CHAPTER IIIU.K.OBLIGATIONS OF ECONOMIC OPERATORS

[F1Article 16BU.K. Obligations 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].]

Textual Amendments