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)

Changes over time for: Article 16A

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[F1Article 16AU.K. Obligations on a manufacturer which are met by complying with obligations in the EU Construction Products Regulation

1.Paragraph 2 applies where:

(a)a construction product is covered by a standard which:

(i)is designated under Article 18B(1)(b); or

(ii)becomes a designated standard under Article 18B(2); and

(b)before the product is placed on the market, the manufacturer:

(i)carries out the assessment and the verification of constancy of performance required by [F2Regulation (EU) 305/2011 or carries out the applicable assessment and verification system required by Regulation (EU) 2024/3110];

(ii)complies with Chapter 6 of [F3Regulation (EU) 305/2011 or Chapter 7 of Regulation (EU) 2024/3110] in relation to the use, if any, of simplified procedures;

(iii)draws up a declaration of performance for the product in accordance with Articles 4 and 6 of [F4Regulation (EU) 305/2011 or a declaration of performance and conformity in accordance with Articles 13 and 15 of Regulation (EU) 2024/3110];

(iv)provides the information referred to in [F5Article 6(5)] of [F6Regulation (EU) 305/2011] with the declaration of performance [F7, or the information referred to in Article 15(6) of Regulation (EU) 2024/3110 with the declaration of performance and conformity];

(v)draws up the technical documentation referred to in Article 11(1) of [F8Regulation (EU) 305/2011 or Article 22 of Regulation (EU) 2024/3110]; and

(vi)affixes or has affixed a CE marking in accordance with Articles 8 and 9 of [F9Regulation (EU) 305/2011 or Articles 17 and 18 of Regulation (EU) 2024/3110] or, in the case of a product to which regulation 4(2)(b) of the Construction Products (Amendment etc.) (EU Exit) Regulations 2020 applies, a CE marking accompanied by the UK(NI) indication in accordance with Articles 8 and 9 of [F9Regulation (EU) 305/2011 or Articles 17 and 18 of Regulation (EU) 2024/3110].

2.Where this paragraph applies:

(a)the requirements on the manufacturer in the following provisions are to be treated as satisfied:

(i)Article 4(1);

(ii)Article 6;

(iii)Article 8(1);

(iv)Article 9;

(v)Article 11(1);

(vi)Article 28(1);

(b)Article 8(3) has effect as if there were substituted:

“3.By affixing or having affixed the CE marking or CE marking accompanied by the UK(NI) indication, manufacturers indicate that they take responsibility for the conformity of the construction product with the declared performance as well as the compliance with all applicable requirements laid down in this Regulation and in other enactments allowing for the affixing of the CE marking or CE marking accompanied by the UK(NI) indication in satisfaction of a requirement to affix the UK marking.”;

(c)the following provisions have effect subject to the modifications in paragraph 3:

(i)Article 4(2) and (3);

(ii)Article 7;

(iii)Article 11(2) to (8);

(iv)Article 12;

(v)Article 15;

(d)Chapter 6 and Article 59 do not apply.

3.The modifications are that:

(a)any reference to technical documentation is to be read as a reference to the technical documentation referred to in the second subparagraph of Article 11(1) of [F10Regulation (EU) 305/2011 or Article 22(3) of Regulation (EU) 2024/3110];

(b)any reference to a declaration of performance is to be read as a reference to the declaration of performance drawn up by the manufacturer in accordance with Articles 4 and 6 of [F11Regulation (EU) 305/2011 or a reference to the declaration of performance and conformity drawn up by the manufacturer in accordance with Articles 13 and 15 of Regulation (EU) 2024/3110];

(c)any reference to the UK marking is to be read as a reference to the CE marking or, as the case may be, CE marking accompanied by the UK(NI) indication.]

Textual Amendments

F1Arts. 16A-16C inserted (31.12.2020) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465), reg. 1, Sch. 1 para. 17 (with Sch. 1 para. 70) (as amended by S.I. 2020/1359, reg. 1, Sch. 1 paras. 9, 17); 2020 c. 1, Sch. 5 para. 1(1)