Langbahn Team – Weltmeisterschaft

Draft:Construction Products Regulation 2024

2024/3110
TitleConstruction Product Regulation (CPR 2024)
Made byEuropean Council, European Parliament
Made underArticle 114
Journal referenceL 18/12/2024
History
Date made27 November 2024
Entry into force7 January 2025
Implementation date8 January 2026
Other legislation
ReplacesConstruction Products Regulation 2011


Regulation (EU) 2024/3110[1] (Construction Products Regulation 2024, or CPR 2024) of the European Parliament and of the Council is a regulation of 27 November 2024 establishing harmonised rules for the marketing of construction products. It replaces Regulation (EU) No. 305/2011. This EU regulation

  • improves the existing framework for the placing on the market of construction products,
  • defines the concept of harmonised zone which delimitates the competence of the European Union and Member States,
  • adapts the procedure to develop and make mandatory European standards setting out how construction products performance is assessed and declared,
  • introduces the possibility to establish product requirements at European level,
  • enhances and redefines the delivery of instructions for use and safety information,
  • implements environmental provisions related to construction products,
  • expands the rights and obligations of economic operators and online marketplaces,
  • improves the simplified procedures already available in Regulation (EU) No. 305/2011, and
  • provides more detailed rules in relation to third party validation, market surveillance authorities, voluntary CE marking and international cooperation.

Working plan

The development of standards under CPR 2024 is supported by a CPR Acquis Expert Group and follows a working plan. In line with the CPR 2011, the work is developed in the context of basic requirements for construction works. The new elements of the regulation are also implemented according to the priorities established in the working plan.

Performance, requirements and information

Performance harmonised standards remain as the main source of technical information as regards the declaration of performance of products. CPR 2024 offers the possibility to include product requirements not directly related to the performance of the product. This option is only applicable to products covered by performance harmonised standards. Those requirements are related functionality, safety and environmental aspects of the product. If the fulfilment of the requirement requires additional technical information, a voluntary harmonised standard providing presumption of conformity with the requirement may be developed. The regulation also includes detailed guidance about the delivery of general product information, instructions for use and safety information.

Harmonised zone

Products covered by a harmonised technical specification under CPR 2024 enter the harmonised zone. Member States cannot establish any additional rules to products to those established by the regulation as regards their placing on the market. Member States can establish criteria for the use of products while using the information provided by the manufacturer within the Regulation. They can ask for a minimum performance of an essential characteristic but not establish additional controls for product. Member States are obliged to communicate their regulatory needs to the Commission.

Declarations and markings

The regulation follows the basic principles of CE marking, but also requires the delivery of a declaration of performance and conformity for the products placed on the market. The CE marking is the only marking attesting the declared performance and conformity of the product. The concept of harmonised zone also requires additional restrictions to the markings to be provided. In practice, the assessment under the CPR cannot be replaced or complemented by other declaration or markings within the harmonised zone. The provision of information is complemented by establishing additional interoperability and accessibility requirements which will be integrated in the EU system for Digital Product Passports together with the Ecodesign for Sustainable Products Regulation and other European policies.

Economic operators

The provision for economic operators in CPR 2024 follows the traditional framework while adding some clarifications and improvements to facilitate market surveillance. These provisions include that all economic operators shall upon request share with competent authorities the information about the supply chain necessary to trace components causing non-compliance of product. CPR 2024 offers more detailed definitions of economic operators and their obligations and provides a mutual control mechanism able to reduce the amount of non-compliant products reaching the market. The regulation addresses not only the obligations but also rights of economic operators to request data related to the raw materials, processes and components of the product form other actors when interacting in the value chain. In addition, it integrates additional provisions as regards online and distance sales to ensure that the mandatory information is displayed to consumers before the sale is concluded. The provisions for online marketplace are more specific considering their limited role as supporters of the purchase. CPR 2024 streamlines and reinforces simplified procedures already available in CPR 2011. The core of the system remains unchanged but offers an additional layer of control by requesting limited participation of notified bodies. In this way simplification is achieved without the risk of underrating products following these procedures.

Environmental obligations

The regulation integrates mandatory environmental performance declaration and fulfilment of environmental product requirements in the system following the same approach used for other characteristics of the product. The methodology is designed to facilitate the assessment of the sustainability of the construction works. The Commission can introduce additional obligations related to the environmental aspects of the product through delegated acts in following cases:

  • To prevent premature obsolescence due to the lack of availability of non-commonly available spare parts, manufacturers may be requested to offer them for a period of 10 years or longer.
  • To facilitate decision making, manufacturers may be required to provide environmental labels for consumer products for which installation does not have a big impact on its environmental performance.
  • To ensure Green Public Procurement (GPP) reach a minimum level, minimum environmental sustainability performance for construction products may be defined to be mandatorily used in public contracts requiring this kind of product information as part of the tender specifications.

Voluntary CE marking (EOTA route)

Manufacturers of products outside the harmonised zone can opt for so called EOTA route to issue declaration of performance and conformity and CE mark the product based on European Technical Assessment (ETA) issued by a Technical Assessment Body (TAB). The manufacturer can apply for a ETA when the existing harmonised technical specifications do not cover the product. In case a European Assessment Document (EAD) is already available the issuance of the ETA is possible. In case it is not covered by any existing EAD, it can be developed and adopted by EOTA if the product is effectively outside the harmonised zone.

Digital Product Passport (DPP)

In line with the ESPR[2] and other product legislation, CPR 2024 integrates a system to provide DPP including all relevant information related to construction products. The obligation of manufacturer to provide a DPP will only take place after the adoption of a delegated act establishing the system. Implementation will follow the ESPR but will establish specific rules related to construction such as compatibility with Building information modeling (BIM) and other specific needs for construction such as installation instructions, recycling, etc.

Transitional provisions

CPR 2011 and all standards cited under it remain into force until they are replaced by new standards under CPR 2024 or repealed or by 2040. The new regulation only applies to products harmonised under it or following the EOTA route also under the new provisions. Both regulations will coexist from the date of application of the new CPR to 8 January 2040.

References