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Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC Text with EEA relevance

Type Regulation
Publication 2011-04-04
Last updated 2026-05-29
State In force
Department Council of the European Union, European Parliament
Source EUR-Lex
articles 37
Reform history JSON API
Point of the model Instruction
Number of the declaration of performance This is the reference number of the declaration of performance foreseen in Article 9(2) of Regulation (EU) No 305/2011. The choice of the number is left to the manufacturer. This number may be the same as the unique identification code of the product-type indicated under point 1 of the model.
Point 1 Indicate the unique identification code of the product-type referred to in Article 6(2)(a) of Regulation (EU) No 305/2011. In Article 9(2) of Regulation (EU) No 305/2011, the unique identification code determined by the manufacturer to follow the CE marking is linked to the product-type and thus to the set of performance levels or classes of a construction product, as brought forward in the declaration of performance drawn up for it. Moreover, for the recipients of construction products, in particular for their final end users, it is necessary to be able to unequivocally identify this set of performance levels or classes for any given product. Therefore, every construction product, for which a declaration of performance has been drawn up, should be linked by its manufacturer to the respective product-type and a given set of performance levels or classes by the unique identification code, which acts also as the reference mentioned in Article 6(2)(a) of Regulation (EU) No 305/2011.
Point 2 Indicate the intended use, or list the intended uses, as appropriate, of the construction product as foreseen by the manufacturer, in accordance with the applicable harmonised technical specification.
Point 3 Indicate the name, the registered trade name or registered trade mark and the contact address of the manufacturer, as required pursuant to Article 11(5) of Regulation (EU) No 305/2011.
Point 4 This point shall be included and filled in only in case an authorised representative has been designated. In such case, indicate the name and the contact address of the authorised representative whose mandate covers the tasks specified in Article 12(2) of Regulation (EU) No 305/2011.
Point 5 Indicate the number of the applicable system or systems of assessment and verification of constancy of performance (AVCP) of the construction product as set out in Annex V to Regulation (EU) No 305/2011. If there are multiple systems, each of them shall be declared.
Points 6a and 6b Since a manufacturer can draw up a declaration of performance based on either a harmonised standard or a European Technical Assessment issued for the product, these two different situations presented under points 6a and 6b should be treated as alternative, with only one of them to be applied and filled in in a declaration of performance. In case of point 6a, i.e. when a declaration of performance is based on a harmonised standard, indicate all the following: (a) the reference number of the harmonised standard and its date of issue (dated reference); and (b) the identification number of the notified body/ies. When providing the name of the notified body/ies, it is essential that the name is provided in its original language, without translation to other languages. In case of point 6b, i.e. when a declaration of performance is based on a European Technical Assessment issued for the product, indicate all the following: (a) the number of the European Assessment Document and its date of issue; (b) the number of the European Technical Assessment and its date of issue; (c) the name of the Technical Assessment Body; and (d) the identification number of the notified body/ies.
Point 7 Under this point, the declaration of performance shall indicate: (a) the list of essential characteristics, as determined in the harmonised technical specifications for the intended use or uses indicated under point 2; and (b) for each essential characteristic, the declared performance, by level or class, or in a description, in relation to this characteristic or, for characteristics for which no performance is declared, the letters ‘NPD’ (No Performance Determined). This point may be filled up with the use of a table which brings forward the links between the harmonised technical specifications and the systems of assessment and verification of constancy of performance applied respectively to each essential characteristic of the product, as well as the performance in relation to each essential characteristic. The performance shall be declared in a clear and explicit manner. Therefore, the performance cannot be described in the declaration of performance solely by inserting a calculation formula to be applied by the recipients. Furthermore, the levels or classes of performance presented in reference documents shall be reproduced in the declaration of performance itself and thus cannot be expressed solely by inserting references to these documents into the declaration of performance. However, the performance notably of structural behaviour of a construction product may be expressed by referring to the respective production documentation or structural design calculations. In this case, the relevant documents shall be attached to the declaration of performance.
Point 8 This point shall only be included and filled in in a declaration of performance if Appropriate Technical Documentation and/or Specific Technical Documentation has been used, in accordance with Articles 36 to 38 of Regulation (EU) No 305/2011, in order to indicate the requirements with which the product complies. In such a case, under this point the declaration of performance shall indicate: (a) the reference number of the Specific and/or Appropriate Technical Documentation used, and (b) the requirements with which the product complies.
Signature Replace the spaces indicated between square brackets by the information indicated and the signature.

ANNEX V

ASSESSMENT AND VERIFICATION OF CONSTANCY OF PERFORMANCE

1. SYSTEMS OF ASSESSMENT AND VERIFICATION OF CONSTANCY OF PERFORMANCE

The manufacturer shall draw up the declaration of performance and determine the product-type on the basis of the assessments and verifications of constancy of performance carried out under the following systems:

1.1.   System 1+

  • (a) The manufacturer shall carry out:
  • (i) factory production control;
  • (ii) further testing of samples taken at the manufacturing plant by the manufacturer in accordance with the prescribed test plan.
  • (b) The notified product certification body shall decide on the issuing, restriction, suspension or withdrawal of the certificate of constancy of performance of the construction product on the basis of the outcome of the following assessments and verifications carried out by that body:
  • (i) an assessment of the performance of the construction product carried out on the basis of testing (including sampling), calculation, tabulated values or descriptive documentation of the product;
  • (ii) initial inspection of the manufacturing plant and of factory production control;
  • (iii) continuing surveillance, assessment and evaluation of factory production control;
  • (iv) audit — testing of samples taken by the notified product certification body at the manufacturing plant or at the manufacturer's storage facilities.

1.2.   System 1

  • (a) The manufacturer shall carry out:
  • (i) factory production control;
  • (ii) further testing of samples taken at the manufacturing plant by the manufacturer in accordance with the prescribed test plan.
  • (b) The notified product certification body shall decide on the issuing, restriction, suspension or withdrawal of the certificate of constancy of performance of the construction product on the basis of the outcome of the following assessments and verifications carried out by that body:
  • (i) an assessment of the performance of the construction product carried out on the basis of testing (including sampling), calculation, tabulated values or descriptive documentation of the product;
  • (ii) initial inspection of the manufacturing plant and of factory production control;
  • (iii) continuing surveillance, assessment and evaluation of factory production control.

1.3.   System 2+

  • (a) The manufacturer shall carry out:
  • (i) an assessment of the performance of the construction product on the basis of testing (including sampling), calculation, tabulated values or descriptive documentation of that product;
  • (ii) factory production control;
  • (iii) testing of samples taken at the manufacturing plant by the manufacturer in accordance with the prescribed test plan.
  • (b) The notified factory production control certification body shall decide on the issuing, restriction, suspension or withdrawal of the certificate of conformity of the factory production control on the basis of the outcome of the following assessments and verifications carried out by that body:
  • (i) initial inspection of the manufacturing plant and of factory production control;
  • (ii) continuing surveillance, assessment and evaluation of factory production control.

1.4.   System 3

  • (a) The manufacturer shall carry out factory production control.
  • (b) The notified laboratory shall assess the performance on the basis of testing (based on sampling carried out by the manufacturer), calculation, tabulated values or descriptive documentation of the construction product.

1.4a.   System 3+

  • (a) The manufacturer shall carry out:
  • (i) the assessment of the performance of the product on the basis of data collection for input values, assumptions and modelling;
  • (ii) factory production control.
  • (b) The notified assessment validation body shall decide on the issuing, restriction, suspension or withdrawal of the validation report of constancy of performance of the construction product on the basis of the outcome of the following assessments and verifications carried out by that body:
  • (i) validation of the input values, assumptions made and compliance with applicable generic or product category specific rules;
  • (ii) validation of the manufacturer’s assessment;
  • (iii) validation of the process applied to generate that assessment;
  • (iv) validation of the correct usage of software appropriate for the assessment;
  • (v) initial inspection of the manufacturing plant to validate any company-specific data.

1.5.   System 4

  • (a) The manufacturer shall carry out:
  • (i) an assessment of the performance of the construction product on the basis of testing, calculation, tabulated values or descriptive documentation of that product;
  • (ii) factory production control.
  • (b) No tasks require the intervention of notified bodies.

1.6.   Construction products for which a European Technical Assessment has been issued

Notified bodies undertaking tasks under Systems 1+, 1, 3 and 3+ as well as manufacturers undertaking tasks under Systems 2+ and 4 shall consider the European Technical Assessment issued for the construction product in question as the assessment of the performance of that product. Notified bodies and manufacturers shall therefore not undertake the tasks referred to in points 1.1.(b)(i), 1.2.(b)(i), 1.3.(a)(i), 1.4.(b), 1.4a.(a)(i) and 1.5.(a)(i) respectively.

2. BODIES INVOLVED IN THE ASSESSMENT AND VERIFICATION OF CONSTANCY OF PERFORMANCE

With respect to the function of notified bodies involved in the assessment and verification of constancy of performance for construction products, distinction shall be made between:

  • (1) product certification body: a body notified, in accordance with Chapter VII, to carry out constancy of performance certification;
  • (2) factory production control certification body: a body notified, in accordance with Chapter VII, to carry out factory production control certification;
  • (3) laboratory: a body notified, in accordance with Chapter VII, to measure, examine, test, calculate or otherwise assess the performance of construction products;
  • (4) assessment validation body: a body notified, in accordance with Chapter VII, to validate the assessment of the performance of construction products.

3. HORIZONTAL NOTIFICATIONS: CASES OF ESSENTIAL CHARACTERISTICS WHERE REFERENCE TO A RELEVANT HARMONISED TECHNICAL SPECIFICATION IS NOT REQUIRED

    1. Reaction to fire
    1. Resistance to fire
    1. External fire performance
    1. Acoustic performance
    1. Emissions of dangerous substances.
    1. Environmental sustainability.

[^E0001]: OJ L 124, 20.5.2003, p. 36.

[^E0002]: Regulation (EU) 2024/2747 of the European Parliament and of the Council of 9 October 2024 establishing a framework of measures, related to an internal market emergency and to the resilience of the internal market and amending Council Regulation (EC) No 2679/98 (Internal Market Emergency and Resilience Act) (OJ L, 2024/2747, 8.11.2024, ELI: http://data.europa.eu/eli/reg/2024/2747/oj).

[^E0008]: Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12).

[^E0009]: Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).

[^E0010]: Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

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