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Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (Text with EEA relevance)
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This is the original version as it was originally adopted in the EU.
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When a manufacturer makes a request for a European Technical Assessment to any TAB for a construction product, and after the manufacturer and the TAB (hereinafter referred to as the ‘responsible TAB’) have signed an agreement of commercial secrecy and confidentiality, unless the manufacturer decides otherwise, the manufacturer shall submit to the responsible TAB a technical file describing the product, its use as foreseen by the manufacturer and details of the factory production control the manufacturer intends to apply.
For construction products referred to in Article 21(1)(c), within 1 month from the reception of the technical file, a contract shall be concluded between the manufacturer and the responsible TAB for the production of the European Technical Assessment, defining the work programme for drawing up the European Assessment Document, including:
the organisation of work within the organisation of TABs,
the composition of the workgroup to be established within the organisation of TABs, designated for the product area in question,
the coordination of TABs.
After the conclusion of the contract with the manufacturer, the organisation of TABs shall inform the Commission of the work programme for drawing up the European Assessment Document, the schedule for its execution and indicating the assessment programme. This communication shall take place within 3 months of receipt of the request for a European Technical Assessment.
The organisation of TABs shall finalise a draft European Assessment Document by means of the working group coordinated by the responsible TAB and shall communicate such draft to the parties concerned within 6 months of the date the Commission was informed of the work programme.
A Commission representative may participate, as observer, to all the parts of the execution of the work programme.
Any delay in relation to the time limits set in Sections 1 to 4 in this Annex shall be reported by the working group to the organisation of TABs and to the Commission.
If an extension of the time limits for developing the European Assessment Document can be justified, notably by the absence of a Commission decision on the applicable system of assessment and verification of constancy of performance for the construction product or by the need to develop a new test method, an extended time limit shall be set by the Commission.
The responsible TAB shall communicate the draft European Assessment Document to the manufacturer, who shall have 15 working days to react thereto. Thereafter, the organisation of TABs shall:
if applicable, inform the manufacturer as to how his reactions have been taken into account;
adopt the draft European Assessment Document; and
send a copy to the Commission.
If, within 15 working days of receipt, the Commission communicates to the organisation of TABs its observations on the draft European Assessment Document, the organisation of TABs, after having been given the opportunity to comment, shall amend the draft accordingly and shall send a copy of the adopted European Assessment Document to the manufacturer and to the Commission.
As soon as the first European Technical Assessment is issued by the responsible TAB on the basis of the adopted European Assessment Document, that European Assessment Document shall be adjusted, if appropriate, based on experiences gained. The organisation of TABs shall adopt the final European Assessment Document and shall send a copy thereof to the Commission, together with a translation of its title in all the official languages of the Union, for publication of its reference. The organisation of TABs shall keep the European Assessment Document available by electronic means as soon as the product has been CE-marked.
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