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)

CHAPTER V U.K. TECHNICAL ASSESSMENT BODIES

[F1 Article 29 U.K. Designation, monitoring and evaluation of TABs

1. A ‘TAB’ is a technical assessment body which:

(a) is designated as such by the Secretary of State under paragraph 3; or

(b) immediately before IP completion day was designated as such a body by the Secretary of State under this Article for one or several product areas.

2. Paragraph 1 is subject to Article 30(3) (withdrawal of designation).

[F2 3. The Secretary of State may designate a body as a TAB for one or several of the product areas listed in Table 1 of Annex 4 providing the body is established in—

(a) the United Kingdom; or

(b) the territory of a party to the CPTPP.]

4. The Secretary of State must make publicly available by electronic means the list of TABs indicating the product areas for which they are designated.

5. The Secretary of State must make any updates to that list publicly available.

6. The Secretary of State must monitor the activities and competence of the TABs and evaluate them in relation to the respective requirements set out in Table 2 of Annex 4.]

Textual Amendments

F1 Art. 29 substituted (31.12.2020) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465), reg. 1, Sch. 1 para. 30 (with Sch. 1 para. 70) (as amended by S.I. 2020/1359, reg. 1, Sch. 1 para. 17); 2020 c. 1, Sch. 5 para. 1(1)

F2 Art. 29(3) substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Treatment of Conformity Assessment Bodies (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Regulations 2024 (S.I. 2024/504), reg. 16(5)

Article 30 U.K. Requirements for TABs

1. A TAB shall carry out the assessment and issue the [F3 UK] Technical Assessment in a product area for which it has been designated.

The TAB shall satisfy the requirements set out in Table 2 of Annex IV within the scope of its designation.

[F4 2. A TAB must:

(a) work together with other TABs to develop UK Assessment Documents in accordance with Annex 2;

(b) share any observations concerning another TAB not fulfilling its tasks in accordance with Article 21 and Annex 2 with the Secretary of State;

(c) share examples of best practice with other TABs to promote greater efficiency and provide a better service to industry;

(d) make publicly available its organogram and the names of the members of its internal decision-making bodies.]

[F5 2A. Paragraph (2)(a) applies only to TABs that are established in the United Kingdom.]

3. Where a TAB no longer complies with the requirements referred to in paragraph 1, the [F6 Secretary of State] shall withdraw the designation of that TAB for the relevant product area F7 ...

Textual Amendments

F3 Word in Art. 30(1) substituted (31.12.2020) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465), reg. 1, Sch. 1 para. 31(2) (with Sch. 1 para. 70) (as amended by S.I. 2020/1359, reg. 1, Sch. 1 para. 17); 2020 c. 1, Sch. 5 para. 1(1)

F4 Art. 30(2) substituted (31.12.2020) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465), reg. 1, Sch. 1 para. 31(3) (with Sch. 1 para. 70) (as amended by S.I. 2020/1359, reg. 1, Sch. 1 para. 17); 2020 c. 1, Sch. 5 para. 1(1)

F5 Art. 30(2A) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Treatment of Conformity Assessment Bodies (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Regulations 2024 (S.I. 2024/504), reg. 16(6)

F6 Words in Art. 30(3) substituted (31.12.2020) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465), reg. 1, Sch. 1 para. 31(4)(a) (with Sch. 1 para. 70) (as amended by S.I. 2020/1359, reg. 1, Sch. 1 para. 17); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 30(3) omitted (31.12.2020) by virtue of The Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465), reg. 1, Sch. 1 para. 31(4)(b) (with Sch. 1 para. 70) (as amended by S.I. 2020/1359, reg. 1, Sch. 1 para. 17); 2020 c. 1, Sch. 5 para. 1(1)

[F8 Article 31 U.K. Coordination of TABs

1. The TABs must make such arrangements as they consider appropriate to ensure the coordination of TABs and, if necessary, cooperation and consultation with other stakeholders.

2. If the TABs decide to establish a separate body having legal personality and established in the United Kingdom to facilitate the coordination of TABs, a responsible TAB may delegate its functions under the specified provisions in relation to developing and adopting UK Assessment Documents to that body.

3. The “specified provisions” are—

(a) Article 19(1);

(b) Article 22(1);

(c) Article 23;

(d) Article 24;

(e) Article 27;

(f) sections 2, 4, 5, 7, 8 (excluding the duty to communicate the draft UK Assessment Document to the manufacturer) and 9 of Annex 2.]

Textual Amendments

F8 Art. 31 substituted (31.12.2020) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465), reg. 1, Sch. 1 para. 32 (with Sch. 1 para. 70) (as amended by S.I. 2020/1359, reg. 1, Sch. 1 para. 17); 2020 c. 1, Sch. 5 para. 1(1)

[F9 Article 32 U.K. Financing

1. The Secretary of State may provide financial assistance to a TAB for the implementation of the tasks referred to in Articles 30(2) and 31.

2. Financial assistance may be provided in such form and on such terms as the Secretary of State considers appropriate.]

Textual Amendments

F9 Art. 32 substituted (31.12.2020) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465), reg. 1, Sch. 1 para. 33 (with Sch. 1 para. 70) (as amended by S.I. 2020/1359, reg. 1, Sch. 1 para. 17); 2020 c. 1, Sch. 5 para. 1(1)

F10 Article 33 U.K. Financing arrangements

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Textual Amendments

F10 Arts. 33-35 omitted (31.12.2020) by virtue of The Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465), reg. 1, Sch. 1 para. 34 (with Sch. 1 para. 70) (as amended by S.I. 2020/1359, reg. 1, Sch. 1 para. 17); 2020 c. 1, Sch. 5 para. 1(1)

F10 Article 34 U.K. Management and monitoring

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Textual Amendments

F10 Arts. 33-35 omitted (31.12.2020) by virtue of The Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465), reg. 1, Sch. 1 para. 34 (with Sch. 1 para. 70) (as amended by S.I. 2020/1359, reg. 1, Sch. 1 para. 17); 2020 c. 1, Sch. 5 para. 1(1)

F10 Article 35 U.K. Protection of the Union’s financial interests

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Textual Amendments

F10 Arts. 33-35 omitted (31.12.2020) by virtue of The Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465), reg. 1, Sch. 1 para. 34 (with Sch. 1 para. 70) (as amended by S.I. 2020/1359, reg. 1, Sch. 1 para. 17); 2020 c. 1, Sch. 5 para. 1(1)