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) (c. 305)

ANNEX I U.K. BASIC REQUIREMENTS FOR CONSTRUCTION WORKS

Construction works as a whole and in their separate parts must be fit for their intended use, taking into account in particular the health and safety of persons involved throughout the life cycle of the works. Subject to normal maintenance, construction works must satisfy these basic requirements for construction works for an economically reasonable working life.

1. Mechanical resistance and stability U.K.

The construction works must be designed and built in such a way that the loadings that are liable to act on them during their constructions and use will not lead to any of the following:

(a)

collapse of the whole or part of the work;

(b)

major deformations to an inadmissible degree;

(c)

damage to other parts of the construction works or to fittings or installed equipment as a result of major deformation of the load-bearing construction;

(d)

damage by an event to an extent disproportionate to the original cause.

2. Safety in case of fire U.K.

The construction works must be designed and built in such a way that in the event of an outbreak of fire:

(a)

the load-bearing capacity of the construction can be assumed for a specific period of time;

(b)

the generation and spread of fire and smoke within the construction works are limited;

(c)

the spread of fire to neighbouring construction works is limited;

(d)

occupants can leave the construction works or be rescued by other means;

(e)

the safety of rescue teams is taken into consideration.

3. Hygiene, health and the environment U.K.

The construction works must be designed and built in such a way that they will, throughout their life cycle, not be a threat to the hygiene or health and safety of workers, occupants or neighbours, nor have an exceedingly high impact, over their entire life cycle, on the environmental quality or on the climate during their construction, use and demolition, in particular as a result of any of the following:

(a)

the giving-off of toxic gas;

(b)

the emissions of dangerous substances, volatile organic compounds (VOC), greenhouse gases or dangerous particles into indoor or outdoor air;

(c)

the emission of dangerous radiation;

(d)

the release of dangerous substances into ground water, marine waters, surface waters or soil;

(e)

the release of dangerous substances into drinking water or substances which have an otherwise negative impact on drinking water;

(f)

faulty discharge of waste water, emission of flue gases or faulty disposal of solid or liquid waste;

(g)

dampness in parts of the construction works or on surfaces within the construction works.

4. Safety and accessibility in use U.K.

The construction works must be designed and built in such a way that they do not present unacceptable risks of accidents or damage in service or in operation such as slipping, falling, collision, burns, electrocution, injury from explosion and burglaries. In particular, construction works must be designed and built taking into consideration accessibility and use for disabled persons.

5. Protection against noise U.K.

The construction works must be designed and built in such a way that noise perceived by the occupants or people nearby is kept to a level that will not threaten their health and will allow them to sleep, rest and work in satisfactory conditions.

6. Energy economy and heat retention U.K.

The construction works and their heating, cooling, lighting and ventilation installations must be designed and built in such a way that the amount of energy they require in use shall be low, when account is taken of the occupants and of the climatic conditions of the location. Construction works must also be energy-efficient, using as little energy as possible during their construction and dismantling.

7. Sustainable use of natural resources U.K.

The construction works must be designed, built and demolished in such a way that the use of natural resources is sustainable and in particular ensure the following:

(a)

reuse or recyclability of the construction works, their materials and parts after demolition;

(b)

durability of the construction works;

(c)

use of environmentally compatible raw and secondary materials in the construction works.

ANNEX II U.K. PROCEDURE FOR ADOPTING A EUROPEAN ASSESSMENT DOCUMENT

1. Request for a European Technical Assessment U.K.

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.

2. Contract U.K.

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.

3. Work programme U.K.

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.

4. The draft European Assessment Document U.K.

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.

5. Commission Participation U.K.

A Commission representative may participate, as observer, to all the parts of the execution of the work programme.

6. Extension and delay U.K.

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.

7. Amendments and adoption of a European Assessment Document U.K.

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:

(a)

if applicable, inform the manufacturer as to how his reactions have been taken into account;

(b)

adopt the draft European Assessment Document; and

(c)

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.

8. Final European Assessment Document to be published U.K.

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.

ANNEX III U.K.

DECLARATION OF PERFORMANCE No. … U.K.

1. Unique identification code of the product-type: … U.K.

2. Type, batch or serial number or any other element allowing identification of the construction product as required pursuant to Article 11(4): U.K.

…

3. Intended use or uses of the construction product, in accordance with the applicable harmonised technical specification, as foreseen by the manufacturer: U.K.

…

…

4. Name, registered trade name or registered trade mark and contact address of the manufacturer as required pursuant to Article 11(5): U.K.

…

…

5. Where applicable, name and contact address of the authorised representative whose mandate covers the tasks specified in Article 12(2): U.K.

…

…

6. System or systems of assessment and verification of constancy of performance of the construction product as set out in Annex V: U.K.

…

…

7. In case of the declaration of performance concerning a construction product covered by a harmonised standard: U.K.

…

(name and identification number of the notified body, if relevant)

performed … under system …

(description of the third party tasks as set out in Annex V)

and issued …

(certificate of constancy of performance, certificate of conformity of the factory production control, test/calculation reports – as relevant)

8. In case of the declaration of performance concerning a construction product for which a European Technical Assessment has been issued: U.K.

…

(name and identification number of the Technical Assessment Body, if relevant)

issued …

(reference number of the European Technical Assessment)

on the basis of …,

(reference number of the European Assessment Document)

performed … under system …

(description of the third party tasks as set out in Annex V)

and issued …

(certificate of constancy of performance, certificate of conformity of the factory production control, test/calculation reports – as relevant)

9. Declared performance U.K.

Notes to the table.

1.

Column 1 shall contain the list of essential characteristics as determined in the harmonised technical specifications for the intended use or uses indicated in point 3 above.

2.

For each essential characteristic listed in column 1 and in compliance with the requirements of Article 6, column 2 shall contain the declared performance, expressed by level or class, or in a description, related to the corresponding essential characteristics. The letters ‘NPD’ (No Performance Determined) shall be indicated where no performance is declared.

3.

For each essential characteristic listed in column 1, column 3 shall contain:

(a)

dated reference of the corresponding harmonised standard and, where relevant, the reference number of the Specific or Appropriate Technical Documentation used;

or

(b)

dated reference of the corresponding European Assessment Document where available and reference number of the European Technical Assessment used.

Essential characteristics(see Note 1)	Performance(see Note 2)	Harmonised technical specification(see Note 3)

Where pursuant to Article 37 or 38 the Specific Technical Documentation has been used, the requirements with which the product complies:

…

…

10. The performance of the product identified in points 1 and 2 is in conformity with the declared performance in point 9. U.K.

This declaration of performance is issued under the sole responsibility of the manufacturer identified in point 4.

Signed for and on behalf of the manufacturer by:

…

(name and function)

……

(place and date of issue) (signature)

ANNEX IV U.K. PRODUCT AREAS AND REQUIREMENTS FOR TABS

Table 1 —

Product areas

AREA CODE	PRODUCT AREA
1	PRECAST NORMAL/LIGHTWEIGHT/AUTOCLAVED AERATED CONCRETE PRODUCTS.
2	DOORS, WINDOWS, SHUTTERS, GATES AND RELATED BUILDING HARDWARE.
3	MEMBRANES, INCLUDING LIQUID APPLIED AND KITS (FOR WATER AND/OR WATER VAPOUR CONTROL).
4	THERMAL INSULATION PRODUCTS. COMPOSITE INSULATING KITS/SYSTEMS.
5	STRUCTURAL BEARINGS. PINS FOR STRUCTURAL JOINTS.
6	CHIMNEYS, FLUES AND SPECIFIC PRODUCTS.
7	GYPSUM PRODUCTS.
8	GEOTEXTILES, GEOMEMBRANES, AND RELATED PRODUCTS.
9	CURTAIN WALLING/CLADDING/STRUCTURAL SEALANT GLAZING.
10	FIXED FIRE FIGHTING EQUIPMENT (FIRE ALARM/DETECTION, FIXED FIREFIGHTING, FIRE AND SMOKE CONTROL AND EXPLOSION SUPPRESSION PRODUCT).
11	SANITARY APPLIANCES.
12	CIRCULATION FIXTURES: ROAD EQUIPMENT.
13	STRUCTURAL TIMBER PRODUCTS/ELEMENTS AND ANCILLARIES.
14	WOOD BASED PANELS AND ELEMENTS.
15	CEMENT, BUILDING LIMES AND OTHER HYDRAULIC BINDERS.
16	REINFORCING AND PRESTRESSING STEEL FOR CONCRETE (AND ANCILLARIES). POST TENSIONING KITS.
17	MASONRY AND RELATED PRODUCTS. MASONRY UNITS, MORTARS, AND ANCILLARIES.
18	WASTE WATER ENGINEERING PRODUCTS.
19	FLOORINGS.
20	STRUCTURAL METALLIC PRODUCTS AND ANCILLARIES.
21	INTERNAL & EXTERNAL WALL AND CEILING FINISHES. INTERNAL PARTITION KITS.
22	ROOF COVERINGS, ROOF LIGHTS, ROOF WINDOWS, AND ANCILLARY PRODUCTS. ROOF KITS.
23	ROAD CONSTRUCTION PRODUCTS.
24	AGGREGATES.
25	CONSTRUCTION ADHESIVES.
26	PRODUCTS RELATED TO CONCRETE, MORTAR AND GROUT.
27	SPACE HEATING APPLIANCES.
28	PIPES-TANKS AND ANCILLARIES NOT IN CONTACT WITH WATER INTENDED FOR HUMAN CONSUMPTION.
29	CONSTRUCTION PRODUCTS IN CONTACT WITH WATER INTENDED FOR HUMAN CONSUMPTION.
30	FLAT GLASS, PROFILED GLASS AND GLASS BLOCK PRODUCTS.
31	POWER, CONTROL AND COMMUNICATION CABLES.
32	SEALANTS FOR JOINTS.
33	FIXINGS.
34	BUILDING KITS, UNITS, AND PREFABRICATED ELEMENTS.
35	FIRE STOPPING, FIRE SEALING AND FIRE PROTECTIVE PRODUCTS. FIRE RETARDANT PRODUCTS.

Table 2 —

Requirements for TABs

Competence	Description of competence	Requirement
1. Analysing risks	Identify the possible risks and benefits for the use of innovative construction products in the absence of established/consolidated technical information regarding their performance when installed in construction works.	A TAB shall be established under national law and have legal personality. It shall be independent from the stakeholders and from any particular interests. In addition, a TAB shall have staff with: (a) objectivity and sound technical judgement; (b) detailed knowledge of the regulatory provisions and other requirements in force in the Member States where it is designated, concerning product areas for which it is to be designated; (c) general understanding of construction practice and detailed technical knowledge, concerning product areas for which it is to be designated; (d) detailed knowledge of specific risks involved and the technical aspects of the construction process; (e) detailed knowledge of the existing harmonised standards and test methods within the product areas for which it is to be designated; (f) appropriate linguistic skills. The remuneration of the TAB personnel shall not depend on the number of the assessments carried out or on the results of such assessments.
2. Setting technical criteria	Transform the outcome of the risk analysis into technical criteria for evaluating behaviour and performance of the construction products regarding the fulfilment of applicable national requirements; provide the technical information needed by those participating in the building process as potential users of the construction products (manufacturers, designers, contractors, installers).
3. Setting assessment methods	Design and validate appropriate methods (tests or calculations) to assess performance for essential characteristics of construction products, taking into account the current state of the article.
4. Determining the specific factory production control	Understand and evaluate the manufacturing process of the specific product in order to identify appropriate measures ensuring product constancy through the given manufacturing process.	A TAB shall have staff with appropriate knowledge of the relationship between the manufacturing processes and product characteristics related to factory production control.
5. Assessing the product	Assess the performance for essential characteristics of construction products on the basis of harmonised methods against harmonised criteria.	In addition to the requirements listed in points 1, 2 and 3, a TAB shall have access to the necessary means and equipment for the assessment of the performance for essential characteristics of construction products within the product areas for which it is to be designated.
6. General management	Ensure consistency, reliability, objectivity and traceability through the constant application of appropriate management methods.	A TAB shall have: (a) a proven record of respect of good administrative behaviour; (b) a policy and the supporting procedures to ensure confidentiality of sensitive information within the TAB and all its partners; (c) a document control system to ensure registration, traceability, maintenance and archiving of all relevant documents; (d) a mechanism for internal audit and management review to ensure the regular monitoring of the compliance with appropriate management methods; (e) a procedure to deal objectively with appeals and complaints.

ANNEX V U.K. ASSESSMENT AND VERIFICATION OF CONSTANCY OF PERFORMANCE

1. SYSTEMS OF ASSESSMENT AND VERIFICATION OF CONSTANCY OF PERFORMANCE U.K.

1.1. System 1+ – Declaration of the performance of the essential characteristics of the construction product by the manufacturer on the basis of the following items: U.K.

(a)

the manufacturer shall carry out:

(i)

factory production control;

(ii)

further testing of samples taken at the factory in accordance with the prescribed test plan;

(b)

the notified product certification body shall issue the certificate of constancy of performance of the product on the basis of:

(i)

determination of the product-type on the basis of type testing (including sampling), type calculation, tabulated values or descriptive documentation of the product;

(ii)

initial inspection of the manufacturing plant and of factory production control;

(iii)

continuous surveillance, assessment and evaluation of factory production control;

(iv)

audit-testing of samples taken before placing the product on the market.

1.2. System 1 – Declaration of the performance of the essential characteristics of the construction product by the manufacturer on the basis of the following items: U.K.

(a)

the manufacturer shall carry out:

(i)

factory production control;

(ii)

further testing of samples taken at the factory by the manufacturer in accordance with the prescribed test plan;

(b)

the notified product certification body shall issue the certificate of constancy of performance of the product on the basis of:

(i)

determination of the product type on the basis of type testing (including sampling), type calculation, tabulated values or descriptive documentation of the product;

(ii)

initial inspection of the manufacturing plant and of factory production control;

(iii)

continuous surveillance, assessment and evaluation of factory production control.

1.3. System 2+ – Declaration of the performance of the essential characteristics of the construction product by the manufacturer on the basis of the following items: U.K.

(a)

the manufacturer shall carry out:

(i)

determination of the product-type on the basis of type testing (including sampling), type calculation, tabulated values or descriptive documentation of the product;

(ii)

factory production control;

(iii)

testing of samples taken at the factory in accordance with the prescribed test plan;

(b)

the notified production control certification body shall issue the certificate of conformity of the factory production control on the basis of:

(i)

initial inspection of the manufacturing plant and of factory production control;

(ii)

continuous surveillance, assessment and evaluation of factory production control.

1.4. System 3 – Declaration of the performance of the essential characteristics of the construction product by the manufacturer on the basis of the following items: U.K.

(a)

the manufacturer shall carry out factory production control;

(b)

the notified testing laboratory shall carry out determination of the product-type on the basis of type testing (based on sampling carried out by the manufacturer), type calculation, tabulated values or descriptive documentation of the product.

1.5. System 4 – Declaration of the performance of the essential characteristics of the construction product by the manufacturer on the basis of the following items: U.K.

(a)

the manufacturer shall carry out:

(i)

determination of the product-type on the basis of type testing, type calculation, tabulated values or descriptive documentation of the product;

(ii)

factory production control;

(b)

no tasks for the notified body.

2. BODIES INVOLVED IN THE ASSESSMENT AND VERIFICATION OF CONSTANCY OF PERFORMANCE U.K.

With respect to the function of notified bodies involved in the assessment and verification of constancy of performance for construction products, distinction shall be made between:

(1) product certification body

:

a governmental or non-governmental notified body, possessing the necessary competence and responsibility to carry out a product certification in accordance with given rules of procedure and management;

(2) factory production control certification body

:

a notified body, governmental or non-governmental, possessing the necessary competence and responsibility to carry out factory production control certification in accordance to given rules of procedure and management;

(3) testing laboratory

:

a notified laboratory which measures, examines, tests, calibrates or otherwise determines the characteristics or performance of materials or construction products.

3. CASES OF ESSENTIAL CHARACTERISTICS WHERE REFERENCE TO A RELEVANT HARMONISED TECHNICAL SPECIFICATION IS NOT REQUIRED U.K.

1. Reaction to fire. U.K.

2. Resistance to fire. U.K.

3. External fire performance. U.K.

4. Noise absorption. U.K.

5. Emissions of dangerous substances. U.K.