The basic requirements for construction works set out in Annex I shall constitute the basis for the preparation of standardisation mandates F19, standards under Article 18A, and UK Assessment Documents.

The essential characteristics of construction products shall be laid down in harmonised technical specifications in relation to the basic requirements for construction works.

For specific families of construction products covered by a F20designated standard, the F21Secretary of State may, in relation to their intended uses as defined in F20designated standards, determine by F22regulations in accordance with Article 60, those essential characteristics for which the manufacturer shall declare the performance of the product when it is placed on the market.

F23The Secretary of State may also determine, by F24regulations in accordance with Article 60, the threshold levels for the performance in relation to the essential characteristics to be declared.

When a construction product is covered by a F26designated standard or conforms to a F27UK Technical Assessment which has been issued for it, the manufacturer shall draw up a declaration of performance when such a product is placed on the market.

When a construction product is covered by a F28designated standard or conforms to a F29UK Technical Assessment which has been issued for it, information in any form about its performance in relation to the essential characteristics, as defined in the applicable harmonised technical specification, may be provided only if included and specified in the declaration of performance except where, in accordance with Article 5, no declaration of performance has been drawn up.

By drawing up the declaration of performance, the manufacturer shall assume responsibility for the conformity of the construction product with such declared performance. In the absence of objective indications to the contrary, F30... the declaration of performance drawn up by the manufacturer F31shall be presumed to be accurate and reliable.

The declaration of performance shall express the performance of construction products in relation to the essential characteristics of those products in accordance with the relevant harmonised technical specifications.

The declaration of performance shall be drawn up using the model set out in Annex III.

The information referred to in Article 31 or, as the case may be, in Article 33 of Regulation (EC) No 1907/2006 F41as amended from time to time, shall be provided together with the declaration of performance.

A copy of the declaration of performance of each product which is made available on the market shall be supplied either in paper form or by electronic means.

However, where a batch of the same product is supplied to a single user, it may be accompanied by a single copy of the declaration of performance either in paper form or by electronic means.

A paper copy of the declaration of performance shall be supplied if the recipient requests it.

By way of derogation from paragraphs 1 and 2, the copy of the declaration of performance may be made available on a web site in accordance with conditions to be established by the F42Secretary of State by F43regulations in accordance with Article 60. Such conditions shall, inter alia, guarantee that the declaration of performance remains available at least for the period referred to in Article 11(2).

The declaration of performance shall be supplied in F44English.

The UK marking must be affixed to those construction products for which the manufacturer has drawn up a declaration of performance in accordance with Articles 4 and 6.

The UK marking must be affixed only by the manufacturer or the manufacturer's authorised representative.

If a declaration of performance has not been drawn up by the manufacturer in accordance with Articles 4 and 6, the UK marking must not be affixed.

By affixing or having affixed the UK marking, 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 providing for its affixing.

The rules for affixing the UK marking provided for in other enactments (including in Article 30 of RAMS) apply without prejudice to this Article.

A public authority within the meaning of section 6 of the Human Rights Act 1998 may not impose rules or conditions impeding the use of a construction product bearing the UK marking, or the CE marking (or CE marking accompanied by the UK(NI) indication) where Article 16A(2)(a) applies, when the declared performances correspond to the requirements for such use in Great Britain.

The F46UK marking shall be affixed visibly, legibly and indelibly to the construction product or to a label attached to it. Where this is not possible or not warranted on account of the nature of the product, it shall be affixed to the packaging or to the accompanying documents.

The F46UK marking shall be followed by the two last digits of the year in which it was first affixed, the name and the registered address of the manufacturer, or the identifying mark allowing identification of the name and address of the manufacturer easily and without any ambiguity, the unique identification code of the product-type, the reference number of the declaration of performance, the level or class of the performance declared, the reference to the harmonised technical specification applied, the identification number of the F47approved body, if applicable, and the intended use as laid down in the harmonised technical specification applied.

The F46UK marking shall be affixed before the construction product is placed on the market. It may be followed by a pictogram or any other mark notably indicating a special risk or use.

Manufacturers shall draw up a declaration of performance in accordance with Articles 4 and 6, and affix the F49UK marking in accordance with Articles 8 and 9.

Manufacturers shall, as the basis for the declaration of performance, draw up technical documentation describing all the relevant elements related to the required system of assessment and verification of constancy of performance.

Manufacturers shall keep the technical documentation and the declaration of performance for a period of 10 years after the construction product has been placed on the market.

Where appropriate, the F50Secretary of State may, by F51regulations in accordance with Article 60, amend that period for families of construction products on the basis of the expected life or part played by the construction product in the construction works.

Manufacturers shall ensure that procedures are in place to ensure that series production maintains the declared performance. Changes in the product-type and in the applicable harmonised technical specifications shall be adequately taken into account.

Manufacturers shall, where deemed appropriate with regard to ensuring the accuracy, reliability and stability of the declared performance of a construction product, carry out sample testing of construction products placed or made available on the market, investigate, and, if necessary, keep a register of complaints, of non-conforming products and of product recalls, and keep distributors informed of any such monitoring.

Manufacturers shall ensure that their construction products bear a type, batch or serial number or any other element allowing their identification, or, where the size or nature of the product does not allow it, that the required information is provided on the packaging or in a document accompanying the construction product.

Manufacturers shall indicate on the construction product or, where that is not possible, on its packaging or in a document accompanying it, their name, registered trade name or registered trade mark and their contact address. The address shall indicate a single point at which the manufacturer can be contacted.

When making a construction product available on the market, manufacturers shall ensure that the product is accompanied by instructions and safety information in F52English.

Manufacturers who consider or have reason to believe that a construction product which they have placed on the market is not in conformity with the declaration of performance or not in compliance with other applicable requirements in this Regulation, shall immediately take the necessary corrective measures to bring that construction product into conformity, or, if appropriate, to withdraw or recall it. Furthermore, where the product presents a risk, manufacturers shall immediately inform F53a competent authority to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.

Manufacturers shall, further to a reasoned request from a competent F54... authority, provide it with all the information and documentation necessary to demonstrate the conformity of the construction product with the declaration of performance and compliance with other applicable requirements in this Regulation, in F55English. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by construction products which they have placed on the market.

A manufacturer may appoint, by written mandate, an authorised representative.

The drawing up of technical documentation shall not form part of the authorised representative’s mandate F56established in the United Kingdom.

Importers shall place on the F60market of Great Britain only construction products which are compliant with the applicable requirements of this Regulation.

Before placing a construction product on the market, importers shall ensure that the assessment and the verification of constancy of performance has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation referred to in the second subparagraph of Article 11(1) and the declaration of performance in accordance with Articles 4 and 6. They shall also ensure that the product, where required, bears the F61UK marking, that the product is accompanied by the required documents and that the manufacturer has complied with the requirements set out in Article 11(4) and (5).

Where an importer considers or has reason to believe that the construction product is not in conformity with the declaration of performance or not in compliance with other applicable requirements in this Regulation, the importer shall not place the construction product on the market until it conforms to the accompanying declaration of performance and it complies with the other applicable requirements in this Regulation or until the declaration of performance is corrected. Furthermore, where the construction product presents a risk, the importer shall inform the manufacturer and the market surveillance authorities thereof.

Importers shall indicate on the construction product or, where that is not possible, on its packaging or in a document accompanying the product their name, registered trade name or registered trade mark and their contact address.

Importers shall ensure that, when making a construction product available on the market, the product is accompanied by instructions and safety information in F62English.

Importers shall ensure that, while a construction product is under their responsibility, storage or transport conditions do not jeopardise its conformity with the declaration of performance and compliance with other applicable requirements in this Regulation.

Importers shall, when deemed appropriate with regard to ensuring the accuracy, reliability and stability of the declared performance of a construction product, carry out sample testing of construction products placed or made available on the market, investigate, and, if necessary, keep a register of complaints, of non-conforming products and of product recalls, and shall keep distributors informed of any such monitoring.

Importers who consider or have reason to believe that a construction product which they have placed on the market is not in conformity with the declaration of performance or not in compliance with other applicable requirements in this Regulation, shall immediately take the necessary corrective measures to bring that construction product into conformity, or, where appropriate, to withdraw or recall it. Furthermore, where the product presents a risk, importers shall immediately inform F63a competent authority thereof, giving details, in particular, of the non-compliance and of any corrective measures taken.

Importers shall, for the period referred to in Article 11(2), keep a copy of the declaration of performance at the disposal of the market surveillance authorities and ensure that the technical documentation is made available to those authorities, upon request.

Importers shall, further to a reasoned request from a competent F64... authority, provide it with all the information and documentation necessary to demonstrate the conformity of the construction product with the declaration of performance and compliance with other applicable requirements in this Regulation, in F65English. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by construction products which they have placed on the market.

When making a construction product available on the market, distributors shall act with due care in relation to the requirements of this Regulation.

Before making a construction product available on the market distributors shall ensure that the product, where required, bears the F66UK marking and is accompanied by the documents required under this Regulation and by instructions and safety information in F67English. Distributors shall also ensure that the manufacturer and the importer have complied with the requirements set out in Article 11(4) and (5) and Article 13(3) respectively.

Where a distributor considers or has reason to believe that a construction product is not in conformity with the declaration of performance or not in compliance with other applicable requirements in this Regulation, the distributor shall not make the product available on the market until it conforms to the accompanying declaration of performance and it complies with the other applicable requirements in this Regulation or until the declaration of performance is corrected. Furthermore, where the product presents a risk, the distributor shall inform the manufacturer or the importer thereof, and the market surveillance authorities.

A distributor shall ensure that, while a construction product is under his responsibility, storage or transport conditions do not jeopardise its conformity with the declaration of performance and compliance with other applicable requirements in this Regulation.

Distributors who consider or have reason to believe that a construction product which they have made available on the market is not in conformity with the declaration of performance or not in compliance with other applicable requirements in this Regulation, shall make sure that the corrective measures necessary to bring that product in conformity, to withdraw it or recall it, as appropriate, are taken. Furthermore, where the product presents a risk, distributors shall immediately inform F68a competent authority thereof, giving details, in particular, of the non-compliance and of any corrective measures taken.

Distributors shall, further to a reasoned request from a competent F69... authority, provide it with all the information and documentation necessary to demonstrate the conformity of the construction product with the declaration of performance and compliance with other applicable requirements in this Regulation in F70English. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by construction products which they have made available on the market.

A recognised standardisation body may submit a proposal to develop a standard for the purposes of this Regulation to the Secretary of State.

The Secretary of State may issue a standardisation mandate to a recognised standardisation body which is, or is not, based on a proposal submitted under paragraph 1.

Where the standardisation mandate is based on a proposal submitted under paragraph 1, the mandate must be issued to the body who submitted the proposal.

When developing a standard in response to a standardisation mandate, a recognised standardisation body must consult with such persons as it considers appropriate on the content of the standard.

Before designating a standard under paragraph 1, the Secretary of State must have regard to whether the standard is consistent with any F76, or any other, standards adopted by international standardising bodies which the Secretary of State considers to be relevant.

The Secretary of State is to designate a standard under paragraph 1 by publishing the reference to the standard and maintaining that publication in such manner as the Secretary of State considers appropriate.

Where the standard is a harmonised standard, the published reference may be the reference to a British standard transposing the harmonised standard.

The Secretary of State may change the date of the beginning or end of the coexistence period for a designated standard to a later date by publishing the revised date in such manner as the Secretary of State considers appropriate.

When considering whether the manner of publication of a reference or a revised date is appropriate, the Secretary of State must have regard to whether the publication will draw the standard or the revised date to the attention of any persons who may have an interest in it.

Without prejudice to Articles 36 to 38, from the date of the end of the coexistence period, the designated standard is to be the only means used for drawing up a declaration of performance for a construction product covered by it.

At the end of the coexistence period, any other national standards are to be treated as invalid to the extent that they are inconsistent with the designated standard.

In this Article “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

Where the Secretary of State considers that a designated standard is no longer appropriate, the Secretary of State may, after consulting with such persons as the Secretary of State considers appropriate, decide to maintain, maintain with restriction or withdraw the reference to the designated standard.

Where the standard was prepared by a recognised standardisation body in response to a standardisation mandate, the Secretary of State must inform the recognised standardisation body of the decision under paragraph 1 and may request the revision of the standard.

The duty in paragraph (1) applies only to TABs that are established in the United Kingdom.

The procedure for adopting the F83UK Assessment Document shall respect the principles set out in Article 20 and shall comply with Article 21 and Annex II.

The F84Secretary of State may F85make regulations in accordance with Article 60 to amend Annex II and establish supplementary procedural rules for the development and adoption of a F86UK Assessment Document.

The Secretary of State may use a UK Assessment Document as a basis for a standardisation mandate with a view to developing a standard for a product referred to in paragraph 1 of this Article.

The TABs shall F91... bear the full costs of the development and adoption of F92UK Assessment Documents.

A TAB may use a pre-exit European Assessment Document as a UK Assessment Document provided it has obtained any necessary consent to do so from the organisation of TABs established under the EU Construction Products Regulation.

Paragraph (1)(a) and (1)(c) apply only to TABs that are established in the United Kingdom.

In the cases referred to in points (b) and (c) of paragraph 1, the F100responsible TAB shall inform F101... the F102Secretary of State of the content of the request and of the reference to a relevant F102Secretary of State decision for assessment and verification of constancy of performance, which the TAB intends to apply for that product, or of the lack of such a F102Secretary of State decision.

If the F103Secretary of State considers that an appropriate decision for assessment and verification of constancy of performance does not exist for the construction product, Article 28 shall apply.

When a responsible TAB adopts a UK Assessment Document, it must send a copy of the document to the Secretary of State.

Subject to Article 25(1), the Secretary of State must publish a list of references of the final UK Assessment Documents in such manner as the Secretary of State considers appropriate to bring the documents to the attention of persons who may have interest in them.

The Secretary of State must publish any changes to the list.

A F109UK Assessment Document shall contain, at least, a general description of the construction product, the list of essential characteristics, relevant for the intended use of the product as foreseen by the manufacturer and agreed between the manufacturer and the F110responsible TAB, as well as the methods and criteria for assessing the performance of the product in relation to those essential characteristics.

Principles for the applicable factory production control to be applied shall be set out in the F111UK Assessment Document, taking into account the conditions of the manufacturing process of the construction product concerned.

Where the performance of some of the essential characteristics of the product can appropriately be assessed with methods and criteria already established in other harmonised technical specifications F112... , those existing methods and criteria shall be incorporated as parts of the F113UK Assessment Document.

Where the performance of some of the essential characteristics of the product can appropriately be assessed with methods and criteria already established in pre-exit European Assessment Documents, or used in accordance with Article 9 of Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products before 1 July 2013 in the context of issuing European technical approvals, those existing methods and criteria may, subject to any necessary consent from the organisation of TABs established under the EU Construction Products Regulation, be incorporated as parts of the UK Assessment Document.

Where the Secretary of State considers that a UK Assessment Document does not satisfy the demands to be met in relation to the basic requirements for construction works set out in Annex 1, the Secretary of State must decide, after consulting the responsible TAB, any other relevant TABs, and such other persons as the Secretary of State considers appropriate, to publish, not to publish, to publish with restriction, to maintain, to maintain with restriction or to withdraw the reference to the UK Assessment Document.

The Secretary of State must inform the responsible TAB and any other relevant TABs of the decision under paragraph 1 and may request the revision of the UK Assessment Document concerned.

The F117UK Technical Assessment shall be issued by a TAB, at the request of a manufacturer on the basis of a F117UK Assessment Document established in accordance with the procedures set out in Article 21 and Annex II.

Provided that there is a F117UK Assessment Document, a F117UK Technical Assessment may be issued even in the case where a F118standardisation mandate for a F119designated standard has been issued. Such issuing shall be possible until the beginning of the coexistence period as determined F120... in accordance with F121Article 18B.

The F122UK Technical Assessment shall include the performance to be declared, by levels or classes, or in a description, of those essential characteristics agreed by the manufacturer and the F123responsible TAB for the declared intended use, and technical details necessary for the implementation of the system of assessment and verification of constancy of performance.

The Secretary of State must make regulations to establish the format of the UK Technical Assessment.

The Secretary of State may make regulations, in accordance with Article 60, to establish classes of performance in relation to the essential characteristics of construction products.

Where the Secretary of State has established classes of performance in relation to the essential characteristics of construction products, a recognised standardisation body must use those classes in a standard prepared under Article 18A. A responsible TAB must where relevant use those classes in UK Assessment Documents.

Where classes of performance in relation to the essential characteristics of construction products are not established by the Secretary of State, they may be established by a recognised standardisation body in a standard prepared under Article 18A, on the basis of a revised standardisation mandate.

When provided for in the relevant standardisation mandate, a recognised standardisation body must establish in a standard prepared under Article 18A threshold levels in relation to essential characteristics and, when appropriate, for intended uses, to be fulfilled by construction products in Great Britain.

Where a recognised standardisation body has established classes of performance in a designated standard or a European standardisation body has established such classes in a harmonised standard which is a designated standard, a responsible TAB must use those classes in the UK Assessment Documents where they are relevant for the construction product.

When deemed appropriate, a responsible TAB may, with the agreement of the Secretary of State and after consulting such persons as it considers appropriate, establish in the UK Assessment Document classes of performance and threshold levels in relation to the essential characteristics of a construction product within its intended use as foreseen by the manufacturer.

The Secretary of State may make regulations, in accordance with Article 60, to establish conditions under which a construction product is to be deemed to satisfy a certain level or class of performance without testing or without further testing.

Where such conditions are not established by the Secretary of State, they may be established by a recognised standardisation body in a standard prepared under Article 18A, on the basis of a revised standardisation mandate.

When the Secretary of State has established classification systems in accordance with paragraph 1, any person may determine the levels or classes of performance to be respected by construction products in relation to their essential characteristics only in accordance with those classification systems.

A recognised standardisation body and a responsible TAB must respect the regulatory needs of Great Britain when determining threshold levels or classes of performance.

Assessment and verification of constancy of performance of construction products in relation to their essential characteristics shall be carried out in accordance with one of the systems set out in Annex V.

By means of F126regulations in accordance with Article 60, the F127Secretary of State may establish and may revise, taking into account in particular the effect on the health and safety of people, and on the environment, which system or systems are applicable to a given construction product or family of construction products or a given essential characteristic. F128...

The F129Secretary of State shall choose the least onerous system or systems consistent with the fulfilment of all basic requirements for construction works.

The system or systems thus determined shall be indicated in the F130standardisation mandates, standards prepared under Article 18A, and UK Assessment Documents.

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

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

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

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.

A TAB shall carry out the assessment and issue the F133UK 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.

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

Where a TAB no longer complies with the requirements referred to in paragraph 1, the F136Secretary of State shall withdraw the designation of that TAB for the relevant product area F137...

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.

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.

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.

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

If the construction product referred to in paragraph 1 belongs to a family of construction products for which the applicable system for assessment and verification of constancy of performance is system 1 + or 1, as set out in Annex V, the Appropriate Technical Documentation referred to in paragraph 1 shall be verified by F143an approved product certification body as referred to in Annex V.

In relation to construction products covered by a F145designated standard and which are individually manufactured or custom-made in a non-series process in response to a specific order, and which are installed in a single identified construction work, the performance assessment part of the applicable system, as set out in Annex V, may be replaced by the manufacturer by Specific Technical Documentation demonstrating compliance of that product with the applicable requirements and equivalence of the procedures used to the procedures laid down in the F145designated standards.

If the construction product referred to in paragraph 1 belongs to a family of construction products for which the applicable system for assessment and verification of constancy of performance is system 1 + or 1, as set out in Annex V, the Specific Technical Documentation shall be verified by F146an approved product certification body as referred to in Annex V.

Paragraph 1 has effect subject to Article 50(1) (restriction, suspension or withdrawal of approval).

F151The Secretary of State shall be responsible for setting up and carrying out the necessary procedures for the assessment and F152approval of the bodies to be authorised to carry out third-party tasks in the process of assessment and verification of constancy of performance for the purposes of this Regulation, and for the monitoring of F153approved bodies, including their compliance with Article 43.

F154The Secretary of State may decide that the assessment and monitoring referred to in paragraph 1 shall be carried out by F155the UK national accreditation body.

The F157Secretary of State shall take full responsibility for the tasks performed by the body referred to in paragraph 3.

F161An approved body shall meet the requirements set out in paragraphs 2 to 11.

F163An approved body shall be a third-party body independent from the organisation or the construction product it assesses.

A body belonging to a business association or professional federation representing undertakings involved in the design, manufacturing, provision, assembly, use or maintenance of construction products which it assesses, can on condition that its independence and the absence of any conflict of interest are demonstrated, be considered to be such a body.

F163An approved body, its top-level management and the personnel responsible for carrying out the third party tasks in the process of assessment and verification of constancy of performance shall not be the designer, manufacturer, supplier, installer, purchaser, owner, user or maintainer of the construction products which it assesses, nor the authorised representative of any of those parties. This shall not preclude the use of assessed products that are necessary for the operations of the F164approved body or the use of products for personal purposes.

F163An approved body, its top-level management and the personnel responsible for carrying out the third party tasks in the process of assessment and verification of constancy of performance shall not become directly involved in the design, manufacture or construction, marketing, installation, use or maintenance of those construction products, nor represent the parties engaged in those activities. They shall not engage in any activity that may conflict with their independence of judgement and integrity related to the activities for which they have been F164approved. This shall, in particular, apply to consultancy services.

F163An approved body shall ensure that activities of its subsidiaries or subcontractors do not affect the confidentiality, objectivity and impartiality of its assessment and/or verification activities.

F163An approved body and its personnel shall carry out the third party tasks in the process of assessment and verification of constancy of performance with the highest degree of professional integrity and requisite technical competence in the specific field and must be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of their assessment and/or verification activities, especially from persons or groups of persons with an interest in the results of those activities.

The impartiality of the F167approved body, its top-level management and assessment personnel shall be guaranteed.

The remuneration of the F167approved body’s top-level management and assessment personnel shall not depend on the number of assessments carried out or on the results of such assessments.

An approved body must have adequate liability insurance in respect of its activities.

The personnel of the F169approved body shall be bound to observe professional secrecy with regard to all information gained in carrying out its tasks under Annex V, except in relation to F170a competent authority, the UK national accreditation body or any other body to which the Secretary of State delegates or otherwise entrusts the monitoring of the approved body. Proprietary rights shall be protected.

F171An approved body shall participate in, or ensure that its assessment personnel is informed of, the relevant standardisation activities and the activities of the F172approved body coordination group established under this Regulation and shall apply as general guidance the administrative decisions and documents produced as a work result of that group.

Where F177an approved body subcontracts specific tasks connected with the third party tasks in the process of assessment and verification of constancy of performance or has recourse to a subsidiary, it shall ensure that the subcontractor or the subsidiary meets the requirements set out in Article 43, and shall inform the F178Secretary of State accordingly.

The F179approved body shall take full responsibility for the tasks performed by subcontractors or subsidiaries wherever these are established.

Activities may be subcontracted or carried out by a subsidiary only with the agreement of the client.

The F180approved body shall keep at the disposal of the F181Secretary of State the relevant documents concerning the assessment of the qualifications of any subcontractor or the subsidiary and the tasks carried out by such parties under Annex V.

On request of the manufacturer and where justified by technical, economic or logistic reasons, F183approved bodies may decide to carry out the tests referred to in Annex V, for the systems of assessment and verification of constancy of performance 1+, 1 and 3 or have such tests carried out under their supervision, either in the manufacturing plants using the test equipments of the internal laboratory of the manufacturer or, with the prior consent of the manufacturer, in an external laboratory, using the test equipments of that laboratory.

F183Approved bodies carrying out such tests shall be specifically designated as competent to work away from their own accredited test facilities.

A body to be authorised to carry out third party tasks in the process of assessment and verification of constancy of performance shall submit an application for F185approval to the F186Secretary of State.

The application shall be accompanied by a description of the activities to be performed, the assessment and/or verification procedures for which the body claims to be competent, an accreditation certificate, where one exists, issued by the F187UK national accreditation body F188... , attesting that the body meets the requirements laid down in Article 43.

Where the body concerned cannot provide an accreditation certificate, it shall provide the F189Secretary of State with all documentary evidence necessary for the verification, recognition and regular monitoring of its compliance with the requirements laid down in Article 43.

F191The Secretary of State may F192approve only bodies which have satisfied the requirements laid down in Article 43.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The F194approval shall include full details of the functions to be performed, reference to the relevant harmonised technical specification and, for the purposes of the system set out in Annex V, the essential characteristics for which the body is competent.

However, reference to the relevant harmonised technical specification is not required in the cases set out in point 3 of Annex V.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The F197Secretary of State shall assign an identification number to each F198approved body.

It shall assign a single such number even where the body is F198approved under several F199relevant enactments.

The F200Secretary of State shall make publicly available the list of F201approved bodies, including the identification numbers that have been allocated to them and the activities for which they have been F202approved.

The F203Secretary of State shall ensure that this list is kept up-to-date.

The Secretary of State may authorise the UK national accreditation body to compile and maintain the list referred to in paragraph 2.

Where the Secretary of State considers that an approved body no longer meets the requirements in Article 43, or that it is failing to fulfil its obligations, the Secretary of State must restrict, suspend or withdraw the approval as appropriate, depending on the seriousness of the failure to meet those requirements or to fulfil those obligations.

In the event of withdrawal, restriction or suspension of approval or where the approved body has ceased its activity, the Secretary of State must take the appropriate steps to ensure that the files of that body are either processed by another approved body or kept available for the Secretary of State and other market surveillance authorities at their request.

F208Approved bodies shall carry out third party tasks in accordance with the systems of assessment and verification of constancy of performance provided for in Annex V.

Assessments and verifications of constancy of performance shall be carried out with transparency as regards the manufacturer, and in a proportionate manner, avoiding an unnecessary burden for economic operators. The F209approved bodies shall perform their activities taking due account of the size of the undertaking, the sector in which the undertaking operates, its structure, the degree of complexity of the product technology in question and the mass or serial nature of the production process.

In so doing, the F209approved bodies shall nevertheless respect the degree of rigour required for the product by this Regulation and the part played by the product for the fulfilment of all basic requirements for construction works.

Where, in the course of the initial inspection of the manufacturing plant and of factory production control, F210an approved body finds that the manufacturer has not ensured the constancy of performance of the manufactured product, it shall require the manufacturer to take appropriate corrective measures and shall not issue a certificate.

Where, in the course of the monitoring activity aiming at the verification of the constancy of performance of the manufactured product, F211an approved body finds that a construction product no longer has the same performance to that of the product-type, it shall require the manufacturer to take appropriate corrective measures and shall suspend or withdraw its certificate if necessary.

Where corrective measures are not taken or do not have the required effect, the F212approved body shall restrict, suspend or withdraw any certificates, as appropriate.

F218Approved bodies shall provide the other bodies F218approved under this Regulation carrying out similar third party tasks in accordance with the systems of assessment and verification of constancy of performance and for construction products covered by the same harmonised technical specification with relevant information on issues relating to negative and, on request, positive results from these assessments and/or verifications.

The Secretary of State must establish a group of approved bodies to ensure appropriate coordination and cooperation between approved bodies.

Approved bodies must participate in the work of that group, directly or by means of designated representatives, or ensure that their representatives are informed of the work of the group.

Where the market surveillance authorities F223... have taken action pursuant to Article 20 of F224RAMS or where they have sufficient reason to believe that a construction product covered by a F225designated standard or for which a F226UK Technical Assessment has been issued does not achieve the declared performance and presents a risk for the fulfilment of the basic requirements for construction works covered by this Regulation, they shall carry out an evaluation in relation to the product concerned covering the respective requirements laid down by this Regulation. The relevant economic operators shall cooperate as necessary with the market surveillance authorities.

Where, in the course of that evaluation, the market surveillance authorities find that the construction product does not comply with the requirements laid down in this Regulation, they shall without delay require the relevant economic operator to take all appropriate corrective actions to bring the product into compliance with those requirements, notably with the declared performance, or to withdraw the product from the market, or recall it within a reasonable period, commensurate with the nature of the risk, as they may prescribe.

The market surveillance authorities shall inform the F227approved body accordingly, if F228an approved body is involved.

Article 21 of F229RAMS shall apply to the measures referred to in the second subparagraph of this paragraph.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Where the relevant economic operator, within the period referred to in the second subparagraph of paragraph 1, does not take adequate corrective action, the market surveillance authorities shall take all appropriate F231... measures to prohibit or restrict the making available of the construction product on the F231... market or to withdraw the construction product from that market or to recall it.

F232...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Where, having performed an evaluation pursuant to Article 56(1), F235a market surveillance authority finds that, although a construction product is in compliance with this Regulation, it presents a risk for the fulfilment of the basic requirements for construction works, to the health or safety of persons or to other aspects of public interest protection, it shall require the relevant economic operator to take all appropriate measures to ensure that the construction product concerned, when placed on the market, no longer presents that risk, to withdraw the construction product from the market or to recall it within a reasonable period, commensurate with the nature of the risk, which it may prescribe.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Where the non-compliance referred to in paragraph 1 continues, the F240market surveillance authority shall take all appropriate measures to restrict or prohibit the making available on the market of the construction product or ensure that it is recalled or withdrawn from the market.

Where the non-compliance referred to in paragraph 1 continues, the market surveillance authority must take all appropriate measures to restrict or prohibit the making available on the market of the construction product or ensure that it is recalled or withdrawn from the market.

Regulations under this Article or Article 26(3) are to be made by statutory instrument.

A statutory instrument containing regulations made under this Article or Article 26(3) is subject to annulment in pursuance of a resolution of either House of Parliament.

Directive 89/106/EEC is repealed.

References to the repealed Directive shall be construed as references to this Regulation.

Construction products which have been placed on the market in accordance with Directive 89/106/EEC before 1 July 2013 shall be deemed to comply with this Regulation.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .