registered trade name or registered trademark and his contact address are indicated on the product or, where this is not possible, on the packaging or in the accompanying documents and
  • if applicable, the name of the importer, his registered trade name or registered trademark and his contact address are indicated on the product or, where this is not possible, on the packaging or in the accompanying documents.

(cf. first subparagraph of Art. 14(2) CPR, Art. 6 BauPG)

II/13 What are the obligations of a distributor if a construction product which bears or should bear a CE marking in accordance with the CPR and which he wants to offer

  • is provided without a declaration of performance or 
  • with an incorrect declaration of performance or 
  • is not in compliance with any other requirement in the CPR? 

If distributors consider or have 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 the CPR, they will not make the product available on the market until it conforms to the applicable requirements. (cf. first sentence of the second subparagraph of Art. 14(2) CPR).

If the declaration of performance is missing or if it is incorrect, the construction product does not comply with the applicable requirements in the CPR. The distributor will not make such a product available on the market because he, too, is obliged to provide his customers with a correct declaration of performance. 

Where a construction product presents a risk, the distributors will immediately inform the competent national market surveillance authorities.  (cf. Art. 14(4) CPR)

Whether a construction product presents a risk or not always needs to be examined on a case-by-case basis. Since the distributor will often not be able to finally determine whether a product presents a risk, distributors should inform the competent market surveillance authority about any discrepancies detected. 

II/14 What needs to be done if the distributor has already made such a product (see previous FAQ) available on the market?

If the distributor has reason to believe that the declaration of performance is incorrect or that the product is not in compliance with other requirements in the CPR after he has made the construction product available on the market, he will make sure that the corrective measures necessary to bring that product in conformity, to withdraw it or recall it, as appropriate, are taken.
(cf. first sentence of Art. 14(4) CPR)

II/15 How far does the distributors' "obligation to check" go?

When making a construction product available on the market, distributors have to act with "due care", i.e. with the diligence of a prudent business man, in relation to the requirements of the Regulation.
(cf. Art. 14(1) CPR)

The distributor 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 the CPR, in particular if there are obvious deviations from the requirements for the declaration of performance or from other requirements under the CPR.

An obvious deviation could be, for example, that the information necessary according to Art. 6 and Annex III of the CPR are not included in the declaration of performance or if there is some obvious and easily detectable mistake with the product dimensions and/or its weight.

It is the responsibility of the distributor to carry out a plausibility check of the declaration of performance and the construction product itself. How far such a plausibility check will go depends on the individual case. In some cases it will be possible for the distributor to verify the correctness of the information given in the declaration of performance.

II/16 What are the obligations of the importer?

The importer is first of all obliged

  • to place on the market only products which are compliant with the requirements in the CPR,
  • to ensure that the manufacturer has carried out the assessment and verification of constancy of performance and drawn up the technical documentation and the declaration of performance; the importer also needs to ensure that the product is accompanied by the required documents,
  • to ensure that the product, where required, bears the CE marking and that the manufacturer has provided the product with an element allowing its identification and has indicated his contact address,
  • to indicate his own name, registered trade name or registered trademark and contact address on the product itself or, if that is not possible, on the packaging or in a document accompanying the construction product,
  • to ensure that, while the product is under his responsibility, storage and transport conditions do not jeopardise the conformity of the product with the declaration of performance,
  • to carry out sample testing of construction products placed or made available on the market, where appropriate
  • to take the necessary corrective measures if he has reason to believe that a construction product placed on the market is not in conformity with the declaration of performance or not in compliance with other requirements in the CPR.

Furthermore, the importer is obliged to provide the national authorities with all the information and documentation necessary to demonstrate the conformity of the construction product with the declaration of performance and compliance with other requirements of the CPR. This includes in particular

  • the technical documentation,
  • the declaration of performance,
  • the instructions and safety information
  • if applicable, the certificate of constancy of performance or the certificate of conformity of the factory production control and
  • test reports for the initial type-testing.

(cf. Art. 13 CPR)

II/17 May the manufacturer supply the instructions that he is required to provide together with the construction product pursuant to Art. 11(6) CPR by electronic means instead of paper form? (November 2018)

Art. 11(6) of the CPR provides that the construction product needs to be accompanied by instructions (for installation and use). A reference to other documents or a website (e.g. homepage of the manufacturer) attached to the construction product does not meet the requirements set out in the CPR concerning the way in which the information is to be supplied and the scope of information. It is therefore insufficient to supply the information only by electronic means. However, an electronic version may be provided in addition to the instructions in paper form.

II/18 Does the manufacturer fulfil his duty to indicate his contact address on the construction product (or, where this is not possible, on its packaging/the accompanying documents), if he indicates a P.O. address? (July 2016)

Yes, provided that the user of the construction product or the authorities are really put in a position where they can contact the manufacturer via the indicated address. This could be achieved by indicating a P.O. address. (cf. Art. 11(5) CPR)

However, please be aware that the name and the registered address of the manufacturer or an identifying mark allowing identification of the name and address of the manufacturer needs to be indicated following the CE marking. This requirement has to be met separately and in addition to the requirement to indicate a contact address, keeping in mind that the P.O. address is not usually the registered address of the manufacturer. (cf. Art. 9(2) CPR)

Declaration of Performance (DoP)

III/1 In which cases does a declaration of performance need to be drawn up? (June 2014)

A declaration of performance needs to be drawn up for a construction product when it is placed on the single market if

  • it is covered by a harmonised standard (see also FAQ I/7 "What are coexistence periods?") or
  • conforms to a European Technical Assessment which has been issued for it.

(cf. Art. 4 CPR). The manufacturer may refrain from drawing up a declaration of performance if one of the derogations laid down in Art. 5 CPR applies.
The information given in the declaration of performance must be valid for every single construction product covered by it which is placed on the market.

(cf. also FAQ VI/7 "Is there a CE marking obligation for products for which a European technical approval has been issued in accordance with the Construction Products Directive before 1 July 2013?")

III/2 Who draws up the declaration of performance?

The manufacturer is responsible for drawing up the declaration of performance. (cf. Art. 4(1), Annex III CPR)

III/3 Who has to sign the declaration of performance? (June 2014)

The declaration of performance has to be signed by a legal representative of the manufacturer. This will be assessed in accordance with the national law of the country in which the manufacturer is established. If, for example, the manufacturer is a company, the declaration of performance may be signed by any person who is authorised to represent the company in accordance with the company law of the country of establishment. The manufacturer may delegate this power of representation internally.

However, the declaration of performance may also be signed by an "authorised representative", i.e. a person appointed, by written mandate, by the manufacturer in accordance with Art. 12(1) CPR (see also FAQ III/4 "May the authorised representative be entrusted with drawing up and signing the declaration of performance?").
(cf. Art. 4(3) CPR)

The authorisation or mandate must have been valid at the time the construction product covered by the declaration of performance is placed on the market.

III/4 May the authorised representative be entrusted with drawing up and signing the declaration of performance?

Yes. The authorised representative of the manufacturer may draw up and sign the declaration of performance if this has been specified in the written mandate. (cf. Art. 12(2) CPR; the list of tasks mentioned there is not exhaustive)

Even if the declaration of performance has been drawn up and signed by an authorised representative, this does not change the fact that the responsibility for the declaration of performance lies exclusively with the manufacturer. Furthermore, the manufacturer always needs to be named in the declaration of performance.

III/5 May the declaration of performance be drawn up by a distributor or an importer?

Yes, but only if the distributor or importer is considered to be a manufacturer and is therefore subject to the same obligations as a manufacturer. (cf. Art. 15 CPR, see also FAQ II/7 "When is a distributor or importer considered to be a manufacturer for the purposes of the CPR?")

Since the distributor or importer is considered to be a manufacturer in these cases, it is him who is required to draw up the declaration of performance.

III/6 In which language does the declaration of performance need to be supplied?

In Germany, the declaration of performance needs to be supplied in German. (cf. Art. 7(4) CPR and Art. 6 BauPG)

The respective national provisions of the other EU member states will specify in which language the declaration of performance needs to be supplied in their respective territories.

III/7 Do the declarations of performance of a manufacturer have to be numbered consecutively? (July 2016)

The numbers of the declaration of performance do not need to be consecutive. However, each number must only be assigned once.

Is the manufacturer allowed to add versioning to the number of the declaration of performance if the latter needs to be updated?

Yes. However, versioning the declaration of performance (DoP) results in a new DoP number, meaning that the manufacturer is obliged to indicate the new DoP number including the version following the CE marking as a result of adding versioning alone.
(cf. Art. 9(2) CPR)

III/8 Do all essential characteristics set out in the harmonised technical specification for the declared intended use(s) need to be listed in the DoP even if the manufacturer has indicated "NPD" concerning an essential characteristic? (November 2018)

Yes. This results from Art. 6(3)(b) CPR.

III/9 Where can I find out for which essential characteristics a performance has to be declared in the declaration of performance? (March 2015)

Art. 6 CPR sets out the contents of the declaration of performance. Art 6(3) points c), d), e) and g) CPR detail for which essential characteristics a performance has to be declared.

Do the market surveillance authorities check whether the declaration of performance contains all performances to be declared?

Within the framework of their surveillance activities, the market surveillance authorities verify the performances declared in the declaration of performance. As the wording of Art. 6(3) point e) leaves scope for legal interpretation, the German market surveillance authorities have agreed not to take any measures solely on grounds of non-compliance with Art. 6(3) point e) CPR for the time being.

III/10 Is it possible to declare the performance of several products (e.g. different product-types or product dimensions from one or more harmonised technical specifications) in a joint declaration of performance, e.g. in tabular form? (June 2014)

The declaration of performance needs to be drawn up using the model set out in Annex III.
The model for the declaration of performance set out in Annex III has been amended by Commission Delegated Regulation (EU) No 574/2014 of 21 February 2014. This new model is to be used for declarations of performance drawn up after the entry into force of the said Regulation on 31 May 2014.

In addition to the model for the declaration of performance, Annex III contains "Instructions for drawing up the declaration of performance".
The declaration of performance is linked to a specific product-type by a unique identification code. (cf. FAQ I/16 "What does "unique identification code" mean?")
A declaration of performance may cover different variations of a product-type. If this is the case, the number of the declaration of performance, the identification code and the declared performance/s need to be listed separately for every product variation.
(cf. Art. 6(4) CPR and Annex III CPR)

Furthermore, the market surveillance authorities consider that it is unreasonable to take measures against declarations of performance drawn up for several product-types provided that the user can see unmistakably and without using further documents from the declaration of performance which declaration contents refer to which product-type and, in particular, that every product-type is identified by a unique identification code.

III/11 Is it possible within the DoP to refer to other accompanying documents with regard to the product's performance in relation to the essential characteristics or does the performance have to be reproduced in the DoP itself? (July 2016)

The performance of the product in relation to an essential characteristic has to result directly from the declaration of performance without using further documents.

Describing the performance solely by inserting a calculation formula to be applied by the recipients is not sufficient to meet the requirements for the declaration of performance. However, the performance (notably of structural behaviour of a construction product) may be expressed by referring to the respective production documentation or structural design calculations. In this case, the relevant documents need to be attached to the declaration of performance.

(cf. Annex 3 CPR, Instructions for the completion of the declaration of performance, point 7) (see also FAQs of the European Commission, available at: http://ec.europa.eu/growth/sectors/construction/product-regulation/faq/index_en.htm)

III/12 Do recipients have the right to be supplied with a copy of the declaration of performance? (June 2014)

Every recipient has the right to be supplied with a copy of the declaration of performance. The recipient may request to be provided with a paper copy. 
(cf. Art. 7(1) and (2) CPR) 

A recipient is any person to whom the construction product is supplied by an economic operator in the course of a commercial activity, whether in return for payment or free of charge. 
A recipient can also be an economic operator (see also FAQ II/1 "Who is an economic operator?"), because the declaration of performance must be supplied along the entire supply chain through to the end user.

III/13 Does the obligation to supply a copy of the declaration of performance apply to all economic operators who make a product available on the market?

Yes. 
(cf. Art. 7(1) CPR) 

The aim of this provision is to ensure that every recipient receives a copy of the declaration of performance. This is why the obligation applies to every economic operator who makes a product available on the market.

III/14 Does supply within the meaning of Art. 7(1) and (2) CPR mean that the construction product needs to be accompanied by a copy of the declaration of performance? (June 2014)

No. Supply does not necessarily mean that the construction product is accompanied by a copy of the declaration of performance. Such copy may also be supplied by electronic means in accordance with Art. 7(1) CPR or be made available on a website in accordance with the conditions established by Commission Delegated Regulation (EU) No 157/2014.

Is it sufficient if the recipient receives the copy upon request only? Is it permissible to keep the copy of the declaration of performance at the headquarters of the trading company only or does a copy need to be available at the point-of-sale?

It is not sufficient if the recipient receives the declaration upon request only. On the contrary, the economic operator has to offer it actively to the user, e.g. by indicating very visibly in the purchase or delivery documents where the copy of the declaration of performance is available. Thus, keeping a copy of the declaration of performance at the headquarters of the trading company is not sufficient. The original of the declaration of performance will be kept by the manufacturer.

III/15 In which form does the copy of the declaration of performance need to be supplied? (July 2016)

Unless the recipient requests a paper copy, the economic operator may choose whether he supplies the copy of the declaration of performance in paper form or by electronic means. 
(cf. Art. 7(1) and (2) CPR)

Economic operators may make available the copy of the declaration of performance on a website instead of supplying it in paper form or by electronic means, if they comply with the following conditions. They need to ensure that 

  • the content of a declaration of performance is not altered after it has been made available on the website,
  • the website is monitored and maintained so that the website and the declarations of performance are continuously available to the recipients and 
  • the declaration of performance may be accessed free of charge for a period of 10 years after the construction product has been placed on the market and 

they also need to provide instructions to the recipients on how to access the website and the declarations of performance available on that website. 

The right of the recipient to request a paper copy of the declaration of performance will remain unaffected by this provision. 
(cf. Art. 7(3) CPR and Commission Delegated Regulation (EU) No 157/2014 of 30 October 2013) 
(see also FAQ III/12: "Do recipients have the right to be supplied with a copy of the declaration of performance?")

Is the distributor obliged to keep a paper copy of the declaration of performance available in case a recipient requests a paper copy of the declaration of performance made available on a website in accordance with Art. 7(2) CPR?

No. This said, the recipient is also entitled to request a paper copy of the declaration of performance when the latter is made available via a website, since the Commission Delegated Regulation (EU) No 157/2014 does not provide for any derogation from Art. 7(2) CPR. 
However, if the recipient requests the paper copy from a distributor, he cannot expect the latter to have a paper copy available at the point of sale. 
Upon the request of the recipient, the distributor is to be granted a reasonable time to procure a paper copy of the declaration of performance and forward it to the recipient. 
In the opinion of the German market surveillance authorities, a period of up to a week is to be deemed "reasonable".

III/16 If a product is delivered to a distributor over a longer period of time, is it sufficient to enclose the declaration of performance only once with the first delivery?

The answer to this question depends on how the term "batch" (or German "Los") in the second subparagraph of Art. 7(1) CPR is understood. 
The German "Los" designates all products that pass the different stages of the manufacturing process as a discrete unit. The English version, in which the term "batch" is used, corroborates this conclusion, a common definition of batch being "a quantity of goods or materials produced in a single manufacturing run". 
Both definitions indicate a close temporal link. 
However, as long as the performances remain unchanged there is no reason to assume a change of batch even if the product has been delivered over a longer period of time.

III/17 Does the version of the harmonised standard need to be indicated in the declaration of performance? (June 2014)

Yes. In point 6a of the model for the declaration of performance the reference number of the harmonised standard and its date of issue (dated reference) are required, among other things. 
(cf. Annex III CPR)

III/18 Does the reference number of the certificate of constancy of performance, the certificate of conformity of the factory production control or the test/calculation reports need to be indicated in the declaration of performance? (June 2014)

No, the model for the declaration of performance provided in Annex III of the CPR does not require the reference number to be indicated. 

However, the manufacturers or the economic operators of equivalent status have to demonstrate, further to a reasoned request from the market surveillance authority, the conformity of their construction product with the declaration of performance on the basis of the assessment and verification of constancy of performance. If a "certificate" cannot be unequivocally linked to the construction product, the economic operator will bear any negative consequences arising from that. Therefore, it is recommended to indicate the reference number in the declaration of performance.

CE Marking

IV/1 Who affixes the CE marking? (June 2014)

Affixing the CE marking is one of the obligations of the manufacturer. 
The CE marking may only be affixed to the construction product by the manufacturer or his authorised representative (see also FAQ IV/5 "May a distributor or importer affix the CE marking?"). 
(cf. Art. 11(1) and Art. 8(1) CPR in conjunction with Art. 30(1) Regulation (EC) No 765/2008)

IV/2 Where should the CE marking be affixed? (March 2015)

The CE marking needs to be affixed to the construction product or to a label attached to it. Only if this is not possible or not warranted on account of the nature of the construction product, it may be affixed to the packaging or to the accompanying documents. 
(cf. Art. 9(1) CPR) 

In the opinion of the German market surveillance authorities, the idea of the EU Construction Products Regulation is to ensure the closest proximity possible between the CE marking and the construction product. 

Following this logic, an order of priority is assumed between the two options listed in Art. 9(1) sentence 2 CPR, "affixing to the packaging" and "affixing to the accompanying documents", giving preference to affixing the CE marking to the packaging. 

This also applies to construction products consisting of very small parts marketed loose. If it is not possible to affix the CE marking to such a construction product directly or to a label attached to it, it needs to be affixed to the packaging or to the accompanying documents. If an economic operator removes or changes the packaging when he makes the product available on the market, he needs to ensure that the CE marking is nevertheless passed on to the recipient.

IV/3 Does the CE marking need to be followed by the registered address of the manufacturer even if he has appointed an authorised representative?

Yes. The CE marking is always followed by 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. 
(cf. Art. 9(2) CPR)

IV/4 Is it relevant for the affixing of the CE marking by the manufacturer where he is established?

No. With regard to product responsibility, it does not matter where the construction product has been manufactured. 

The decisive factor is who has assumed responsibility for the product as its manufacturer by affixing the CE marking and his name to it.  (see also FAQ II/4 "Is it relevant, with regard to the classification as a manufacturer under the CPR, whether a construction product has been manufactured in a third country?") 
(cf. third subparagraph of Art. 8(2) CPR)

IV/5 May a distributor or importer affix the CE marking?

Yes. The distributor or importer may or rather has to affix the CE marking if he is considered to be the manufacturer (see also FAQ II/7 "When is a distributor or importer considered to be a manufacturer for the purposes of the CPR?"). 
An importer or distributor is considered to be a manufacturer for the purposes of the CPR and is subject to the obligations of a manufacturer where he

  • places a construction 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. 

(cf. Art. 15 CPR) 
Affixing the CE marking is one of the obligations of the manufacturer. 
(cf. first subparagraph of Art. 11(1) CPR)

IV/6 Who needs to be indicated as the manufacturer in the CE marking if it is affixed by the distributor or importer?

The CE marking may only be affixed by the distributor or importer if the distributor or importer is considered to be the manufacturer (see also FAQ IV/5 "May a distributor or importer affix the CE marking?"). 

In this case, the CE marking needs to be followed by the name and the address or the identifying mark of the distributor or importer who is considered to be the manufacturer. 
(cf. Art. 9(2) CPR)

IV/7 May an importer affix the CE marking if he places the product on the market under the name of the manufacturer?

No, in that case the importer is not allowed to affix the CE marking.

IV/8 Does the name of the importer need to be indicated following the CE marking if the manufacturer is established outside the EEA?

No. 
The name following the CE marking is always the name of the manufacturer. 
(cf. Art. 9(2) CPR) 

However, the importer is required to indicate his name, registered trade name or registered trademark and his contact address on the construction product or, where this is not possible, on the packaging or in the accompanying documents. 
(cf. Art. 13(3) CPR)

IV/9 Does the information which follows the CE marking as set out in Art. 9(2) CPR need to be indicated in German?

No. The CPR does not specify which language is to be used for the information following the CE marking in accordance with Art. 9(2) CPR.

This said, manufacturers may with a view to informing the users opt to provide the information following the CE marking of construction products made available on the German market in German. 
This said, the Bauproduktengesetz – BauPG ('Construction Products Act') stipulates that the declaration of performance is supplied in German. 
(cf. Art. 7(4) CPR in conjunction with Art. 6 BauPG

Further documents need to be provided in a language which "can be easily understood by the (competent national) authority". 
(cf. Art. 6, second sentence, BauPG
In Germany, this will also generally be German (see also FAQ V/5 "When providing documentation, which requirements are there concerning the language in which the documents need to be drawn up?").

IV/10 What is to be done in case of inconsistencies between the specifications concerning the CE marking in Annex ZA of a harmonised standard and the requirements for the CE marking resulting from the CPR? (November 2018)

In the case of an inconsistency between Annex ZA and the legal requirements set out in the CPR or Regulation (EC) No 765/2008, the legal requirements prevail. 

Harmonised standards form part of EU law (see judgment of the Court of Justice of the European Union of 27 October 2016 in case C-613/14 James Elliott) and they are binding (see also FAQ I/1 "When does a construction product fall within the scope of the CPR?", I/4 "Where are the harmonised requirements for a construction product outlined?" and I/7 "What are "coexistence periods"?") but they do not have the rank of a legal provision. The requirements for the CE marking directly result from the legal requirements. 

(cf. Art. 8(1) CPR in conjunction with Art. 30 Regulation (EC) No 765/2008 and Art. 9 CPR) 

IV/11 May the CE marking be followed by information which does not pertain to an essential characteristic determined in the harmonised technical specification for the intended use?

No. Art. 9(2) CPR stipulates which information follows the CE marking. This information includes inter alia the performance related to the essential characteristics, expressed by level or class, as declared in the declaration of performance. 

Including information not pertaining to an essential characteristic determined in the harmonised technical specification for the intended use could mislead the users of the construction product. 
If such information is given outside the CE marking, they must not mislead the users about the meaning of the CE marking. In particular, it must not contradict the information required. 
(cf. Art. 30(5) Regulation (EC) No 765/2008)

IV/12 May the information following the CE marking be given by inserting a reference to the information given in the declaration of performance? (March 2015)

The CPR does not provide for the possibility of giving the information following the CE marking by inserting a reference to the declaration of performance. However, the German market surveillance authorities accept such a reference if

  • the CE marking is not affixed to the product but to one of the accompanying documents in accordance with the conditions set out in the second sentence of Art. 9(1) CPR and 
  • it is provided in the same document as the declaration of performance and 
  • the information which follows the CE marking is clearly and unmistakably distinguished from the declaration of performance.

This possibility does not affect the obligation to affix the CE marking primarily to the product itself, a label attached to it or the packaging. (see also FAQ IV/2 "Where should the CE marking be affixed?")

IV/13 Does the CE marking need to be followed by all essential characteristics listed in the declaration of performance or only by those for which the manufacturer has declared a performance (expressed by level or class)?

While, in the declaration of performance, all essential characteristics which have been determined in the harmonised technical specification for the intended use need to be listed, the CE marking will only be followed by those essential characteristics for which the manufacturer has declared a performance. This applies to the essential characteristics for which the performance has been declared by level or class. 
(cf. Art. 9(2) CPR) 

The German market surveillance authorities are of the opinion that, by analogy, the performance in relation to an essential characteristic also has to be given if it has been expressed in a description or in any other way in the declaration of performance due to the absence of levels or classes in the harmonised standard. 
If in the declaration of performance no performance has been declared in relation to a specific essential characteristic and the letters "NPD" have been indicated instead, this essential characteristic will not be included in the CE marking.

IV/14 Which year does the phrase "the two last digits of the year in which the CE marking was affixed" refer to?

The German market surveillance authorities consider it to be in conformity with the CPR if the two last digits of the year in which the product was made available on the market for the first time are indicated. 
If the performance of the product does not change over the years, the indication of the year behind the CE marking does not need to be changed either. Therefore, the indication of the year may also relate to years prior to 2013, if applicable.

IV/15 Does the CE marking need to be followed by the version of the harmonised standard?

Yes. The reference to the harmonised technical specification applied needs to be indicated following the CE marking. 
(cf. Art. 9(2) CPR) 

Since modifications in the essential characteristics and the performances to be declared may occur during the revision of a harmonised standard, the version of the standard used for the CE marking needs to be included when giving the harmonised technical specification applied.

IV/16 How do I correctly affix the CE marking to a kit? (9/2017)

The provisions set out in Art. 9(1) CPR for the affixing of the CE marking to construction products also apply to kits. In other words, the construction product to be CE marked is the kit. Since a kit consists of several separate components, it is possible to affix the CE marking and the information pursuant to Art. 9(2) CPR to one component of the kit as long as the individual components can be clearly identified as belonging to the kit. One way of ensuring this is to market the components together under one trade name.

If the components are not marketed together, the CE marking and the information pursuant to Art. 9(2) CPR cannot be affixed to only one component of the kit. In this case, they need to be affixed to the accompanying documents.
(see also FAQ I/3 "What is a kit?" and FAQ IV/2 "Where should the CE marking be affixed?")

IV/17 How do products need to be marked which fall under several harmonisation acts?

Each product only bears one CE marking. 
By affixing the CE marking the manufacturer declares that his product is in conformity with all applicable requirements laid down in the EU harmonisation legislation for the affixing of the marking. 
(cf. third subparagraph of Art. 8(2) CPR) 
Thus, products which fall under several harmonisation acts need to be marked in a way which complies with all relevant provisions.

Market Surveillance

V/1 Which documentation does the manufacturer need to provide to the national authorities?

The manufacturer is obliged to provide all information and documentation necessary to demonstrate the conformity of the construction product with the declaration of performance and compliance with other requirements in the CPR. 
This includes in particular

  • the technical documentation, 
  • the declaration of performance, 
  • the instructions and safety information, 
  • if applicable, the certificate of constancy of performance or the certificate of conformity of the factory production control and 
  • test reports for the initial type-testing. 

(cf. Art. 11(8) CPR) 

The market surveillance authorities will, where necessary, ensure the confidentiality of the information obtained in order to protect commercial interests or to preserve personal data. 
(cf. Art. 19(5) Regulation (EC) No 765/2008)

V/2 Which documentation do the authorised representative of the manufacturer and the importer need to provide to the national authorities?

The authorised representative of the manufacturer and the importer are subject to the same obligation to provide information as the manufacturer.  (see FAQ V/1 "Which documentation does the manufacturer need to provide to the national authorities?"). 
(cf. Art. 13(8) and (9) as well as Art. 12(2)(b) CPR)

V/3 Which documentation does the distributor need to provide to the national authorities?

A distributor needs to provide in particular

  • the declaration of performance and 
  • the instructions and safety information. 

(cf. Art. 14(2) and (5) CPR) 
The market surveillance authorities will, where necessary, ensure the confidentiality of the information obtained in order to protect commercial interests or to preserve personal data. 
(cf. Art. 19(5) Regulation (EC) No 765/2008)

V/4 What is "a reasoned request" for information from the authorities?

Further to a reasoned request from the competent national authority, the manufacturers will provide it with all information and documentation necessary. 
Request means a clear demand to provide documentation.

The request is reasoned if the authority credibly establishes why the documentation is necessary for carrying out its activities. In case of proactive market surveillance through checks of construction products on the basis of samples, it is sufficient to give prior sampling at the economic operator's site as a reason. 

The CE marking, the declaration of performance as well as the documentation on the assessment and verification of constancy of performance are considered indispensable for carrying out market surveillance activities, so that the authority does not need to give any detailed reasons for requesting these. 
(cf. Art. 11(8) and Art. 14(5) CPR as well as the Art. 19(1), second subparagraph of Regulation (EC) No 765/2008)

V/5 When providing documentation, which requirements are there concerning the language in which the documents need to be drawn up?

The declaration of performance as well as the instructions and safety information need to be provided in German. This is stipulated in the Bauproduktengesetz – BauPG ('Construction Products Act'). 
(cf. Art. 6, first sentence, BauPG

Further documentation has to be provided in a language which "can be easily understood by the (competent national) authority". 
(cf. Art. 11(8), Art. 13(9), Art. 14(5) CPR and Art. 6, second sentence, BauPG
In Germany, this will generally be German.

Transitional Provisions

VI/1 Will a construction product placed on the market in accordance with the Construction Products Directive before 1 July 2013 be deemed to comply with the Construction Products Regulation?

Yes. (cf. Art. 66(1) CPR)

VI/2 Does a declaration of performance need to be drawn up for construction products placed on the market in accordance with the Construction Products Directive before 1 July 2013?

No. (cf. Art. 66(1) CPR) 

A declaration of performance only needs to be drawn up for products placed on the market from 1 July 2013. (cf. Art. 4 and Art. 68 CPR)

VI/3 Does a construction product placed on the market in accordance with the CPR since 1 July 2013 require a declaration of performance if the same construction product was already marketed before 1 July 2013? (November 2018)

Yes. For construction products which have been placed on the market and CE-marked in accordance with the CPR since 1 July 2013, a declaration of performance needs to be drawn up. This applies irrespective of whether the manufacturer already used to place the same construction product on the market before 1 July 2013 and kept it unchanged after 1 July 2013. 

(cf. Art. 4 and Art. 68 CPR)

VI/4 May a declaration of conformity or the certificate of conformity drawn up before 1 July 2013 be used as the basis for drawing up a declaration of performance for a construction product placed on the market after 1 July 2013?

Yes. Manufacturers may draw up a declaration of performance on the basis of a certificate of conformity or a declaration of conformity issued in accordance with the Construction Products Directive before 1 July 2013. 
(cf. Art. 66(2) CPR)

VI/5 Do manufacturers need a certificate of a notified body in accordance with the CPR for construction products under AVCP systems 1, 1+ and 2+ if a declaration or certificate of conformity was issued for them before 1 July 2013? (November 2018)

No. Manufacturers may draw up the declaration of performance on the basis of a certificate of conformity or a declaration of conformity issued before 1 July 2013in accordance with the Construction Products Directive. 
(cf. Art. 66(2) CPR)

This transitional provision may also be used for construction products, which have been manufactured from 1 July 2013 but for which the declaration of performance can be issued on the basis of a declaration of conformity or a certificate of conformity issued before 1 July 2013. This, however, only applies as long as the construction product does not deviate from the product-type manufactured before 1 July 2013 and with reference to which the declaration of conformity or the certificate of conformity was drawn up. A notified body under the CPR will carry out the continuing surveillance, assessment and evaluation of factory production control (as well as the testing of samples, where applicable) under the systems 1+, 1 and 2+ starting from 1 July 2013.

VI/6 To what extent is it possible under Art. 66 CPR to place stocks of construction products bearing a CE marking in accordance with the provisions set out in the Construction Products Directive on the market from 1 July 2013?

For products placed on the market from 1 July 2013 a declaration of performance has to be drawn up irrespective of whether they are stocks or not. 

Manufacturers may, however, draw up a declaration of performance on the basis of a certificate of conformity or a declaration of conformity issued before 1 July 2013 in accordance with the Construction Products Directive (Directive 89/106/EEC). 
(cf. Art. 66(2) CPR) 

The CE marking must be affixed in accordance with Articles 8 and 9 CPR.

VI/7 Is CE marking mandatory for products for which a European technical approval was issued in accordance with the Construction Products Directive before 1 July 2013?

No. 
The transitional provision laid down in Art. 66(4) CPR will be understood as an option. This provision stipulates that manufacturers may use European technical approvals issued in accordance with Art. 9 of the Construction Products Directive (Directive 89/106/EEC) before 1 July 2013 as European Technical Assessments throughout the period of validity of those approvals. They are, however, not obliged to use the European technical approval. 

However, if a manufacturer uses such a European technical approval, he is obliged to observe the new provisions on CE marking laid down in the CPR, in particular Art. 8 and 9 CPR. In that case, the manufacturer is also required to draw up a declaration of performance.

VI/8 How can manufacturers issue a valid declaration of performance for construction products falling under attestation of conformity system 2 under the Construction Products Directive which they place on the market after 1 July 2013? (November 2018)

(Note: System 2 does not exist anymore under the CPR. Under the Construction Products Directive a declaration of conformity had to be issued for construction products under this system.) 

When drawing up the declaration of performance the manufacturer may state under points 5 and/or 6 that a valid declaration of conformity had been issued before 1 July 2013 in accordance with attestation of conformity system 2 under the Construction Products Directive. 

(cf. Annex III CPR) 

Dr Justus Achelis
Head of Section – National Law, Coordination ARGEBAU, European and construction international law

Phone +49 30 78730-337
Fax +49 30 78730-11337
Email jac@dibt.de

Further information