EU: Updates to Construction Products regulation 

 

The EU has published updates to Construction Products regulation regarding assessment and verification system applicable to each product family or product category. 

Background of the delegated act: 

Regulation (EU) 2024/3110 of the European Parliament and of the Council¹empowers the Commission to adopt delegated acts supplementing that Regulation by determining, for each product family or product category, the applicable assessment and verification system from among those listed in Annex IX. These delegated acts may also provide for different assessment and verification systems within the same product family or product category where justified by differences in essential characteristics or product requirements. 

The assessment and verification of constancy of performance (AVCP) systems established under Regulation (EU) No 305/2011 are closely aligned with the assessment and verification systems introduced by Regulation (EU) 2024/3110. Their proven application demonstrates that the third-party involvement required under Regulation (EU) No 305/2011 provides 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 construction products, the potential consequences of product deficiencies, the sensitivity of product performance to variations in manufacturing conditions, the likelihood of manufacturing errors, and the ease with which such errors can be detected. These same principles remain relevant and applicable under Regulation (EU) 2024/3110. 

It is appropriate to establish the applicable assessment and verification systems for all product families in a single delegated act. This approach ensures consistency across product families and reflects the need for these systems to be in place before harmonised technical specifications and European Assessment Documents (EADs) become applicable. This is particularly important because EADs may be developed at the request of a manufacturer, a group of manufacturers, a manufacturers’ association, or the Commission. At the same time, the adoption of a single delegated act does not preclude future amendments where necessary to address specific requirements identified by the CPR Acquis Expert Group. 

Regulation (EU) No 305/2011 did not establish, in a single legal act, the application of AVCP system 4 to essential characteristics deemed to satisfy certain performance levels without testing or without further testing. The present delegated act addresses this gap while also introducing horizontal provisions for essential characteristics of a horizontal nature, as described in Annex X to Regulation (EU) 2024/3110. 

In line with the approach taken under Regulation (EU) No 305/2011, assessment and verification system 3+ is assigned to essential characteristics relating to environmental sustainability. Similarly, system 3 applies to essential characteristics concerning the emission of dangerous substances to indoor air, while system 2+ applies to essential characteristics concerning the release of dangerous substances to soil and groundwater. The assessment and verification system for the essential characteristic “reaction to fire” follows the criteria already established under Regulation (EU) No 305/2011, thereby ensuring continuity and regulatory stability in the declaration of performance for this characteristic. 

For essential characteristics not covered by the categories above, the applicable assessment and verification system should be determined on the basis of the specific features of the relevant product family or product category. This tailored approach seeks to minimise the administrative burden on manufacturers while maintaining a high level of protection for human health, safety and the environment. 

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