EU: Construction products – assessment and verification systems

 

The EU Commission has published a new draft delegated regulation establishing the applicable assessment and verification systems for construction product families and categories.

Regulation (EU) 2024/3110 of the European Parliament and of the Council empowers the Commission to supplement that Regulation by adopting delegated acts specifying, for each product family or product category, the applicable assessment and verification system chosen from those listed in Annex IX. These delegated acts may also establish different assessment and verification systems within the same product family or product category, depending on the essential characteristics or specific product requirements.

The assessment and verification of constancy of performance systems established under Regulation (EU) No 305/2011 are comparable to the assessment and verification systems introduced by Regulation (EU) 2024/3110. Their effective implementation demonstrates that the third-party tasks defined under Regulation (EU) No 305/2011 provide a sound basis for determining the appropriate assessment and verification systems under Regulation (EU) 2024/3110. These systems were designed taking into account the intended use of products, the potential harm caused by product deficiencies, the sensitivity of product performance to variations in production conditions, the likelihood of manufacturing errors, and the ease with which such errors can be detected. The same principles and benchmarks apply under Regulation (EU) 2024/3110.

It is appropriate to adopt a single delegated act covering all product families in order to ensure consistency across product families and because these systems must be determined before harmonised technical specifications and European assessment documents become applicable. This is particularly important given that the development of European assessment documents is driven by requests from manufacturers, groups of manufacturers, manufacturers’ associations, or the Commission. Nevertheless, covering all product families in one act does not exclude the need to amend the delegated act where necessary to address specific requirements identified by the CPR Acquis Expert Group.

Regulation (EU) No 305/2011 did not establish a single legal act defining assessment and verification of constancy of performance system 4 for essential characteristics considered to meet certain performance requirements without testing or without further testing. This gap is addressed in the draft delegated act, together with horizontal provisions concerning essential characteristics of a horizontal nature, as set out in Annex X of Regulation (EU) 2024/3110.

In line with Regulation (EU) No 305/2011, assessment and verification system 3+ is established for essential characteristics related to environmental sustainability. Using the same approach, assessment and verification system 3 applies to essential characteristics concerning emissions of dangerous substances into indoor air, while system 2+ applies to essential characteristics related to the release of dangerous substances into soil and groundwater. The assessment and verification system for the essential characteristic “reaction to fire” is determined on the basis of criteria already established under Regulation (EU) No 305/2011, in order to preserve regulatory stability in the declaration of performance for this characteristic.

Essential characteristics that do not fall within these categories require a tailored approach, depending on the specific needs of the relevant product families or product categories. This approach aims to minimise the administrative burden on manufacturers while ensuring a high level of protection for human health, safety, and the environment.

To find out more about compliance construction products, do not hesitate to contact the Product Compliance Institute.