Regulation (EU) No 305/2011 of the European Parliament and of the CouncilShow full title

Article 60 U.K. Delegated acts

For the purposes of achieving the objectives of this Regulation, in particular removing and avoiding restrictions on making construction products available on the market, the following matters shall be delegated to the Commission in accordance with Article 61, and subject to the conditions laid down in Articles 62 and 63:

(a)

the determination, where appropriate, of the essential characteristics or threshold levels within specific families of construction products, in relation to which, in accordance with Articles 3 to 6, the manufacturer shall declare, in relation to their intended use, by levels or classes, or in a description, the performance of the manufacturer’s product when it is placed on the market;

(b)

the conditions on which a declaration of performance may be electronically processed, in order to make it available on a web site in accordance with Article 7;

(c)

the amendment of the period for which the manufacturer shall keep the technical documentation and the declaration of performance after the construction product has been placed on the market, in accordance with Article 11, based on the expected life or the part played by the construction product in the construction works;

(d)

the amendment of Annex II and where necessary the adoption of supplementary procedural rules in accordance with Article 19(3) in order to ensure compliance with the principles in Article 20, or the application in practice of the procedures set out in Article 21;

(e)

the adaptation of Annex III, table 1 of Annex IV, and Annex V in response to technical progress;

(f)

the establishment and adaptation of classes of performance in response to technical progress in accordance with Article 27(1);

(g)

the conditions on which a construction product shall be deemed to satisfy a certain level or class of performance without testing or without further testing in accordance with Article 27(5), provided that the fulfilment of the basic requirements for construction works is not thereby jeopardised;

(h)

the adaptation, establishment and revision of the systems of assessment and verification of constancy of performance in accordance with Article 28, relating to a given product, a given product family or a given essential characteristic, and in accordance with:

(i)

the importance of the part played by the product or those essential characteristics with respect to the basic requirements for construction works;

(ii)

the nature of the product;

(iii)

the effect of the variability of the essential characteristics of the construction product during the expected life of the product; and

(iv)

the susceptibility to defects in the product’s manufacture.