CHAPTER IIIOBLIGATIONS OF ECONOMIC OPERATORS

F1Article 16BObligations on an importer 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 placing the product on the market, an importer:

i)

finds that the product does not bear the UK marking;

ii)

ensures that the manufacturer has:

aa)

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

bb)

drawn up the technical documentation referred to in the second subparagraph of Article 11(1) of F3Regulation (EU) 305/2011 or Article 22(3) of Regulation (EU) 2024/3110;

cc)

drawn up the declaration of performance 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; and

dd)

complied with Article 11(4) and (5) of this Regulation; and

iii)

ensures that the product bears the CE marking, or in the case of a product to which regulation 4(2)(b) of the Construction Products (Amendment etc.) (EU Exit) Regulations 2020 applies, the CE marking accompanied by the UK(NI) indication;

iv)

ensures that the product is accompanied by the ‘required documents’ referred to in Article 13(2) of F5Regulation (EU) 305/2011 or Article 24 of Regulation (EU) 2024/3110.

(2.

Where this paragraph applies:

(a)

the requirements on the importer in the first subparagraph of Article 13(2) are to be treated as satisfied;

(b)

the following provisions of Article 13 have effect subject to the modifications in paragraph 3:

i)

the second subparagraph of paragraph 2;

ii)

paragraph 5;

iii)

paragraphs 7 to 9.

(3.

The modifications are that:

(a)

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 F6Regulation (EU) 305/2011 or a declaration of performance and conformity in accordance with Articles 13 and 15 of Regulation (EU) 2024/3110;

(b)

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 F7Regulation (EU) 305/2011 or Article 22(3) of Regulation (EU) 2024/3110.