Market surveillance

Market surveillance of harmonised construction products

with information on the declaration of performance or declaration of performance and conformity and CE marking

[Translate to English:] Zwei Mitarbeitende der Marktüberwachungsbehörden kontrollieren die Angaben zu einem Bauprodukt

Construction products bearing the CE marking may be freely traded within the European Union. However, this right is accompanied by obligations. Market surveillance authorities verify whether CE-marked construction products comply with EU harmonisation legislation and whether they present a risk to health, safety, or other public interests. The German market surveillance authorities may take measures only against non-compliant products that are available on the German market.

Objectives of Market Surveillance

The primary objective of market surveillance is to protect the public from construction products that present a risk. To this end, the authorities verify that products comply with the applicable requirements for placing them on the market. The checks strengthen confidence in CE-marked construction products.

The market surveillance authorities will, in the first instance, seek amicable solutions through dialogue and cooperation with economic operators (manufacturers, importers, distributors, etc.). Only if this dialogue does not lead to a satisfactory resolution will the authorities order proportionate action, including prohibiting the making available on the market, withdrawal, recall, or issuing warnings to users.

Active Market Surveillance

In Germany, the federal states are responsible for the surveillance of harmonised construction products. The market surveillance authorities of the 16 federal states carry out random on-site checks, for example in DIY stores, with wholesalers, at customs, or online. These activities are based on the national market surveillance strategy and the annual implementing provisions.

Reactive Market Surveillance

In addition, the authorities follow-up on reports, incidents, damage and complaints, subjecting the products concerned to targeted checks. 

In such cases, the first point of contact is the one in the federal state in which the manufacturer, importer, or distributor has its registered office.

• Contact points for market surveillance
Version: 4 July 2025

Who evaluates, and what is evaluated?

Symbolic image of market surveillance: A magnifying glass is held over the CE marking.

The federal state authorities first evaluate whether harmonised construction products are

  • marketed with a compliant declaration of performance (DOP) under Regulation (EU) No 305/2011 (the “former” Construction Products Regulation – CPR 2011), or
  • marketed with a declaration of performance and conformity (DoPC) under Regulation (EU) 2024/3110 (the “new” Construction Products Regulation – CPR 2024), and
  • bear the CE marking followed by correct and complete information.

The authorities also evaluate whether there are inconsistencies between the declaration, the CE marking, and the accompanying documents, for example, instruction manuals.

If the market surveillance authorities of the federal states have reason to believe that a construction product does not achieve the performance declared in the relevant declaration, or that it presents a risk in accordance with Article 67 CPR 2024, the case is transferred to DIBt, acting as the joint market surveillance authority.

The role of DIBt

As the joint market surveillance authority of the federal states, DIBt's responsibilities include

  • central coordination of market surveillance activities, including service as the Secretariat of the Working Group on Market Surveillance of Harmonised Construction Products (AK MÜ Bau),
  • organisation and evaluation of product testing, including risk assessment,
  • conducting procedures in cases of suspected non-conformity with declared performance,
  • support for the federal state authorities.

Information for manufacturers

CPR 2024 and the corresponding new market surveillance provisions (Chapter XIII, Articles 63–70), including the measures applicable in cases of non-compliance, have been generally applicable since 8 January 2026. 

In principle, CPR 2011 has been replaced by CPR 2024 with effect from that date. However, both Regulations will largely apply in parallel during a significant transitional period.

CPR 2011 will only be fully repealed 15 years after the date of application of CPR 2024. This includes key provisions for market surveillance, such as those relating to the declaration of performance, CE marking, and the assessment and verification of constancy of performance (AVCP), compare Articles 4–9 and Annexes III and V of CPR 2011.

The provisions of CPR 2024 will become applicable for specific product families only once new harmonised technical specifications have been published in the Official Journal of the European Union. The transition process for all product families (Annex VII CPR 2024) is expected to be completed within these 15 years.

The CE marking is affixed to construction products for which the manufacturer is required to draw up a declaration of performance under CPR 2011. This applies where a product is covered by a harmonised European standard (hEN) cited under CPR 2011 or where a European Technical Assessment (ETA) has been issued under CPR 2011.

In the declaration of performance, the manufacturer declares the performance determined in accordance with the hEN or assessed in the ETA. In Germany, the declaration of performance needs to be available in the German language.

By affixing the CE marking, the manufacturer declares that the construction product complies with all applicable EU requirements relating to safety, health and environmental protection, and conforms with the declared performance.

Only once a harmonised technical specification, in particular a new harmonised European standard, under CPR 2024 has been published in the Official Journal of the European Union does the manufacturer draw up a declaration of performance and conformity under CPR 2024 and affix the CE marking.

Likewise, the Digital Product Passport (DPP) will only need to be provided once a harmonised technical specification based on CPR 2024 has been published and the European Commission has adopted the necessary delegated act establishing the framework for its mandatory use.

By affixing the CE marking, the manufacturer declares that the construction product complies with all applicable EU requirements relating to safety, health and environmental protection, and conforms with the declared performance.

Information