For specific information on Structural Steelwork please see EN 1090 Structural steelwork
Summary
The EU Commission has updated the Construction Products Regulation (305/2011/EU) with the new Construction Products Regulation (EU) 2024/3110.
Regulation (EU) 2024/3110 was published in the EU Official Journal on 18 December 2024. This new Regulation takes a phased-in approach, with timelines as follows:
- 7thJanuary 2025: Entry into force of general articles relating to the development of new standards;
- 8thJanuary 2026: Most of the requirements come into force;
- 8thJanuary 2027: Penalty provisions and extra enforcement around environmental declarations commence;
- 8thJanuary 2040: Full repeal of the old CPR (305/2011/EU)
The fundamental principles are the same as the previous Construction Products Regulation (CPR) namely:
The Construction Products Regulation (EU) 2024/3110 represents a continued focus on the safety and other performance aspects of completed construction works and it lays down aspects to be considered for construction products. These aspects are the seven ‘Basic Works Requirements’ (which remain from the previous CPR), namely;
- Mechanical resistance and stability,
- Safety in case of fire,
- Hygiene health and environment,
- Safety and accessibility in use,
- Protection against noise,
- Energy economy including heat retention,
- Sustainable use of natural resources.
The Regulation permits exceptions for compliance, notably certain bespoke products, which are not manufactured in series.
Post Brexit, the UK introduced its own corresponding, regulatory framework for the manufacture and marketing of construction products destined for UK markets (i.e. UKCA marking). However, the UK continues to recognise CE marking for construction products but businesses must ensure compliance with both UK and EU standards when supplying products to the respective markets.
Citation
REGULATION (EU) No 2024/3110 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 November 2024 laying down harmonised rules for the marketing of construction products and repealing Regulation (EU) No 305/2011.
Published in the EU Official Journal on 18th December 2024.
Purpose
The new Regulation (EU) 2024/3110 aims to address some of the shortcomings of the old CPR and also the current needs of the construction sector.
The objectives of the regulation’s revision are to:
- Strengthen the internal market for construction products,
- Permit digitalisation and simplification of processes,
- Promote sustainability and the circular economy,
- Improve market surveillance and enforcement of rules,
- Adapt the construction sector to technological innovations,
- Develop standards in response to market needs.
Changes to the Approach
The new Regulation (EU) 2024/3110 introduces some important innovations. The most important of these are:
- Integration of additional economic operators: Responsibilities are now being assigned to fulfilment service providers and online marketplace operators.
- Introduction of a Declaration of Performance and Conformity: The Declaration of Performance (DoP) is replaced by a Declaration of Performance and Conformity (DoPC). It includes characteristics relating to safety, environment and climate, in addition to characteristics relating to product performance.
- Introduction of the Digital Product Passport (DPP): The passport makes product information digitally available and makes it easier to update it.
- Introduction of performances regarding environmental sustainability: The new regulation focuses more on environmental performance. Manufacturers must provide information about the environmental impact of their products throughout their entire life cycle, including greenhouse gas emissions.
- Introduction of a formal, complaince mechanism for economic operators and consumers to report their concerns about construction products, especially for online marketplaces and fulfilment services.
- Taking into account modern construction methods and innovative materials (e.g. 3D printing) by adapting the regulatory framework accordingly.
- It now includes recycled and reused construction products, provided they are part of the standardisation request.
- A new Assessment and Verification System level (AVCP 3+) is introduced, generating a stricter system for verifying environmental sustainability, which involves EU-Notified Bodies for validation.
Compliance
As stated above, the Construction Products Regulation focuses on the safety and other performance aspects of products within completed construction works. It places legal obligations on manufacturers, importers and distributors to ensure that products made available for use in the EU are designed and manufactured in accordance with seven ‘Basic Works Requirements’.
Unlike other European directives, a manufacturer cannot provide a Declaration nor apply a CE mark directly against the CPR. Instead the manufacturer must use a ‘harmonised technical specification’ of which there are 2 kinds:
Unlike other European directives, a manufacturer must use a ‘harmonised technical specification’ in order to apply a CE mark against the CPR. There are two kinds of ‘harmonised technical specification’:
- Harmonised European Standards.
- European Technical Assessments
If there is a ‘Harmonised Standard’ applicable, for your products then the products must comply and be verified so that they meet the required standards before they can be marketed or sold on EU markets with the CE mark.
If there is no harmonised standard then the products may be verified voluntarily by way of a ‘European Technical Assessment’.
All harmonised specifications include an ‘Assessment and Verification of Constancy of Performance (AVCP) level’ which corresponds to the potential hazard associated with the product’s failure in service and also provides the degree of EU Notified Body involvement and scrutiny required. The new regulation introduces a new AVCP level 3+ therefore making six AVCP levels as follows:
AVCP 4; AVCP 3; AVCP3+; AVCP2+; AVCP 1; AVCP1+
These form a progressive scale, 4 being the least onerous and 1+ being the most onerous.
Regulation (EU) 2024/3110 introduces the new AVCP3+ as explained above.
Harmonised Standards
The ultimate objective of the CPR is to create harmonised standards for every construction product ‘permanently incorporated in the works’. So far, over four hundred and fifty have been fully harmonised, (i.e. their reference has been published in the Official Journal of the European Community (“the OJ”). A list of the Harmonised Standards related to the CPR can be found here:
https://ec.europa.eu/docsroom/documents/56834
The information relevant to CE marking and the declaration is always found in Annex ZA of each harmonised standard. Over time, these will need to be updated to be consistent with the new Regulation.
Note that the environmental characteristics, due to commence 8th January 2026 and be deployed over the following six years, will take effect from the publication of the harmonised technical specifications for the various construction products.
To date, the European Commission has not published any ‘harmonised technical specifications’ for environmental characteristics.
European Technical Assessments (ETAs)
The Regulation continues to allow the development of ETAs, which are bespoke technical specifications to a particular manufacturer and product type, particularly useful for innovative products or kits.
The bodies which issue ETAs are known as Technical Assessment Bodies (TABs). In order to draft a European Technical Assessment, a European Assessment Document (following a request by a manufacturer) is created first. This effectively sets out a consistent method of assessment that is agreed by all member states. EADs are published in the Official Journal Of the European Union, just like harmonised standards.
This route, although voluntary, has proved very popular, with over four hundred and fifty EADs and fifteen thousand ETAs issued to date. The changes aim to speed up the process and reduce cost to the manufacturer. Currently a list of issued ETAs can be found on the European Organisation of Technical Assessments (EOTA) website.
Factory Production Control Requirements
In addition to declaring technical performance against the basic works and environmental sustainability requirements and in order to comply with the Regulation, products must meet certain factory production-control requirements. The manufacturer must be able to demonstrate that their production methods will result in consistent products that match the declared performance.
Declaration Of Performance And Conformity
The new Regulation makes some changes to the way in which a manufacturer declares compliance. The manufacturer’s ‘declaration of performance’ (DoP), now becomes a ‘declaration of performance and conformity’ (DoPC). This is a similar document but must contain performance data in relation to the essential characteristics that now include environmental and climate considerations. It must be remembered that this is actually the most important legal document in relation to the product.
The DoPC must be ‘made available’ to the end user and the Regulation allows for this to be provided by electronic means, using the Digital Product Passport (DPP).
Criteria for declarations and the exact form of the CE mark are given in Annex ZA of the relevant harmonised technical specifications.
We remind you, and as previously, that businesses must ensure compliance with both UK and EU standards when supplying products to the respective markets.
Useful Links
There are a number of useful resources on the CPR on the internet. In particular:
The European Commission's EUROPA web site has a great deal of information in its Construction industry section:
The UK government page provides information on the CPR as required by the Regulation:
https://www.gov.uk/guidance/eu-construction-products-regulation-and-ce-marking-including-uk-product-contact-point-for-construction-products
Links to some bodies notified under the Directive / Regulation can be found on the Notified bodies page:
https://single-market-economy.ec.europa.eu/sectors/construction/construction-products-regulation-cpr_en
Further advice
As with all CE marking directives, the actual requirements for any product under the directives are complex and dependent on not only the product but also, the intended function within construction works. Product Declarations must support any claims made, or implied by commercial literature.
For further advice specific to your products, please contact us at Conformance and we will be pleased to discuss your needs.