EU: Updates to the Construction Products Regulation 

 

The EU Commission has published a draft act updating the Construction Products Regulation. It is called: 

Commission Delegated Regulation (EU) supplementing Regulation (EU) 2024/3110 of the European Parliament and of the Council by laying down the conditions for the classification without testing of certain products as regards their reaction to fire performance 

Regulation (EU) 2024/3110 of the European Parliament and of the Council¹ empowers the Commission to supplement the Regulation by establishing the conditions under which a product may be deemed to achieve a particular class of performance without the need for testing in relation to its reaction to fire. 

Under Regulation (EU) No 305/2011², deemed-to-satisfy provisions were introduced for the declaration of the reaction-to-fire performance of construction products. As Regulation (EU) 2024/3110 does not contain equivalent provisions, it is necessary to re-establish them under the new framework. This will ensure that manufacturers continue to benefit from this simplified approach and are not required to carry out unnecessary testing where compliance can be presumed. 

Certain Commission decisions and delegated acts adopted under Regulation (EU) No 305/2011 established conditions linked to the content of harmonised product standards. As those standards are no longer valid references under Regulation (EU) 2024/3110, this Delegated Regulation refers only to products on the basis of the materials from which they are made. 

Continuous glowing combustion is a material characteristic relevant to reaction-to-fire performance. However, this Delegated Regulation is limited to reproducing the deemed-to-satisfy provisions that already existed under Regulation (EU) No 305/2011. Consequently, it does not establish deemed-to-satisfy provisions relating to continuous glowing combustion. Such provisions may be introduced in future delegated acts adopted pursuant to Regulation (EU) 2024/3110. 

The deemed-to-satisfy provisions established by this Delegated Regulation apply to products covered by harmonised technical specifications and European Assessment Documents (EADs). Additional or more specific deemed-to-satisfy provisions, including those relating to reaction-to-fire performance or other product characteristics, may be established in future delegated acts under Regulation (EU) 2024/3110. 

To find out more about product compliance in EU and compliance for construction products, please do not hesitate to contact us directly.