CP Guidance Booklet PDF

Construction
Products
Construction Products
GUIDANCE BOOKLET
Compliance with the EU’s Construction Products Regulation

for manufacturers and importers
Standards • Technical Regulations • Accreditation • Metrology • Conformity Assessment • Market Surveillance

0. EXECUTIVE SUMMARY
The Construction Products Regulation (CPR) is the main EU legislation covering the
placing on the market of construction products in the European Union and EFTA
countries. The aim of this Guide is to assist manufacturers to follow the provisions
of the CPR and place their products in respective domestic markets, including guid-
ance for exporters of construction products from the Western Balkan countries. Al-
though this Guide is aimed mainly at manufacturers and exporters, it also provides
useful information for others in the supply chain, including importers, conformity
assessment bodies, market surveillance authorities and users/specifiers of con-
struction products.
The CPR does not work in the same way as other EU Single Market legislation, partic-
ularly because it does not assess the safety of products but, instead, it requires only
that the performance of products is declared. Responsibility for judging the suitabili-
ty of products therefore belongs to, in general, specifiers and users of such products.
The Introduction to this Guide explains these differences, which are important for
understanding the marketing needs of construction products.
The Guide then goes through all the stages that need to be followed by all
manufacturers and importers, namely:
• identifying the market for construction products;

• deciding whether the CPR applies to the product;
• applying other relevant legislation;
• finding the correct harmonised technical specification;
• preparing prior to applying the technical specification;
• seeking an appropriate conformity assessment body or bodies, when required;
• drawing up the declaration of performance and CE marking;
• maintaining product performance over time;
• dealing with market surveillance authorities.
The Guide covers all of the above issues in enough detail to allow readers to under-
stand what they need to do, using real examples whenever possible. It takes exam-
ples showing how to follow the provisions of harmonised European technical speci-
fications, but it does not go through all the provisions of any particular specification,
because of their number and the differences between each of them. When relevant,
it also guides readers to other sources of information recognising, however, that no
other single document covers everything. As such, this Guide represents one of the
most thorough presentations of the CPR.
6.
This Guide pays particular attention to what manufacturers have to do to trade in
the EEA. Consequently, it covers provisions and concepts such as notified bodies,
harmonised European Standards and CE marking, etc. Furthermore, Western Balkan
manufacturers are encouraged to start working towards the future CE marking sys-
tem. This includes things like: operating a factory production control system, apply-
ing a national standard (which might be a transposed European Standard) and using
any national regulatory or quality markings. This preparatory work may well have
immediate marketing advantages in the region, as well as making the transition to
the EU system, when it comes, much easier.
Most construction products are also covered by other EU legislation, in particular on

dangerous substances, while some products are also covered by functional legisla-
tion, such as the Machinery Directive, the Ecodesign Directive and the Low Voltage
Directive. This Guide identifies products covered by other legislation and, briefly, ex-
plains how manufacturers and importers can be compliant with it. Finally, although
the CPR entered fully into force in 2013, some aspects of its implementation have
not yet been fully agreed. In addition, the regulation is currently (April 2018) under-
going a review, with the possibility of it being revised. The Guide discusses some of
the issues likely to be covered during this review but cannot, of course, predict the
outcome. Anyone reading this guide, therefore, needs to ensure that they regularly
monitor relevant updates.
It is important to note that the CPR and CE marking are aimed primarily at the rela-
tionship between manufacturers, importer (if relevant) and market surveillance au-
thorities. They do not, directly, cover the relationship between manufacturer and cus-
tomer. The CE marking is a tool which allows products to be placed on the market
(offered for sale) within the EEA, on the basis that they have satisfied the regulatory
requirements imposed on them. It is not a tool which ensures that the product is one
which will satisfy the needs of the customer, and the customer (with some limita-
tions in the case of public procurement) has the right to request things (e.g. product
performance levels and third party certification) which go beyond the requirements
for CE marking.
7.
For this reason, the Guide discusses choices available to manufacturers within the
CE marking framework and not the area of customer satisfaction. This Guide does
not repeat, in general, text from the CPR itself but, rather, it explains the regulation. It
is assumed that any manufacturer wishing to obtain CE marking will obtain a copy
of the CPR and read it in parallel with this Guide.
The legal and guidance sources underlying this Guide are those listed in Section
9 “Other sources of information”. However, much of the content comes from the
practical experience of its authors, Dr Adam Pinney and Mrs Barbara Sorgato who,
between them, have something like 50 years’ experience in the construction and
construction products sectors. Dr Pinney and Mrs Sorgato work with the CPR on an
almost daily basis, have advised national governments, worked with the European
Commission, CEN and EOTA, have assisted manufacturers to apply the regulation
to their construction products and have worked with market surveillance authori-
ties. They have also provided many training seminars and conference presentations
on the subject. As a result of this, the Guide probably represents one of the most
comprehensive and authoritative sources of information related to the EU regulatory
requirements on construction products.
8.
CONTENTS
0. Executive summary.............................................................................................................. 6
I. Abbreviations..........................................................................................................................12
II. Introduction – What is the CPR, EU/305/2011.....................................................................13
II.1. General principles of CE marking.................................................................................13
II.2. Differences between the CPR and other legislation....................................................14
II.3. The link between products and regulatory requirements on construction works.........18
II.4. Some myths about the CE marking of construction products...................................20
III. Steps for manufacturers and importers................................................................................21
Section 1 – Step 1: Market identification...............................................................................23
1.1. The suitability of a product for a particular market....................................................23
1.2. Which products are covered by the CPR and which are not?.....................................23
1.3. Exemptions from the provisions of the regulation......................................................27
Section 2 – Step 2: Applying regulatory requirements..........................................................27
2.1. Identifying the relevant harmonised European Standard............................................27
2.1.1. Introduction............................................................................................................27
2.1.2. Product standards..................................................................................................28
2.1.3. Finding the relevant product standards................................................................30
2.2. The European Technical Assessment route................................................................31
2.3. Basic Works Requirement 7 and other applicable legislation....................................33
2.3.1. Basic Works Requirement 7..................................................................................33
2.3.2. Dangerous substances..........................................................................................33
9.
2.3.3. Electrical, electronic, mechanical and other products.........................................35
2.4. Responsibilities of different actors..............................................................................35
2.4.1. Introduction............................................................................................................35
2.4.2. Organisations acting as ‘manufacturer’................................................................36
2.4.3. Responsibilities and actions of CPR actors.........................................................36
Section 3 – Step 3: Preparatory work.....................................................................................38
3.1. Preparing the technical file...........................................................................................38
3.2. Identifying the Assessment and Verification of Constancy of Performance

system(s).......................................................................................................................39
3.2.1. Introduction............................................................................................................39
3.2.2. The AVCP systems in detail..................................................................................42
3.3. Selecting conformity assessment bodies...................................................................51
3.4. The notification process...............................................................................................54
Section 4 – Step 4: Applying the standard.............................................................................55
4.1. Selecting the characteristic(s) to be assessed...........................................................55
4.2. Applying the AVCP system...........................................................................................57
4.3. Simplified procedures of the CPR................................................................................59
4.4. Simplified procedures of standards.............................................................................63
Section 5 – Step 5: The Declaration of Performance (DoP) and CE marking......................63
5.1. Drawing up the DoP.......................................................................................................63
5.2. Supply of the DoP..........................................................................................................69
5.3. Drawing up and supplying CE marking........................................................................69
5.4. Other documentation....................................................................................................72
10.
Section 6 – Step 6: Maintaining performance........................................................................72
6.1. Factory production control...........................................................................................72
6.2. Ongoing AVCP activities...............................................................................................72
6.3. What to do when something changes.........................................................................74
Section 7 – Step 7: Dealing with market surveillance authorities.........................................76
7.1. Introduction....................................................................................................................76
7.2. Market surveillance activities.......................................................................................76
7.3. Market surveillance and manufacturers......................................................................77
7.4. The role and responsibility of manufacturers.............................................................78
Section 8 – The future of the CPR.............................................................................................78
8.1. Introduction....................................................................................................................78
8.2. The Construction Products Regulation........................................................................78
8.3. Harmonised European Standards................................................................................79
8.4. Other regulatory changes..............................................................................................81
Section 9 – Additional sources of information.........................................................................82
11.
I Abbreviations
The following abbreviations are used throughout this Guide. Other terms are ex-
plained where they appear in the text.
AVCP Assessment and Verification of Constancy of Performance
BWR Basic Works Requirement
European Committee for Standardization (one of 3 European

CEN
Standardization Organizations)
CPD Construction Products Directive 89/106/EEC
CPR Construction Products Regulation, EU/305/2011
DA Delegated Act
DoP Declaration of Performance
EAD European Assessment Document
EEA European Economic Area
EFTA European Free Trade Association
EMC Electromagnetic Compatibility Directive
ETA European Technical Assessment
EOTA European Organisation for Technical Assessment
EU European Union
hEN Harmonised European Standard
12.
Compliance with the EU’s Construction Products
Regulation for manufacturers and importers
LVD Low Voltage Directive
MD Machinery Directive
NB Notified Body
NCP National Contact Point
NPCB Notified Product Certification Body
PTD Product-type determination
Registration, Evaluation, Authorisation and Restriction of

REACH
Chemicals Regulation
TAB Technical Assessment Body
II Introduction – What is the CPR, EU/305/2011
II.1. General principles of CE marking
From 1 July 2013, under the Construction Products Regulation (CPR), it became
mandatory for manufacturers to apply CE marking to any of their products covered
by a harmonised European standard (hEN) or a European Technical Assessment
(ETA, but see also 2.2) below).
The CE marking, as a general regulatory compliance mark, usually asks and answers
the question “Is this product safe?”. Seeing the CE marking on an electrical product,
for example, gives a presumption – but not always a proof – that the product is a safe
one. ‘Safety’ in this context means that the product complies with those aspects of
its performance which are subject to regulatory (legal) requirements. There may be
limits on the product safety (e.g. some personal protective equipment provides pro-
tection only against some risks), but it is then judged to be safe within these limits.
The CE marking on a construction product, on the other hand, makes no judgement

about the ‘safety’ of the product. Instead, the CE marking is accompanied by a se-
ries of performance values against different characteristics and, in this case, the CE
13.
marking gives a presumption that the declared performance is correct. Whether the
product is suitable for use in a particular construction works is therefore something
to be decided at a later stage, e.g. by the user of the product. As such, CE marking
of construction products is different to general CE marking and thus operates differ-
ently from the other EU legislation.
A few other general principles merit explanation. Firstly, the CE marking is not a mark
of quality (high quality), it is a mark of conformity. Secondly, the CE marking covers
primarily the relationship between manufacturer and market surveillance authority,
i.e. it demonstrates that the product may be legally placed on the market. It does not
generally cover the relationship between manufacturer and user of the product, but
it does require that the DoP and CE marking are passed on to the next economic op-
erator in the supply chain. The CE marking, though, may provide useful information
for the user, but the user may well require more information than is given with the
CE marking, such as the cost, a guarantee and some sort of after-sales service, but
these are ‘marketing’ aspects which are not covered by the CE marking at all.
II.2. Differences between the CPR and other legislation
The EU regulatory system for products in general has two basic aims:
• to provide a high level of protection to citizens, animals and the environment; and
• for all products to circulate freely within the EEA (free trade).
Protection of citizens is provided by mandatory regulatory provisions, which cov-
er aspects of ‘public interest’. Regulations therefore cover aspects such as health,
safety and environmental protection, but they do not cover aspects such as quality
or cost, because these are ‘market’ issues rather than regulatory issues.
Single Market product legislation apart from the CPR sets requirements (essential
requirements or essential characteristics) directly on products. An example, for elec-
trical products, from the LVD, is:
“The insulation must be suitable for foreseeable conditions”.
This, and all other essential requirements, apply equally and identically throughout
the EEA, which means that the regulatory system is also identical throughout the
EEA. All products placed on the EEA market have to satisfy all essential require-
ments which apply to them, but they can do this by one of two ways: they may com-
ply directly with the requirements (e.g. the manufacturer could, by risk assessment
and design, demonstrate that his product meets the requirement for suitable insula-
tion), or they may comply with a harmonised European Standard.
14.
As a result of this choice, European Standards remain voluntary, although many

manufacturers follow them because usually they are the easiest way to show sat-
isfaction of the essential requirements. Because the regulatory system is identical,
a product which is shown to meet the essential requirements (which can be done
anywhere in the world), and which bears the CE marking to show this, also meets the
essential requirements throughout the EEA, without the need for any further testing
or assessment.
EU legislation usually introduces one or more attestation of conformity systems,

i.e. who is involved in the process of determining conformity. The manufacturer is
always involved, but one or more third parties may also be involved. Often a choice
of different systems is given, but once the manufacturer chooses the system, that
system applies to all aspects of product performance.
The construction industry, and the CPR, do not, however, work in the same way. First-
ly, Member States regulate on construction works (buildings and civil engineering
works), not on individual products. Secondly, the scope and extent of regulations
vary from one country to another, and the following pictures show why:
These three typical house designs from around the EU show how different they are
from each other, not only in design but also in the products used. The regulatory re-
quirements might also differ from house to house. The house in the centre may have
no thermal insulation (energy consumption) requirements on it at all; the houses on
the left and right do have such requirements, but the house on the right may well
have substantially higher insulation requirements than that on the left.
15.
No attempt is made, at European level, to harmonise the regulatory requirements on

works throughout Member States. Instead, the CPR identified seven Basic Works
Requirements (BWRs):
BWR1 - mechanical resistance and stability,

BWR2 - safety in case of fire,
BWR3 - hygiene, health and the environment,
BWR4 - safety and accessibility in use,
BWR5 - protection against noise,
BWR6 - energy economy and heat retention,
BWR7 - sustainable use of natural resources.
These BWRs form an ‘envelope’ within which Member States may regulate, and no
Member State can regulate for works outside these BWRs (although they might reg-
ulate for other reasons, such as worker safety). However, the BWRs do not oblige
a Member to regulate nor do they require a Member State to regulate at the same
level. So, for example, one Member State could have no fire safety regulations for
buildings at all, another Member State could have fire safety regulations for public
buildings but not for private buildings, a third Member might regulate for all build-
ings, but require fire resistance of one hour for public building but only 30 minutes
for private buildings.
As will be explained below, the regulatory requirements on construction works which

exist lead to the need for product manufacturers to declare certain product perfor-
mance characteristics. The CPR, in turn, covers how these characteristics are as-
sessed and declared. This brings in the third key difference between the CPR and
other EU legislation. When a harmonised European Standard exists for a particular
product, the manufacturer is obliged to follow that standard – making standards
compulsory rather than voluntary.
The CPR offers five different systems by which a product’s characteristics are deter-
mined (‘Assessment and Verification of Constancy of Performance’ or ‘AVCP’ sys-
tems), but it does not give any choice of which AVCP system to follow. The overall
system is fixed in Commission decisions (Delegated Acts), and all manufacturers of
the same product have to follow the same system. Nevertheless, as will be explained
later in the guide, the AVCP system can change depending on which characteristics
the manufacturer chooses to declare.
The CPR requires that all manufacturers draw up a Declaration of Performance

(DoP), whereas most other EU legislation requires a Declaration of Conformity, but
products still have to bear the CE marking. Here again there are differences. The CE
16.
marking on an electric product, for example, might be only the letters CE and the
symbol that the product should be recycled instead of thrown away, which comes
from the Waste Electrical and Electronic Equipment Directive:
The CE marking of a construction product will be more detailed than this, because
each of the performance characteristics has to be declared, as the following exam-
ple shows:
01234AnyCo Ltd, PO Box 21, Any Town

14
01234-CPR-00234
EN 12839:2012
80 mm mineral wool for use in buildings
Reaction to fire: Class A2-s1, d0, fully exposed

Thermal conductivity:0,04 W/mK
Flexural tensile strength:NPD
One final issue is that construction products are not generally intended directly for
‘consumers’, they are destined for ‘professional users’ (builders and construction
companies). This is also true of some other products, such as medical devices and
automatic weighing equipment. In essence, it means that the notion of “consumer
safety” is not what the CPR assesses.
17.
II.3. The link between products and regulatory requirements on

construction works
Usually, it is not possible to know, at the time that a construction product is placed
on the market or offered for sale (i.e. the time at which the CE marking has to be
applied), whether it is suitable for a particular end use or whether it will allow the
regulatory requirements on the construction works to be satisfied. There is a link
between the BWRs and performance characteristics of products:
Regulations on construction works

7 Basic Works Requirements
(e.g. structural stability, fire, energy economy)
Regulatory provisions on construction products

Product characteristics (essential characteristics)
(e.g. crushing strength, reaction to fire, thermal resistance)
For example, if a Member State regulates on BWR1, 2 and 6, expressed in general

terms as:
• works shall be mechanically stable,

• works shall provide adequate fire safety,
• works shall use energy efficiently,
this could translate into to the following product characteristics:
• strength of product,
• reaction/resistance to fire of product,
• thermal conductivity of product.
18.
The following examples illustrate this well:
Example 1. Product A has a compressive strength value 20.5 N/mm2.

Is it a suitable product?
Answer: Yes, where works requirements (design requirements) require ≤ 20.5 N/mm2
No, where works requirements require > 20.5 N/mm2
Example 2. UK Building Regulations require that roofs have U < 0.2 W/m2 K
How thick does the thermal insulation need to be?
Ridge tile
Clay tiles
Underlay
Rafters and
air space
Unknown Rigid
value “X” urea foam
Bonded 12mm
plasterboard
Answer: A simple steady-state calculation indicates that the insulation thick-

ness, x, needs to be 107 mm.
A product of 100 mm would not satisfy the regulatory requirement,

whereas two panels, each of 60 mm thickness, would.
19.
Example 3. Cement
Cement has no characteristics which link to the regulatory require-
ments on works, because it is always mixed with other products (sand,
water) and is being used as mortar, screed, in ready-mixed concrete, in
precast concrete products, etc. The ‘performance characteristics’ of ce-
ment, therefore, are those which related to a particular type of cement,
e.g. CEM II A-P.
There are some construction products which are, or are close to, construction works
on which regulatory requirements exists – for example, kit buildings and precast
concrete wall elements. One characteristic of a kit building is the U-value of its exter-
nal envelope, while a characteristic of a precast concrete wall unit is its resistance
to fire classification. Even in these cases, while the performance characteristics can
be directly compared with regulatory requirements, the performance value must still
be sufficient to allow the regulatory requirements to be met.
II.4. Some myths about the CE marking of construction products
Although the CE marking of construction products has existed since the early to mid-
1990s, several common misunderstandings still exist. Specifically:
1) CE marking applies only to products for export. This is wrong, as the CE mark-
ing is required even for products made and sold in the same Member State.
2) CE marking means “Fit for every purpose”. As has been shown above, the user/
specifier of construction products needs to check that the products he buys
and uses have the necessary performance levels to satisfy the regulatory re-
quirements in the specific construction works in which they will be used.
3) CE marking is a conventional quality mark. In reality, the CE marking is not a

mainstream mark of high quality, in the way that, for example, third party cer-
tification of a product is. It is, instead, a presumption that the declared perfor-
mance levels are correct. The level of performance of a product is a measure
of its ‘quality’, however (higher performing products being better than lower
performing ones), and the CE marking is a presumption for all products, from
the lowest to the highest level of performance. The CE marking might better,
therefore, be considered as a mark of a ‘defined level of quality’, where that
level corresponds to the levels of performance declared for the product.
20.
4) CE marking means “Check everything”. This is not, of course, true. At the same
time, it is important to understand that the CE marking is never a guarantee of
performance, and a few products exist on the market which are either incor-
rectly labelled or do not have the levels of performance declared of them. Mar-
ket surveillance authorities are not permitted to systematically intervene to
check or control all products coming onto their market (although they may, of
course, intervene in case of doubt). However, if a user believes that a construc-
tion product does not have the correct performance, he is under no obligation
to buy or use it.
III Steps for manufacturers and importers
The following table shows the main stages which manufactures and importers seek-
ing CE marking under the CPR should go through. These are the steps required for
trade in or with the EEA, not necessarily the steps for a manufacturer trading nation-
ally in or with non-EEA countries.
Stage Description
CE marking represents a ‘passport’ for selling products into

1.Identification Europe and to other countries where it is recognised, but it does
of markets not guarantee that anyone will buy the product. Before making
and any attempt to obtain it, therefore, manufacturers must identify
regulatory potential markets and verify that their products will meet market
requirements needs. If a market need is found, it needs to be assessed whether
the CPR applies to the product (Section 1)
2. Applying The manufacturer needs to identify which hEN applies (or, in

regulatory its absence, whether to follow the ETA route). He also needs to
requirement identify any other applicable legislation, e.g. REACH (Section 2)
21.
Possibly the most important and time-consuming of the tasks.

3. Preparatory The manufacturer must prepare technical documentation. He
work must also identify which AVCP system to apply and, if necessary,
identify a suitable notified body or bodies (Section 3)
All products to be CE marked require assessing, and the man-

ufacturer has to operate a Factory Production Control (FPC)
4. Applying the system. Applying the standard may involve testing by a notified
standard test laboratory, certification of the FPC system or certification of
the product. The manufacturer may be able to benefit from one or
more simplified procedures (Section 4)
5. Declaration
of Having applied the standard, the manufacturer has to draw up
Performance and supply the DoP and prepare and affix the CE marking (Sec-
(DoP) and CE tion 5)
marking
The CE marking applies to a product defined by its design, its

components, its production system, its production control sys-
6. Maintaining
tem and the hEN which was applied. Any changes to one or more
performance
of these, which may have an effect on the declared performance,
may require re-testing or re-assessment (Section 6)
A manufacturer may have to deal with requests from market

7. Dealing
surveillance authorities or customs. A manufacturer may, also,
with market
wish to report dangerous products or unfair marketing practices
surveillance
to market surveillance authorities (Section 7)
Each of these steps, together with other provisions of the CPR, are explained in more
detail in the following sections.
22.
SECTION 1 – STEP 1: MARKET IDENTIFICATION
1.1. The suitability of a product for a particular market
The CE marking means that countries must presume that products have the per-
formance values declared and must not refuse these products access to national
markets. For all construction products (see below) placed on the EEA market, CE
marking is compulsory. However, the CPR does not seek to change or set the nation-
al regulatory requirements on construction works; these remain the responsibility of
the country concerned. It cannot therefore be assumed that all CE marked products
can be used in all works.
Any manufacturer who takes the trouble and goes through the procedure for ob-
taining the CE marking has the right to expect that his product is accepted in those
Member States of the EEA to which the product is exported, or is accepted in any
other country which has implemented the regulation in such a way as to accept CE
marking. However, while the marking is the ‘passport’ for exporting products, there
are other factors which manufacturers need to consider before making the decision
to export. These include the associated production costs and whether the product is
already in plentiful supply as well as the cost versus performance level.
Western Balkan manufacturers need first to prepare themselves and then to follow
exactly the same stages, explained in the Guide, as an EEA based manufacturer has
to follow. There may be advantages for such manufacturers to start working, as far
as is practical, to EEA levels even if they do not intend to obtain the CE marking. They
are advised, however, not to proceed to CE marking until they are certain that they
will be able to compete, both on quality and price, with competing products if they
wish to export to the EEA.
1.2. Which products are covered by the CPR and which are not?
If a manufacturer identifies that a market for his product exists, he must then identify
whether his product is and can be covered by the CPR. CPR Article 1.2 defines a ‘con-
struction product’ as “any product or kit which is produced and placed on the market
for incorporation in a permanent manner in construction works or parts thereof and
the performance of which has an effect on the performance of the construction
works with respect to the basic requirements for construction works”. A ‘kit’ means
a construction product placed on the market by a single manufacturer as a set of at
least two separate components that need to be put together to be incorporated in
the construction works.
23.
Electrical & Electronic Equipment
Taken together, these definitions mean that the CPR is relevant only to those products
for which one or more of the Basic Works Requirements (BWRs, see above) applies. This
effectively means that the CPR applies only to those products which are subject to
one or more regulatory requirements in at least one Member State.
These definitions, however, require further explanation in order to fully understand

why some products are included under the CPR and others are not. The first point
which needs expansion is “in a permanent manner”. There are many products which
are not incorporated in a permanent manner in a construction works, in that if the
works are changed, these products may be replaced or removed. The definition of
“in a permanent manner” is, therefore, better understood as meaning that while a
product is present in the works, it plays a role in satisfying one or more of the BWRs.
Equally, there are some products which are incorporated every bit as much in a per-
manent manner as some of the examples given above but they do not fall under the
CPR: industrial plant, electric lighting and other electrical equipment, fitted kitchen
units, gas fired central heating boilers and paint. There are several reasons why, even
though they meet the definitions for being construction products, these are not con-
sidered (or, at least, not currently) to come under the CPR, for example:
• “regulatory requirements" are considered to be “construction regulations” rath-

er than other regulations. Industrial plant and electrical equipment are often
covered by other regulatory requirements than construction regulations;
• “in a permanent manner” (in addition to the condition above) relates to the abil-
ity of the construction works itself to meet construction regulations. Most if
not all industrial plant could be removed from a building and possibly replaced
by other plant but this would have no effect on whether the building itself con-
tinues to meet the regulations on it;
• products are covered, usually more specifically, by other directives, for exam-
ple the Lifts, Gas Appliances and Low Voltage Directives.
Although it is helpful to understand these principles (especially if a manufacturer

wants CE marking but is currently not able to acquire it), ultimately there are only two
conditions for whether a product can obtain the CE marking according to the CPR:
• Is there a harmonised European Standard (hEN) covering the product?

• If there is no hEN, or the hEN does not cover, or does not cover appropriately,
all the essential characteristics, does the manufacturer wish to apply for a Eu-
ropean Technical Assessment (ETA) and is this application accepted by the
Technical Assessment Body?
24.
If the answer to both of these questions is “No”, then the product in question cannot
(at least for the time being) be considered a “construction product” within the defi-
nitions of the CPR and cannot, therefore, obtain the CE marking. If there is an hEN,
though, the CPR requires that products be assessed according to the standard and
that the manufacturer uses the CE marking. However, the use of ETAs within the EEA
remains voluntary.
In addition to the products mentioned above, two very important construction prod-
ucts are excluded from CE marking: ready-mixed concrete and reinforcing steel for
concrete. Although there are European Standards for these, EN 206 and EN 10080,
they are not harmonised standards and do not, therefore, support CE marking. EN
10080 was a harmonised standard from 2005 until 2006, but was then withdrawn as
a result of objections about its treatment of certain special steels. Both standards
remain as voluntary documents.
The following flowchart shows, in somewhat simplified form, the procedure for de-
ciding whether a product falls under the scope of the CPR and, if so, what the man-
ufacturer has to do.
25.
No
Construction
End
product?
Yes
No No
Manufacturer
hEN available? End
seeks ETA?
Yes Yes
Manufacturer applies TAB prepares

hEN (PTD + FPC) ETA
Possible notified body Manufacturer applies

party intervention ETA (FPC)
CE marking
26.
1.3. Exemptions from the provisions of the regulation
Some construction products, even when there is an hEN, may be exempt from the
obligation of drawing up a DoP and of using the CE marking (although the manufac-
turer may still choose to do so). These are:
(a) products which are individually manufactured or custom-made in a non-se-

ries process in response to a specific order, and installed in a single identi-
fied construction work, by the product manufacturer;
(b) products manufactured on the construction site for its incorporation in the
respective construction works;
(b) products manufactured in a traditional manner or in a manner appropriate

to heritage conservation and in a non-industrial process for renovating con-
struction works of special architectural or historic merit.
These exemptions (and the limitations on applying them) are discussed in more
detail in Section 4.3 below. Although such products are exempt from the CPR, CE
marking and drawing up a DoP, they must still comply with whatever regulatory re-
quirements exists where they are to be used.
SECTION 2 – STEP 2: APPLYING REGULATORY REQUIREMENTS
2.1. Identifying the relevant harmonised European Standard
2.1.1. Introduction
The CPR identifies two types of technical specification that can be used to obtain the
CE marking. Therefore, they are also the only ways by which the performance of a
product can be determined and declared. Harmonised European Standards (hENs),
of which there are about 500, cover the majority of products, while European Techni-
cal Assessments (ETAs; see below), deal with products outside the scope of hENs.
To achieve consistency, former national standards and national approvals have been
replaced by ENs and ETAs and this means that all products are assessed using the
same technical specification.
27.
An EN is a voluntary document so is not itself a regulatory requirement. ENs are

developed in response to mandates and are then offered to the Commission for
consideration as hENs. hENs are standards developed in response to a mandate
(or standardization request) from the European Commission. If the Commission
accepts the standard, a reference to it is published on the Official Journal of the
European Union (OJEU). It is this publication which converts a voluntary EN into a
mandatory hEN under the CPR, and, when the Date of Withdrawal shown in the OJEU
is reached, all manufacturers in the EEA must apply it. Most construction product
standards are prepared by CEN (European Committee for Standardization), the sec-
retariat of which is based in Brussels. The vast majority of ENs are either product
standards or test method standards.
2.1.2. Product standards
Product standards are divided into two types: harmonised (which means “supports
the CPR and leads to CE marking”) and non-harmonised. To obtain the CE marking
according to the CPR, a manufacturer has to comply with a harmonised Europe-
an product standard, if it exists. Non-harmonised product standards are standards
which cover products or materials but do not lead to CE marking.
The basic content of most harmonised product standards is as follows:
• Scope
• Normative references
• Product characteristics [covering both essential and non-essential character-
istics],
• Assessment methods
• Assessment and Verification of Constancy of Performance
• Marking and labelling (see Note 1 below)
• Annex ZA: Relationship of this European Standard with Regulation (EU) No.
305/2011
Product standards (and many other standards as well) contain several different
types of requirement, whose nature depends on the verb used to introduce them:
• normative requirements introduced by “shall” (“The mechanical strength shall

be evaluated according to 4.3”). Such provisions must be followed in order to
comply with the standard;
28.
• normative requirements if applicable, introduced by “If … then shall” (“If the

product is intended to be exposed to freeze/thaw cycles, mass loss shall be
assessed by testing to EN 1234”). These provisions only need to be followed if
the “If” condition is satisfied;
• normative requirements but with a choice, introduced by “shall be by X or Y”
(“Slip resistance shall be assessed by Method 1 or Method 2”). Here the word
“or” provides the choice, but whichever option is taken must be followed nor-
matively (see Note 1 below);
• informative requirements introduced by “should” (“The product should be
stored in a temperature-controlled environment”). These provisions are recom-
mendations but do not have to be followed;
• permission, “may”, remaining optional, and possibility (rarely used in stan-
dards), “can”.
All essential characteristics of the CPR have to be covered as normative require-

ments.
Note 1: At the time of writing this Guide, many hENs are ‘old’ standards developed
under the former Construction Products Directive (CPD). CPD standards were writ-
ten in a somewhat different way than the Commission now requires for CPR hENs.
For example, the “Product characteristics” clause in CPD standards is usually called
“Requirements”, and Initial Type Testing (ITT) is used instead of Product-type de-
termination. CPD standards remain valid for CE marking under the CPR, although
manufacturers have to apply them according to the new CPR provisions (explained
below). Until this situation is clarified, manufacturers should follow the standards
published in the OJEU, with one important understanding, especially if using an hEN
for trade outside of the EEA:
When a manufacturer indicates a dated standard reference number in his DoP or

with the CE marking, this indicates that the product performance is assessed only
regarding the essential characteristics as identified in Annex ZA. If he gives the stan-
dard’s reference number outside of the DoP or CE marking (e.g. in his commercial
documents), he claims that this product meets all normative provisions of the stan-
dard.
The Scope of a product standard defines exactly which products are covered by that
standard and, in some cases, which products are not covered. When deciding on
which standard to apply, manufacturers must first check the Scope to ensure that
the standard covers their particular product. The “Product characteristics” and “As-
sessment methods” clauses of standards are usually self-explanatory.
29.
Of most relevance for manufacturers is the content of Annex ZA. Annex ZA is, in
standardization terms, considered voluntary (informative) but, for the purposes of
compliance with the CPR, its provisions must be followed. Annex ZA generally con-
sists of three separate clauses:
ZA.1 identifies those clauses in the body of the standard which cover essential (har-
monised) characteristics, i.e. those against which a declaration (performance or “no
performance determined”) must be given. One, some or all of the characteristics
given in the normative body of the standard may be essential and need declaring,
although those needing a performance value (as opposed to NPD) may depend on
the product and possibly its intended use, but the manufacturer needs only to com-
ply with the harmonised characteristics to comply with the CPR; he does not need to
assess any voluntary characteristics (i.e. characteristics not called up by ZA.1, not
included in the DoP and not covered by the CE marking);
ZA.2 gives the assessment and verification of constancy of performance (AVCP)

system(s) which must be followed for CE marking, while ZA.3 gives more details on
AVCP tasks, such as where some characteristics require product type determination
testing by a third party while other characteristics are tested by the manufacturer
(see below).
Some old CPD standards contain the clause ZA.3, “CE marking”, and may contain
sub-clauses covering the certificate of conformity and/or declaration of conformi-
ty. A few standards may also contain instructions on how to draw up the DoP. The
certificate and declaration are old CPD provisions and so must be ignored and the
requirements for the DoP may not be fully up to date. Specific instructions for the
manufacturer when applying an hEN under the CPR are described in Section 4 of this
Guide.
2.1.3. Finding the relevant product standards
The list of hENs is available from the Commission’s CPR website.
From this general website, a searchable list of hENs is obtained by clicking the link
under “Publications in the Official Journal”.
hENs are listed in numerical order and, if the list is saved as a pdf file, it can be
searched using one or more key words to identify the likely hEN for any particular
product. While the title of an hEN will generally be a good indication of whether the
standard covers a particular product, it is worth manufacturers checking the Scope
of the standard, which can usually be found on the webpage of a CEN Member Body.
Scopes should also be available on the websites of Western Balkans National Stan-
dardization Organisations.
30.
2.2. The European Technical Assessment route
Most of this Guide is written in terms of European Standards, because these cover
the vast majority of products. However, there is another way in which manufacturers
may obtain the CE marking for their products, which is via European Technical As-
sessments (ETAs), based on European Assessment Documents (EADs). EADs are
considered as technical specifications under the CPR and are one mechanism by
which a manufacturer can obtain CE marking for a construction product, typically
(but not uniquely) for innovative and new products for which an hEN does not exist.
An EAD is a document setting out the essential characteristics of the product, to-
gether with AVCP, DoP and CE marking requirements. It is written by a Technical
Assessment Body (TAB) in response to a request from an individual manufacturer.
So, while an hEN covers all manufacturers of products covered by the standard, an
EAD is, in principle, a specification for the products of a particular manufacturer.
All TABs work within the framework of EOTA (the European Organisation for Tech-
nical Assessment) and are recognised as competent by the country in which they
work, as well as in all other countries. When a TAB has written the draft EAD, it is
submitted for consultation by other TABs, before being used to develop an ETA for
the manufacturer.
There are two exceptions to the manufacturer-specific principle, however. Under the
CPD, European Technical Approval Guidelines (ETAGs) were written, which cover a
range of products in a similar way to the scope of an hEN. These ETAGs may be and
are being, once they have been updated to recognise CPR principles, used under the
CPR so, in this case, the ETAG-based EAD is not manufacturer-specific. Secondly,
when a TAB receives a request for an EAD, it will first look to see whether an EAD
for a similar product already exists which can be applied or modified to apply to the
new product.
An EAD may be developed when any of the following conditions apply:
• the product is not within the scope of any existing hEN,

• the assessment method in the hEN for at least one essential characteristic is
inappropriate,
• the hEN does not provide an assessment method for at least one essential
characteristic.
The issuing of an ETA requires that the product is subject to an assessment by the
TAB and then an AVCP procedure (see below), although assessment results from
the TAB can be used to satisfy the PTD requirements of the AVCP procedure.
31.
32.
A construction product with an ETA and satisfying the AVCP requirements must
have a DoP drawn up for it by the manufacturer and carry the CE marking. It can
then be placed on the market in any EEA country, and should benefit from the same
presumption of correctness of performance as products bearing the CE marking
according to a harmonised European Standard. Because of the need to draft the
EAD, however, and the assessment work which has to be done by the TAB, the ETA
route to CE marking is nearly always more expensive than the hEN route. Manufac-
turers do not pay the full cost of developing the EAD, but the higher costs arise in
part because of this and in part because of the work done by the TAB in assessing
the product.
When one manufacturer has requested and received an ETA, and thereby CE mark-
ing, this does not oblige other manufacturers of the same product to also apply for
an ETA. Although manufacturers must apply a relevant hEN once it is published, the
use of EADs remains optional. Whether a manufacturer should seek an ETA, there-
fore, remains mainly a commercial decision. While the ETA route is available for all
manufacturers, wherever they are based, it is not considered further in this Guide
due to its prohibitively expensive nature, which may be challenging for most West-
ern Balkans manufacturers. Should a Western Balkans manufacturer desire an ETA,
however, it should contact a TAB based in the EU.
2.3. Basic Works Requirement 7 and other applicable legislation
2.3.1. Basic Works Requirement 7
The regulatory requirements on BWR 7, in those Member States which regulate at

all, are limited to Product Category Rules (PCRs) – a type of Environmental Perfor-
mance Declaration (EPD). PCRs are derived by applying the standard EN 15804. No
hENs currently cover BWR 7, so manufacturers selling products in countries which
require them need to do this outside of the CE marking. As mandates to CEN are
updated (a process underway at the time of writing), BWR 7 will be included in them,
which will require CEN to revise hENs to include it.
2.3.2. Dangerous substances
Many construction products are subject to regulatory requirements on dangerous

substances. The CPR covers the possible release of such substances to indoor or
33.
outdoor air, in particular volatile organic compounds (VOCs), the release of sub-
stances to ground water and drinking water, and the possible release of radioactiv-
ity, but these requirements have not yet been included into many hENs. In addition,
many products are also subject to the REACH Regulation, as well as other European
or national regulatory requirements on dangerous substances.
The treatment of dangerous substances in hENs is currently proving difficult. Many

existing hENs (from the old CPD), cover them by the general statement that manu-
facturers should comply with any regulations not specifically included in the hEN,
but without saying how they might do this. This statement is no longer accepted
by the European Commission in CPR standards, however. At the time of writing this
guide, there is no agreed way in which dangerous substances should be treated.
CEN recommends that release into indoor and outdoor air is tested by the standard
EN 16516, and release to ground water by two Technical Specifications, TS 16637-2
and TS 16637-3. These methods are expensive, however (EN 16516 for example,
costs €2 000 to €3 000 per test), while not all CEN Technical Committees accept the
use of the two TSs. There is, currently, no test method for radioactivity, either. A fur-
ther suggestion is that hENs do not include the treatment of dangerous substances
release at all.
If hENs do not cover either the release of dangerous substance or their content
(many substances, such as asbestos, as controlled by content rather than by re-
lease), it does not mean that manufacturers are exempt from meeting the relevant
regulatory requirements. In addition, the absence of a dangerous substances clause
might oblige Member States to regulate nationally, the very thing which the CPR and
the CPD before it have been trying to avoid.
In many cases, most dangerous substances can be dealt with by a common-sense

approach. Clay bricks, for example, do not contain asbestos and nor do they release
VOCs, so they need no assessment of these two dangerous substances. A product
manufacturer following the REACH Regulation and obtaining and using Safety Data
Sheets from suppliers of raw materials and components in respect of dangerous
substances and chemicals, will most likely have satisfied most, if not all, relevant
regulatory requirements. It is beyond the scope of this guide to cover the application
of the REACH Regulation, but guidance exists on the internet at, for example:
REACH
or
ECHA
34.
Until this situation becomes clearer, it is suggested that manufacturers follow any
relevant provisions given in hENs, as well as following the requirements of the
REACH Regulation, and should be aware of the possible existence of other European
or national regulatory requirements.
2.3.3. Electrical, electronic, mechanical and other products
Some electrically powered construction products (such as powered doors and win-
dows) are subject to the requirements of the EU’s Machinery Directive, 2006/42/EU
and the EU’s Electromagnetic Compatibility Directive, 2014/30/EU. In the case of
powered doors and windows, there are specific annexes, Annex ZB and Annex ZC,
which cover the requirements of these two directives.
There may be other powered or electronic construction products which are subject
to the above and/or other regulatory requirements, such as the EU’s Low Voltage
Directive, 2014/35/EU or the EU’s Ecodesign Directive, EU/2009/125 but where the
requirements are not included in the hENs under the CPR. In case of doubt about
whether other legislation applies to his product, the manufacturer should seek ad-
vice or perform his own investigations. For all other applicable legislation, the man-
ufacturer has to satisfy this.
Where other legislation also requires CE marking, there is only one CE marking sym-
bol used, and this symbol is a presumption that the product meets all relevant CE
marking legislation.
2.4. Responsibilities of different actors
2.4.1. Introduction
There are several main actors involved in the implementation of the CPR. These
can be listed as:
• manufacturers, and other organisations acting as ‘manufacturer’

• other economic operators: importers and distributors
• notified bodies and other conformity assessment bodies (CABs)
• Member States/market surveillance authorities
• technical specification writers
• purchasers/users/specifiers of products
35.
Many responsibilities of these actors are described elsewhere in this guide and in
the CPR itself. The table in 2.4.3 shows, in a simplified form, the responsibilities and
actions of each of them.
2.4.2. Organisations acting as ‘manufacturer’

An importer or distributor who places a product on the EU market under his own
name or trademark, is considered as a ‘manufacturer’ in the meaning of the CPR.
An importer or distributor who modifies an existing construction product in a way
which means that the performance declared in the DoP of the original manufac-
turer might be affected, is also considered as a ‘manufacturer’. As manufacturers,
these organisations take on all the responsibilities of the CPR, namely AVCP tasks
to demonstrate that an hEN has been applied, holding test or assessment results,
and an FPC certificate if relevant, and holding a product certificate in his own name
if this is required.
This can be a complicated situation and no attempt is made, here, to cover all pos-
sibilities. The first involves the manufacturer concluding a contract with the original
producer of the product, which obliges the producer to perform factory production
control (FPC) and which allows the manufacturer to make use of the producer’s prod-
uct-type assessment reports (without having to repeat product-type assessments)
and FPC certificate (if relevant). A product certificate (products under AVCP System
1+ or 1) and the DoP cannot, however, be transferred from producer to manufacturer,
and the manufacturer must contact a notified product certification body to obtain a
new certificate in his own name and draw up a DoP.
An importer or distributor who becomes a manufacturer for one product does not
become the manufacturer for other products if he does not sell them in his own
name. The manufacturer must always be able to supply documentation related to
the performance of the products he sells, to market surveillance authorities and oth-
ers, including purchasers/users in the supply chain. Whether a change to a product
is likely to affect the performance values declared in the DoP is a technical matter
which can be addressed on a case-by-case basis. Re-batching or cutting products to
size do not usually change the performance.
2.4.3. Responsibilities and actions of CPR actors
The following table summarises the responsibilities of different actors in the produc-
tion, importation, distribution, control (market surveillance) and use of construction
products. Controls on the correct use of products (e.g. design and building control)
do not appear, because these are outside the remit of the CPR.Responsibilities and
actions of CPR actors
36.
RESPONSIBILITIES AND ACTIONS OF CPR ACTORS
Actor Responsibilities Actions Notes
Ensures that AVCP tasks are

Manufacturers must
performed
monitor any changes,
AVCP of products Operates on-going FPC e.g. to the product
Manufacturers
DoP and CE marking Draws up DoP and CE marking or the hEN, which
might affect declared
Provides instructions and safety
performance
information, where relevant
To place only compliant products To verify that AVCP tasks

on the market have been performed and that
information/marking is correct The importer puts
Importers and his name on the
distributors product, packaging or
To ensure the products have a To not sell products in case of documentation.
DoP, other information and are CE doubt
marked
Notified bodies (NB) AVCP Testing or certification, depending Manufacturer has

on AVCP system responsibility for
performance
Other CABs AVCP Testing or inspection, on behalf of Manufacturer may use

the manufacturer or other CAB 3rd party labs
National regulations on
construction works Establishes regulations, sets
limits, reviews and maintains
Implementation of the CPR CPR does not change
See market surveillance below
Member State Enforcement (through market Member States’
surveillance) Gives presumption of regulations
performance to CE marked
Removal of technical barriers to products
trade
Checking of products on the Applies only once

Market surveillance market Check CE marking and
products are on the
authorities declaration, maybe test product
Enforcement market
Technical Production/maintenance of ENs, Drafting (by external experts), Conflicting

specification writers hENs, EADs and ETAs approval and distribution to NSBs specifications must
(CEN, EOTA) (ENs) be withdrawn
National standards Adoption of hENs and ENs National mirror committees to Conflicting national
body CEN standards must be
withdrawn
Manufacturer not
responsible for
Correct selection of products, Must understand DoP and CE
Users of products incorrect selection
installation, etc. marking information
or installation of
products
37.
SECTION 3 – STEP 3: PREPARATORY WORK
3.1. Preparing the technical file
CPR Article 11.1 requires the manufacturer to draw up technical documentation de-
scribing all the relevant elements related to the required system of AVCP but, unlike
some other EU legislation, the CPR does not give guidance on what this technical
documentation should contain. Whether it is called a ‘technical file’ or something
else, it is nonetheless useful for manufacturers to prepare documentation which is
all held together. This documentation can then be submitted to any notified body
involved in the AVCP system (see below).
Once the initial AVCP tasks have been completed, the technical file can be com-
pleted with the inclusion of test and assessment reports, FPC certificate or product
certificate (if appropriate) and, therefore, it is a useful document to supply to market
surveillance authorities or importers, if requested to do so.
By describing all aspects of the product and the production control system, the hEN
applied and so on, the technical file also helps manufacturers to identify when some-
thing changes, which might require re-assessment of the product. This is covered in
Section 6.
A typical technical file should contain the following information:
• Description of product or products

• Article numbers, variants, families, as relevant
• Description of materials and components in the products
• Method of production
• Quality management (Factory Production Control) system
• Test and assessment reports, other documentary proof
• Product certificate or FPC certificate
• Declaration of Performance and CE marking
The description of products and article numbers, variants, etc. sections should cover
all the products (if there is more than one) which the technical file covers. It should
contain sufficient detail to be able to uniquely identify the product. If variants or
families are being used (see Section 4), i.e. one test result used to cover more than
one similar product, it is good for these to be mentioned in any test reports or cer-
38.
tificates, because then there is no doubt that they are covered. If the product is a
fabricated one (e.g. wall partition or a window), drawings may be included.
The description of materials and components should include full specifications and
the name of the supplier or suppliers. This is particularly important if changing from
one supplier to another (even if the specification remains the same) could change
the declared performance. The method of production section and the Factory Pro-
duction Control section do not need to describe every stage, but they should identify
key stages which influence the product’s performance.
If the manufacturer relies on Safety Data Sheets to deal with dangerous substanc-
es, or other documents to demonstrate the performance of raw materials or com-
ponents, these should be included in the section containing test and assessment
reports. The Technical File is completed once the AVCP tasks have been completed
and reports and certificates (if necessary) are obtained. For AVCP system 1+ and 1
products, the DoP and CE marking, once drafted, will need to be seen by the product
certification body.
3.2. Identifying the Assessment and Verification of Constancy of

Performance system(s)
3.2.1. Introduction
All hENs, in ZA.2, contain information on the AVCP system or systems to be applied
to the product, and this is expanded in ZA.3 (ZA.2.2 in older hENs) which describes
how these systems work. The CPR provides for four main AVCP systems, with the
system chosen based on the importance of the role played by the product in the con-
struction work, and the stability of the product and the product process. Structural
and fire-related products tend to have the highest system. These systems are:
• System 1: product certification (System 1+ including audit testing).

• System 2+: certification of FPC based on initial and on-going assessment.
• System 3: product-type determination by a notified test laboratory.
• System 4: declaration of performance by the manufacturer.
The AVCP system does not improve the performance levels of the product; it only im-
proves the confidence which can be placed in the declared performance. In addition,
in no case is the AVCP process an ‘authorisation’ to place the product on the market.
A manufacturer cannot place products on the market without test reports or certifi-
cates, but these documents only indicate that at a particular moment in time, or for a
39.
particular test sample, the product had the performance to be declared and that the
FPC system was adequate. It is always the responsibility of the manufacturer alone
to ensure that the products he places on the market have the correct performance
levels, and that he continues to operate his FPC system correctly.
In fact, AVCP systems are generally allocated to specific intended end uses of prod-
ucts, i.e. to certain essential characteristics, rather than to the product itself. For
reaction to fire, the AVCP system depends on the performance classification of the
product. AVCP is, therefore, often a cumulative process. A product under AVCP Sys-
tem 1+ or 1 will have one or more characteristics tested by the notified product certi-
fication body, while other characteristics might be tested by a notified test laboratory
and some by the manufacturer himself. The certification body takes responsibility
for ensuring that all tasks are done, but does not have to perform them all himself.
Similar principles apply to System 2+ and 3. While the notified certification body as-
sesses the manufacturer’s FPC system, some essential characteristics may require
testing by a notified test laboratory under the responsibility of the manufacturer and
some by the manufacturer himself. Under System 3, some characteristics have to be
tested by a notified laboratory, and others by the manufacturer.
If the manufacturer does not have his own test equipment for characteristics under
AVCP System 4, he is allowed to use a third party test laboratory of his choosing,
provided that it is technically competent. A notified body is not permitted to perform
System 4 testing and, even if the body is notified for some other tests, when it under-
takes System 4 testing, the test report cannot contain any reference to the laboratory
being notified.
The above description of the tasks of each AVCP system is summed up in the follow-
ing table. In case of any doubt, the details of which system(s) applies can be found in
standardization mandates, which can be found at standardisation mandates.
40.
TASKS UNDER EACH AVCP SYSTEM
Assessment and Verification of

Constancy of Performance system 1+ 1 2+ 3 4
Tasks under the responsibility of the manufacturer

Factory production control (FPC)     
Further testing of samples taken at the factory    – –
Product type determination by the manufacturer     
Tasks for the notified body

Certification of constancy of performance   – – –
Initial inspection of FPC    – –
Certification of FPC – –  – –
Surveillance of FPC    – –
Product type determination by the product   – – –
certification body
Audit testing of samples before placing on the  – – – –
market
Product type determination by a notified test     –
laboratory
 = Task always required

 = Task possibly required
– = Task not required
41.
3.2.2. The AVCP systems in detail
Many existing standards start with an overall presentation of the AVCP systems, fol-
lowed by one or more tables for each specific AVCP system which identify the tasks
for different parties. Recent guidance from CEN suggests that the first table should
no longer be included. An example is given here, however, because such tables cur-
rently figure in so many hENs.
The following table is taken from prEN 16153:2013, Light transmitting flat multiwall
polycarbonate (PC) sheets for internal and external use in roofs, walls and ceilings –
Requirements and test methods.
Table ZA.2 – Systems of AVCP
Level(s) AVCP
Products Intended uses
or class(es) systems
A1*, A2*, B* and C*

1
As roof coverings
A1**, A2**, B**, C**, D
subject to reaction to fire 3
and E
regulations
4
(A1 to E)***, F
Products requiring
As roof coverings testing 3
Flat and
subject to external fire
profile Products ‘deemed to 4
performance regulations
sheets satisfy’ without testing
As roof coverings
subject to regulations on – 4
dangerous substances
As roof covering for all

– 4
other uses
42.
A1*, A2*, B* and C*

As external finishes 1
in ceilings subject A1**, A2**, B**, C**, D
3
to reaction to fire and E
regulations 4
(A1 to E)***, F
Panels
As internal or external
finishes in walls or
ceilings subject to – 3
regulations on dangerous
substances
* Products/materials for which a clearly identifiable stage in the production process

results in an improvement of the reaction to fire classification (e.g. an addition of
fire retardants or a limiting of organic material). Fire retardant products are under
conformity system 1.
** Products for which there is no clearly identifiable stage in the production process
which results in an improvement of the reaction to fire classification (e.g. an addition
of fire retardant or limiting of organic material).
*** Products/materials that do not require testing for reaction to fire (e.g. products/
materials of Class A1 according to Commission Decision 96/603/EC).
System 1: See Regulation (EU) No. 305/2011 (CPR) Annex V, 1.2.

This shows a typical situation where there are different AVCP systems depending,
first, on the level of reaction to fire performance and, second, on the intended end
use (and therefore characteristics declared) of the product. If the product achieves
reaction to fire Class A1 to C as a result of the addition of fire retardants or other ac-
tive limitation of organic content, the overall AVCP system will be System 1, meaning
the intervention of a notified product certification body who tests reaction to fire and
takes responsibility for ensuring that all other tasks are performed. This certification
body will assess the manufacturer’s FPC system.
43.
Within the overall AVCP System 1, two other characteristics fall under AVCP Sys-
tem 3: external fire performance and dangerous substances for products used in
walls and ceilings. If the manufacturer wishes to declare these two characteristics,
they would require testing by a notified test laboratory. All other characteristics (the
standard includes many other essential characteristics, for example water vapour
permeability, impact resistance and radiation properties) fall under AVCP System 4,
meaning that they are assessed by the manufacturer himself or by a non-notified 3rd
party test laboratory. Once all assessment reports are available, the product certifi-
cation body evaluates them, together with the reaction to fire performance and FPC
evaluation report, to decide whether to issue a product certificate.
In all other cases, the highest AVCP system is System 3 (reaction to fire as shown
by footnote **, testing for external fire performance and/or dangerous substances
for walls and ceilings). In this case, there is no notified product certification body
involved, and no notified body assessment of FPC. Instead, the manufacturer has
tests of one or more of these three characteristics done by a notified test laboratory,
and any other essential characteristics he intends to declare are tested by the man-
ufacturer himself or a third party laboratory.
If none of the characteristics to be declared bring the product into AVCP System 3,
the product would fall within AVCP System 4 and all declared characteristics would
be tested by the manufacturer himself or under his responsibility. In both Systems
3 and 4, the manufacturer must operate an FPC system, but without notified body
assessment. The same logic may be used to read an AVCP table which combines
AVCP System 2+, notified body certification of the FPC system, with characteristics
assessed either under System 3 or System 4, and for a table where only Systems 3
and 4 apply.
Whatever appears in an hEN in respect of AVCP does not replace the legal responsi-
bility on manufacturers to apply the AVCP system or systems as described in a Com-
mission Decision or Delegated Act. Mistakes in hENs are rare but do, sometimes,
happen. It is also perhaps surprising (although actually correct) that dangerous sub-
stances for roofing products are assessed under AVCP System 4 whereas those for
walls and ceilings require System 3.
A complaint frequently heard about AVCP is that a disreputable manufacturer could

choose to declare only one characteristic and opt for the cheapest one to test. He
would then benefit from the CE marking but at a much reduced cost. This might be
44.
true in theory but is unlikely to be true in practice. If a user of a product were to buy
a product with only one or a few characteristics declared, and use it for end uses
where other characteristics are required, he would not be respecting the regulatory
requirements for that end use. Such products might be allowed onto the market with
the CE marking, but the manufacturer will soon find that no one buys them.
What is true, however, is that products which appear to be identical can be on sale,
for example, in a builder’s merchant, but with different sets of declared characteris-
tics. In such cases, the purchaser of the products must ensure that he selects only
among those products which meet his requirements.
When the table above appears in an hEN, and in hENs where it does not appear, there
are further tables which describe each applicable AVCP system in more detail. The
three following tables are taken from prEN 14449:2017, Glass in building – Laminated
glass and laminated safety glass – Product standard, by way of example. These glass
products also follow the AVCP 1, 3 and 4 combination but for different reasons. In
this case it is resistance to fire, bullet resistance and explosion resistance which, if
declared, put the product into AVCP System 1.
Table ZA.3.1 — Assignment of AVCP tasks for laminated glass/laminated

safety glass under system 1
AVCP
Tasks Content of the task clauses
to apply
Parameters related to all

essential characteristics of
Factory production
Table ZA.1 relevant for the
control (FPC)
intended uses which are
declared
Tasks for the 5.3 and

manufacturer Further testing of Annex A
samples taken at the All essential characteristics
manufacturing plant of Table ZA.1 relevant for
by the manufacturer in the intended uses which are
accordance with the declared
prescribed test plan
45.
Essential characteristics
relevant for the intended
An assessment of
use which are declared,
the performance
namely:
of the construction
product carried out on - Resistance to fire
the basis of testing
- Anti-bullet 5.2
(including sampling),
calculation, tabulated - Anti-explosion
values or descriptive
- Durability /conformity
documentation of the
of the product declaring
product
at least one of the
characteristics above
Parameters related to the

following characteristics
Tasks for
of Table ZA.1 relevant for
the notified
the intended use which are
product
Initial inspection of declared, namely:
certification
manufacturing plant and 5.4
body - Resistance to fire
of FPC
- Anti-bullet
- Anti-explosion
Documentation of FPC.
Parameters related to the

following characteristics
of Table ZA.1 relevant for
the intended use which are
Continuing surveillance, declared, namely:
assessment and 5.5
- Resistance to fire,
evaluation of FPC
- Anti-bullet
- Anti-explosion
Documentation of FPC
46.
This table is perhaps easier to understand than the more general AVCP system
shown earlier. It can be clearly seen which characteristics are tested by or under the
direct responsibility of the notified product certification body. But, although all other
characteristics fall under the responsibility of the manufacturer (meaning AVCP Sys-
tem 3 or 4), this cannot be seen from this table. It has to be derived from reading the
two following tables.
47.

AVCP
to apply

Tasks for the Factory production 5.3 and
manufacturer control (FPC) Annex A
declared
Essential characteristics
relevant for the intended
use which are declared,
namely:
- Reaction to fireb
- External fire
The notified laboratory performancea
shall assess the
- Burglar resistance
performance on the
basis of testing (based - Pendulum body impact
Tasks for
on sampling carried out resistance
a notified 5.2
by the manufacturer),
laboratory - Direct airborne sound
calculation, tabulated
insulation
values or descriptive
documentation of the - Thermal properties
construction product.
- Radiation properties:
- light transmittance
and reflection
- solar energy
characteristics
- Durability of the product
a) For products requiring testing.

b) For Euroclasses A1, A2, B, C, D, E, under system 3.
48.
49.

AVCP
to apply
An assessment of the
performance of the All essential characteristics
construction product of Table ZA.1 except those
on the basis of testing, listed in Tables ZA.3.1 and
ZA.3.2 5.2
calculation, tabulated
values or descriptive Durability of characteristics
documentation of that under AVCP System 4
Tasks for the product
manufacturer

Factory production 5.3 and
control (FPC) Annex A
declared
50.
Table ZA.3.2 above indicates which characteristics come under AVCP System 3, and
these same characteristics are also under System 3 for products which come within
System 1 according to Table ZA.3.1. It follows from this that the only characteristics
which fall under AVCP System 4 are those which are not tested by the certification
body (Table ZA.3.1) or by the notified test laboratory (Table ZA.3.2). Note that re-
action to fire is not included as an AVCP System 1 characteristic in Table ZA.3.1,
because glass products are not of a type which requires System 1 testing.
3.3. Selecting conformity assessment bodies
All notified bodies are listed on the EU’s NANDO web site:
From this page, selecting “Free search” brings up the following page:
Free search
All legislation
Keyword On Body
Keyword On Legislation
Keyword On Articles/Annexes
Keyword On Procedures
Keyword On Products
Construction Products Legislation only

Keyword On Decisions
Keyword On Intended uses
Keyword On AVCP system
Keyword On Tecnical specifications
Keyword On Body function
The most useful search is “Keyword on Technical specifications”, which is where

the number of the standard can be inserted. This leads to a list all notified bodies
working under that standard. For example, searching using “EN 197-1”, Common
cements, leads to a list of all notified bodies, of which the following picture shows
the first few.
51.
Found : 85
Bodies
Search criteria :
Technical specifications : EN 197-1
Withdrawn/Expired/Suspended Notifications/NBs are not displayed in this list,

you can find them in the Body module under the hyperlink
"Withdrawn/Expired/Suspended Notifications/NBs"
Body type Name▲ Country▲
► NB 0038 Lloyd's Register Verification Limited United Kingdom
► NB 0050 National Standards Authority of Ireland (NSAI) Ireland
► NB 0068 Mit International Testing S.r.l. Italy
► NB 0086 BSI United Kingdom
► NB 0099 AENOR INTERNACIONAL Spain
► NB 0302 ANCCP Certification Agency Srl Italy
► NB 0333 AFNOR Certification France
► NB 0370 LGAI TECHNOLOGICAL CENTER, S. A./Applus Spain
Once a manufacturer has identified which AVCP system applies for his product/
intended end use (which is the manufacturer's responsibility, not that of any notified
body), and as long as this is not System 3 or 4, he should approach, first, the product
certification body (Systems 1+ and 1) or the FPC certification body (Systems 2+).
Under Systems 1+ and 1, the product certification body takes overall responsibil-
ity for sampling products for all product type determination and for ensuring that
all tasks are performed correctly, and there is a risk that, if the manufacturer ap-
proached a notified test laboratory and had tests done, or did tests himself, before
approaching the certification body, the latter might raise concerns, especially about
how the products were chosen for testing.
Under System 2+, it is possible that the tasks of both FPC inspection and FPC certifi-
cation are undertaken by the same body but, even if this is not the case, any inspec-
tion is done under the direct control of the FPC Certification Body. So any manufac-
turer who approached an inspection body first might find that the certification body
would not subsequently accept the results of the inspection as the basis for issuing
an FPC certificate. Under this system, however, the FPC certification body has no
say over which notified test laboratory(ies) the manufacturer chooses, nor over the
competence of the manufacturer himself when he is performing tests himself.
52.
Under System 3, the manufacturer needs to approach as many notified bodies as

are necessary to test all characteristics which require notified test laboratory testing,
and no one notified body has any say over the other bodies chosen by the manufac-
turer.
Under System 4, all initial type tests are performed by the manufacturer himself and
no notified body is involved. However, if the manufacturer chooses, for any reason
(for example he does not have the necessary test facilities), he is entitled to have
the tests done by any external body, which may or may not be notified. In this case,
though, the body would not be operating as a notified test laboratory. The manufac-
turer is also entitled to seek advice from notified bodies at any stage of the AVCP
process but, equally, he should be aware of his rights and obligations, to satisfy him-
self that any advice he receives is indeed correct.
A manufacturer only needs to obtain the CE marking once, from one or one set of
notified bodies to allow him to trade his product throughout the EEA. Member States
cannot insist on having the product re-tested or re-assessed by their own notified
bodies. Equally, a manufacturer may approach notified bodies in any of the Member
States, and does not have to use those bodies in his own Member State or those in
the receiving Member State. In principle all notified bodies are equally competent,
and Member States cannot discriminate against products assessed by any notified
body. The choice of which bodies to use, however, may be subject to the following
considerations:
• the manufacturer may be familiar with ‘local’ bodies and there will be no lan-
guage difficulties working with these,
• on the other hand, a notified body in the country of destination of the product,
when exporting, may be able to provide valuable information about local mar-
ket conditions and requirements,
• purchasers may have a preference for products evaluated by notified bodies in
their country.
Manufacturers outside the EU may approach notified bodies in any of the Member
States but may well be best advised to approach ones in their largest market. Until
Western Balkan countries sign a trade agreement with the EU, they cannot have their
own notified bodies (but EU-based bodies may have branches in these countries).
A Western Balkans manufacturer must use a notified body based in the EU/EFTA to
trade in the EEA but for national trade or trade with neighbouring countries, there is
no such limitation.
53.
3.4. The notification process
The term 'notification' applies to the procedure by which a Member State informs the
European Commission, and thereby all other Member States, that it considers a body
established in its territory to be competent to perform one or more of the three AVCP
tasks. Successful notification means that the body can then perform the task(s) for
which it is notified, in support of a request for CE marking from a manufacturer.
Although the detailed provisions for notification differ a little between Member
States, the same basic principles apply to all Notified Bodies:
a) product certification and FPC certification bodies are notified against indi-
vidual harmonised product standards and cannot, therefore, provide AVCP
services for products for which they are not notified (a body may, of course,
seek to extend the scope);
b) test laboratories are notified against the specific test(s) they are competent
to perform, generally by reference to European test method standards where
these exist, otherwise to whichever document contains the test. Because the
notion of 'testing' also applies to calculation, bodies may also be notified to
perform calculations;
c) all notified bodies must demonstrate their competence to their notifying
Member State and, in many cases, this will be by national accreditation to
the standards ISO/IEC 17065 for product certification, ISO/IEC 17065 or ISO/
IEC 17021 for FPC certification and ISO/IEC 17025 for testing/calculation.
However, not all notified bodies need to be accredited (especially laborato-
ries offering specialist tests where the volume of testing does not justify
accreditation);
d) a notified body is entitled to sub-contract some of the AVCP tasks for which
it is responsible (for example, a product certification body may sub-contract
FPC inspection and testing). It cannot, though, sub-contract all of its activi-
ties nor can it sub-contract responsibility;
e) a Member State may notify as few or as many notified bodies as it wishes,
and may notify more than one body to offer exactly the same tasks for the
same products. Bodies not established in one of the EEA countries or in
countries which have no free trade agreement with the EU cannot currently
be notified, although they may operate under sub-contract to a duly notified
body;
f) unless they have specific reasons to think otherwise, all Member States
must consider all duly-notified bodies as equally competent.
54.
Because the different AVCP systems may involve different bodies performing dif-
ferent tasks, which bodies are notified for any product or family of products will
depend on which system(s) apply. Bodies working under sub-contract to another
notified body do not, themselves, need to be notified for the tasks they perform un-
der sub-contract, but they may be notified for the same tasks for other products or
attestation systems. For example, a test laboratory performing tests under sub-con-
tract for products under attestation System 1 does not need to be notified for these
products but may be notified for the same or different tests under System 3.
SECTION 4 – STEP 4: APPLYING THE STANDARD
4.1. Selecting the characteristic(s) to be assessed
As explained in Section 2, many hENs cover both essential characteristics and

non-essential characteristics. To meet the provisions of the CPR, only essential char-
acteristics (those identified in Annex ZA.1) need to be considered. The following
table, taken from the draft prEN 14351-1 Windows and doors – Product standard,
performance characteristics – Part 1: Windows and external pedestrian doorsets illus-
trates this.
55.
Characteristics for windows from prEN 14351-1
ESSENTIAL CHARACTERISTICS NON-ESSENTIAL CHARACTERISTICS
Release of dangerous substances Total solar energy transmittance
Impact resistance Light transmittance
Acoustic performance Manual operating forces
Water-tightness Mechanical strength
Resistance to wind load Ventilation
Thermal transmittance Bullet resistance
Air permeability Explosion resistance
Radiation properties Resistance to repeated opening and

closing
Load-bearing capacity of safety Behaviour between different climates

devices
Frame area ratio FF Burglar resistance
Mechanical performance of bonded

Child safety
glazing
Durability
56.
It is purely by chance that there are almost as many essential as non-essential char-
acteristics. Some hENs contain only essential characteristics (e.g. cement) while, at
the other extreme, the hEN for shower trays has only one essential characteristic.
Most hENs have something in between. It is not within the scope of this guide to
discuss non-essential characteristics. A window manufacturer wishing to trade in
the EU would, though, need to identify which of the non-essential requirement are
needed by his customers, and then declare them accordingly. This forms part of the
market assessment process described above.
The choice for the manufacturer of which essential characteristics to declare is im-
portant, though, from the point of view of the CPR. The draft standard gives some
guidance on this so, for example, two of the durability against ultraviolet (UV) radi-
ation requirements apply only to plastic windows. Child safety is shown as being
relevant only where there is a risk of falling from a height, acoustic performance is
indicated as only “When required”, while thermal transmittance and air permeability
are shown as “only for uses where thermal performance is required”.
The CPR always requires that at least one essential characteristic is declared with a
performance. A manufacturer who declares all, or most, of the essential character-
istics maximises the possible end uses of his products. But knowing which charac-
teristics have to be declared is an important part of the ‘market assessment’ which
the manufacturer needs to do. For example, windows sold in Germany must achieve
at least reaction to fire Class E, so a manufacturer aiming for the German market
would have to declare reaction to fire. Other Member States might not have reaction
to fire requirements on windows (at least not for some intended end uses) and so,
for these markets, no assessment of reaction to fire is needed.
4.2. Applying the AVCP system
Section 3 above covered who does what within AVCP; this section looks at what has
to be done, namely product-type determination and factory production control. In
most cases, hENs specify what has to be done for these two tasks, but this section
gives some further explanation. The two following sections look at simplifications
offered both by the CPR itself and by standards.
Product standards contain a set of performance characteristics which apply to the

product. These can be described in several different ways and the following are typ-
ical examples:
57.
• declared performance, where the product is tested and the result declared,
with no limitation on the value to be obtained; this is the case for most product
characteristics;
• threshold values, which are values which, if the manufacturer chooses to de-
clare the characteristics to which such values apply, have to be met or exceed-
ed;
• classes, usually defined by a lower and an upper value between which the
product’s performance has to fall;
• pass/fail requirements (the term ‘pass/fail’ is misleading because usually the
product must ‘pass’). Pass/fail is no longer permitted in hENs (although they
continue to exist in older standards, but most pass/fails can be converted into
threshold values).
All AVCP clauses contain a sub-clause entitled “Product-type determination” or

equivalent (“Initial type testing” in older standards), identifying how the character-
istics of the products are tested or assessed (which may contain a section entitled
“sampling”) and a sub-clause entitled “Factory production control”. Product-type de-
termination (PTD) is often by testing, but other means of assessment may equally
be used, such as:
• calculation (for example of structural performance),

• use of tabulated data (for example of thermal conductivity),
• ‘deemed to satisfy’ provisions (for example products of reaction to fire Class
A1).
All provisions of AVCP included in an hEN are equally binding for both manufac-
turers and any notified bodies. This means, for example, that where an hEN sets a
minimum frequency of testing, no manufacturer can comply with the hEN by using
a lower frequency and, equally, if his products fully conform to the hEN at the mini-
mum frequency level, no notified body may oblige the manufacturer to use a higher
frequency.
All essential characteristics (for which the manufacturer declares performances)

are subject to PTD when the manufacturer first applies an hEN. This also applies to
existing products, even if they have been in production for some time. Not all char-
acteristics identified in a standard are necessarily compulsory for CE marking. This
may be either because of the intended end use of the product (e.g. sound insulation
does not need to be declared if the product is not intended to be used to provide
sound insulation) or because the characteristic is not subject to regulation in the
Member State(s) where the product is placed on the market. In either of these cases,
the manufacturer is entitled to use the “No Performance Determined” option.
58.
When applying the provisions of the standard, the requirements for PTD must be fol-
lowed, using the test or assessment method specified, and results must be declared
in accordance with whatever the standard requires. Where a standard provides for
an assessment method other than testing, it is entirely the responsibility of the man-
ufacturer to decide which method to follow.
Factory production control (FPC) means the permanent internal control of produc-
tion exercised by the manufacturer. FPC allows a manufacturer to ensure that the
performances he declares (obtained on the basis of PTD) continue to be valid for
all subsequent products. This generally involves ensuring that subsequent products
remain substantially the same as those submitted to PTD. In general, FPC is relevant
to all characteristics. However, this does not mean that all characteristics have to
be subject to testing, or that the same tests used for PTD have to be used for FPC.
FPC may involve control by indirect means or may involve the use of test methods
different (usually simpler and cheaper) from those used for PTD.
FPC often involves different stages of the production process: raw material control,
process control and finished product testing. Some standards set requirements on
some or all of these aspects but other standards may have requirements only on
finished product testing. Manufacturers and notified bodies (if involved) have to fol-
low whatever provisions are written into the standard, but a satisfactory FPC system
may well involve other aspects not identified in the standard. It is considered by
most standards that if the manufacturer uses an EN ISO 9001 management system
which is made specific to the requirements of the particular product, he has met the
FPC requirements of the CPR, although he is not obliged to do this.
The figure overleaf shows the tasks done by the manufacturer, and by the notified
product certification body, for products coming under AVCP system 1 or 4, by way
of example.
4.3. Simplified procedures of the CPR
The CPR provides a number of simplifications or exemptions from its full provisions,
and each of these is described briefly here. The main idea of these is to reduce the
burden on manufacturers, when it is appropriate to do so.
Article 5: this is intended to exempt some products from the full obligations of
the CPR. The exempted products are:
59.
• individually manufactured products or products custom-made in a non-series

process in response to a specific order, and installed in a single identified con-
struction works, by the manufacturer,
• products manufactured on a construction site for incorporation in the con-
struction works on that same site,
• products used in heritage conservation and for renovating construction works
of historical or architectural merit.
The article gives an exemption from drawing up the DoP (and therefore from CE
marking). The wording of the article is, however, unclear, so it is difficult to know
whether products are also exempt from applying a relevant hEN. Because of this
uncertainly, the article is perhaps not applied as much as it ought to be.
Article 36: this covers three different simplifications:
• “without testing” or “without further testing”, which is usually applied for fire
performance, is where the Commission publishes a Delegated Act stating that
products of a certain specification achieve a defined performance. The text of
the Act usually appears in the hEN and all manufacturers may follow it;
• “shared PTD”, which may be used when one manufacturer produces a product
which is the same as that from another manufacturer and which has already
been tested. With the permission of the second manufacturer, the first one
may use the same test results;
• “cascaded PTD”, which is used when a ‘system holder’ tests a product made
of components (e.g. a window) and then authorises other manufacturers to
produce the same products and to use the system-holder’s test results.
How to use Article 36 appears specifically in some hENs (e.g. doors and windows,
and road crash barriers), but may be used for any situation where the conditions
above are met.
Article 37: this allows micro-enterprises to use different assessments from those
defined in hENs, which are usually simpler and cheaper, for PTD, as long as they
explain this in Specific Technical Documentation (STD). This article is rarely used,
however, because of the need to show equivalence between the alternative method
and the method in the standard, because of confusion over exactly what has to be in
the STD, and because it does not always lead to particularly significant cost savings
for micro-enterprises.
60.
61.
Manufacturer identifies hEN Manufacturer identifies hEN
Manufacturer contacts product

certification body
Tasks identified
Certification body Manufacturer Manufacturer
Inspects Samples Possibly does Operates Does tests Operates

FPC system products for some PTD FPC system himself FPC system
testing
Does
Does some or Tests done by
tests
all PTD notified test
himself
lab
Compiles all data
Issues certificate of
product performance
Manufacturer
prepares declaration
of performance
Affixes CE marking
Places product
on the market
AVCP System 4 AVCP System 1
62.
Article 38: similar to Articles 5 and 37, where manufacturers of individually man-
ufactured or custom-made products may use a different AVCP system than given
in the hEN, as long as this is shown to be equivalent to following the defined AVCP
system. This article is now often used, for the same reasons as for Article 17.
4.4. Simplified procedures of standards
The main simplification offered by hENs (apart from where simpler assessment
methods are permitted as alternatives to testing) is the concept of 'families'. A fam-
ily is defined as "A group of products where it is considered that the results for a
given characteristic from any one product in the family are representative of all other
products within that same family. Products may be grouped into different families
for different characteristics". Manufacturers have to decide for themselves whether
their products can form a family or not, and what is a family for one manufacturer
might not be a family for another manufacturer.
Two examples illustrate the principle of families. Windows of different sizes are
made by one manufacturer using the same design for all sizes. All windows may be
in the same family for the characteristic “water-tightness”. Panel products are pro-
duced in different thicknesses but of the same material. Testing the thinnest panel
for impact resistance means that all thicker panels are in the same family.
SECTION 5 – STEP 5: THE DECLARATION OF PERFORMANCE

(DOP) AND CE MARKING
5.1. Drawing up the DoP
The rules for drawing up the DoP were originally given in Annex III of the CPR itself,
and the CPR rules were included in some hENs, in particular those dated around
2013-2014. In February 2014, however, the Commission published a Delegated Act
updating the content of the DoP and it is this, irrespective of what might appear in
hENs, which has to be followed. According to the Delegated Act, the DoP of any con-
struction product covered by an hEN has to contain the following:
63.
DECLARATION OF PERFORMANCE
No.. . . . . . . . . . . . . .
1. Unique identification code of the product-type:
2. Intended use/s: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. Manufacturer:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. Authorised representative1: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. System/s of AVCP: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6a. Harmonised standard1: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Notified body/ies1: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6b. European Assessment Document1: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
European Technical Assessment1: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Technical Assessment Body1: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Notified body/ies1: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. Declared performance/s: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8. Appropriate Technical Documentation and/or

Specific Technical Documentation1:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The performance of the product identified above is in conformity with the set of
declared performance/s. This declaration of performance is issued, in accordance
with Regulation (EU) No 305/2011, under the sole responsibility of the manufacturer
identified above.
Signed for and on behalf of the manufacturer by: [name1] . . . . . . . . . . . . . . . . . . . . . . .
At [place1]. . . . . . . . . . . . . . . on [date of issue1] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[signature1]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1) Unused entries may be deleted. Text in square brackets may also be deleted.
64.
The following rules and principles apply to the filling out of the DoP:
1) The number of the DoP and the Unique Identification Code (UIC) are decid-
ed by the manufacturer, and relate to just one product-type. These numbers
may be the same.
2) The set of performance values must be linked uniquely to one product-type.

Because of this, a DoP generally only covers one type of product. If there
are variants of a product which do not affect its performance (e.g. size and
colour), such variants could be covered by the same DoP. If variants of the
same product are included in the same document, each variant must have its
own number, UIC and performance values.
3) The intended use or uses should be the same as given in the hEN applied
(unless the manufacturer proposes a more limited use). If the standard cov-
ers only general uses (e.g. “for use in construction”, this is the use described.
4) The AVCP system or systems listed are all those applied (see above), not the
highest one. If, for example, a product comes under Systems 1, 3 and 4, all of
these are given.
5) If an hEN is applied, the manufacturer has to provide the reference number

of the standard and the date of the version applied, the identification number
(from NANDO) of each notified body, and the name of each body. If an EAD
is applied, the number and date of issue of both the EAD and the ETA, the
name of the Technical Assessment Body, and the identification number of
each notified body has to be given.
6) The performance information is the longest section of the DoP, and may be
several pages long. It may be completed using a table. It needs to include a
list of all the essential characteristics relevant for the end use or uses given
in 3) above, taken from the appropriate table in Annex ZA.1 of the hEN. Each
essential characteristic has to be accompanied by a performance or “No
performance determined” (NPD).
Performance is given by whichever means is permitted by the hEN, i.e. a
level of performance (possibly with tolerances, if the hEN specifies this) or a
class. If the value has been obtained by calculation, it is the calculation result
65.
which is declared. The one exception to this is that, for structural behaviour,
performance may be expressed by referring to the production documenta-
tion or structural design calculations. In this case, these documents shall be
attached to the DoP.
If the performance of a product depends on the way in which it is installed,
or used with other products, this information needs to be included. The DoP
may indicate which AVCP system has been applied to each characteristic,
but this is not usually done.
7) The signature should be of the person who is most able to take responsibil-
ity for the performance of the product. It might, therefore, be the production
manager or the quality manager, rather than the managing director.
8) The information does not have to be presented in the order presented above,
although most manufacturers do follow this order.
The example below shows a completed DoP.
Declaration of Performance
1 Product code 801

2 Product type Pumice solid blocks of 215 mm high
3 Intended use In walls, columns and partitions
4 Company name and address XXXXXX
YYYYYY
ZZZZZZ
5 AVCP system System 4
6 Harmonised standard BS EN 771-3:2011 + A1:2015
7 Declared performance:
66.
ESSENTIAL CHARACTERISTICS PERFORMANCE
Dimensions Length 440mm
75mm 90mm 100mm

Width 115mm 140mm 150mm
190mm 200mm 215 mm
Height 215mm
Tolerance D1
Shape and features NPD

Configuration
Group to EN 1996-1 Group 1 (Solid)
7.3 – 10.4 N/mm2

Mean comp. strength
(Unit strength)
Compressive strength Perpendicular

Direction of load
to bead faces
Unit category Category II
Dimensional stability < 0.6mm/m
0.15 N/mm2
Bond strength Shear bond strength
(tabulated value)
Flexural bond strength NPD
67.
Reaction to fire A1
Water absorption NPD
Water vapour
5/15 (Tabulated value)
permeability
Gross density 1 350 kg/m3

Direct airborne sound
insulation (in end use
conditions) / Density Configuration,
and configuration dimensions and Group 1 (Solid)
tolerances
Effective lambda
value / density and
configuration (for units
λ 0.29 W/(mk)10, dry mat
used in elements subject
to thermal insulation
requirements)
Durability against
1 350 kg/m3
freeze/thaw
Dangerous substances Pass
8) The performance of the product identified in Points 1 and 2 is in conformity

with the declared performance in Point 7. The declaration of performance is
issued under the sole responsibility of the manufacturer in Point 4.
68.
Signed for and on behalf of the manufacturer by:
Name: XXXXXX, Production manager

Signature: Date: 01/11/2015
5.2. Supply of the DoP
There are two ways in which the DoP may be made available: either on the manufac-
turer’s website, in which case the CE marking needs to refer to the unique part of the
site which gives the specific DoP, or on paper accompanying the product or batch
of products. If the recipient of the product requires it, the DoP has to be supplied on
paper.
The DoP needs to be supplied in “the language or languages required by the Member
State where the product is made available”. This does not automatically mean the
official language(s), but manufacturers should check what language the DoP needs
to be supplied in. The CPR provides for National Contact Points (NCP), set up to pro-
vide guidance to a manufacturer on what he needs to do to place his products on the
market of their Member State; the NCP can provide information on the language(s)
needed for the DoP.
Manufacturers are required to keep the DoP available for at least 10 years after they
last make the product covered by the DoP available on the market.
5.3. Drawing up and supplying CE marking
As with the DoP, some existing hENs may have specifications and an example of the
CE marking in Annex ZA.3. Some of these examples are still from the CPD and must,
therefore, be ignored. Even in hENs published at around and after the CPR was ad-
opted (roughly 2013 onwards), which might also have provisions for and examples
of CE marking, these need to be followed with care because they might not be entire-
ly correct. More recent hENs do not specify what the CE marking has to contain, and
they contain no examples so, instead, manufacturers have to refer to the CPR itself.
The CE marking has to be affixed visibly, legibly and indelibly to the construction
product itself or to a label attached to the product. If this isn’t feasible or sensible,
it shall be fixed either to the packaging or to the accompanying documents (e.g. a
delivery note). The CE marking symbol has to be followed by the following:
69.
• the two last digits of the year in which it was first affixed; this means the date
that a product was placed on the market for the first time and, therefore, it
remains unchanged for as long as the performance of the product remains
unchanged;
• the name and registered address of the manufacturer, or the identifying mark
allowing identification of the name and address of the manufacturer;
• the unique identification code of the product-type, as given in the DoP;
• the reference number of the declaration of performance;
• the level or class of the characteristics for which performance is declared, al-
though characteristics which, in the DoP, have “NPD” do not have to be shown
with the CE marking;
• the reference to the harmonised technical specification applied;
• the identification number of the notified body, if applicable;
• the intended use as laid down in the harmonised technical specification ap-
plied;
• a pictogram or any other mark indicating a special risk or use, if relevant.
The CPR states that the CE marking is the only marking which can be used to declare
the performance of essential characteristics. This means, in particular, that quality
marks are no longer permitted as a means of declaring essential characteristics.
Member States are, equally, not allowed to require any other marking of products,
and must allowed CE marked products to be placed on their markets without any
further assessment.
The example CE marking below corresponds to the example DoP shown previously.
70.
15
Company XXX address
BS EN 771-3:2011 + A1:2015
DOP: 801
Pumice solid blocks of 215 mm height
Category II, Aggregate concrete masonry unit
Dimensions: 440 x 215 mm

Thicknesses: 75, 90, 100, 115, 140, 190, 200, 215 mm
Dimensional tolerances: Category D1
Configuration: Group 1 (Solid)
Mean compressive strength: 7.3 – 10.4 N/mm2
Dimensional stability: moisture movement:< 0.6 mm/m
Shear bond strength: 0.15 N/mm2 (tabulated value)
Flexural bond strength: NPD
Reaction to fire: Euroclass A1
Water absorption: NPD
Water vapour diffusion coefficient: 5/11 (tabulated value)
Direct airborne sound insulation: Gross dry density 1 350 kg/m3
Configuration Group 1 (Solid)
Thermal conductivity: λ = 0.29 W/(mK)10, Dry Mat
Durability against freeze-thaw: Pass
Dangerous substances: NPD
71.
5.4. Other documentation
CPR Article 11.6 requires that manufacturers shall ensure that the product is ac-
companied by instructions and safety information in a language determined by the
Member State concerned, which can be easily understood by user. It is left to the
manufacturer to decide what information is adequate to meet this requirement.
SECTION 6 – STEP 6: MAINTAINING PERFORMANCE
6.1. Factory production control
Factory production control (FPC, see 4.2) means the permanent internal control of
production exercised by the manufacturer. FPC allows a manufacturer to ensure that
the performances he declares (obtained on the basis of PTD) continue to be valid for
all subsequent products. This generally involves ensuring that subsequent products
remain substantially the same as those submitted to PTD.
In general, FPC is relevant to all characteristics. However, this does not mean that
all characteristics have to be subject to testing, or that the same tests used for PTD
have to be used for FPC. FPC may involve control by indirect means or may involve
the use of test methods different (usually simpler and cheaper) from those used for
PTD.
As will be explained in 6.3 below, it is important that manufacturers ensure that they
are always fully up to date and are applying the current version of an hEN. For this
reason, it is worthwhile for manufacturers to have a procedure for regularly reviewing
the hEN they apply, together with any normative references in this hEN which might
themselves change. FPC is not limited to the requirements of the CPR, it should
extend to other regulatory areas (in particular dangerous substances) and to any
non-essential characteristics declared by the manufacturer. In addition, FPC does
not have to be based on testing. If, for example, the manufacturer uses documentary
evidence to satisfy some of his needs (e.g. control of raw materials), then his docu-
mented FPC system should include procedures for dealing with this.
6.2. Ongoing AVCP activities
Unless something changes which affects the declared performance of the product
(see below), there is no repetition of product-type determination (PTD), irrespective
of which system of AVCP this assessment is done under. For products under AVPC
Systems 3 or 4, therefore, once PTD is done initially, it is not repeated.
72.
For products under AVCP Systems 1+, 1 or 2+, there are some tasks which are
periodically repeated:
• routine surveillance, assessment and evaluation of factory production control.

This is typically done once per year but might, if an hEN specifies it, be more
frequent. The notified body has to follow any frequency set in the hEN, and is
not permitted to increase it as long as the surveillance raises no issues which
require correction. Even if adjustments or corrections to the FPC system are
required, this is usually verified by documentary check, rather than a further
assessment;
• audit testing of samples (AVCP System 1+ only) taken by the notified product
certification body from the manufacturing plant or the manufacturer’s storage
facilities. As for FPC above, hENs should set appropriate frequencies and con-
ditions for such audit testing but, if it is missing, all notified bodies involved
with that particular product will meet within the Group of Notified Bodies (GNB)
and define this for themselves;
- further testing of samples taken from the manufacturing plant by the manu-
facturer in accordance with a prescribed test plan. This is effectively FPC test-
ing; it can be performed by the manufacturer himself if he has the equipment,
or it can be performed by a third-party test laboratory. It does not involve any
notified body. Some hENs consider that, if normal FPC testing frequencies are
adequate to properly control the product’s performance, no further testing is
required.
The outcome of the routine intervention of the notified body or FPC certification
body can be the re-issue of the product or FPC certificate, the restriction or sus-
pension of the certificate, or the withdrawal of the certificate (apart from re-issue,
however, there is no ‘renewal’ of the certificate which involves repeating PTD or the
initial assessment of the FPC system). If the certificate is restricted or suspended,
the certification body will explain the reasons to the manufacturer and will usually
give a period of time within which the manufacturer should correct whatever is nec-
essary. While the certificate is restricted, suspended or withdrawn, the manufacturer
may not continue to sell his products.
The outcome of further testing of samples by the manufacturer is the same as the
outcome from any other FPC control. As long as the results remain within any per-
mitted tolerances, the manufacturer may continue to sell his products. If the results
indicate that the product’s performance has fallen, the manufacturer must either
take corrective actions or adjust his DoP and CE marking accordingly. For products
73.
under any AVCP system other than System 2+ or 4, the manufacturer is not permit-
ted to use FPC results to increase the performance levels he declares for his prod-
uct, however.
6.3. What to do when something changes

A construction ‘product-type’ is best understood as the combination of: the product,
its specification, its design and its materials or components (if relevant), its pro-
duction process, its production control process and the hEN applied to it. If one or
more of these aspects changes, the manufacturer needs to assess the effects of the
change to determine whether the declared performance is likely to change (in partic-
ular if it might get worse) and, therefore, whether retesting or reassessment is need-
ed (these changes do not relate to normal variations within production tolerances).
As long as nothing changes, however, there is no obligation to perform product-type
determination more than once.
If a manufacturer uses raw materials or components, and knows in advance that he

will use several different suppliers of these, he should try to have this fact stated in
any test or assessment reports he holds. By doing this, if he is asked to prove the
performance of his products, he has the necessary reports to demonstrate this, irre-
spective of which supplier he is using at the time.
Changing raw materials, especially if they have exactly the same specification, should
not normally mean a change of ‘product-type’. Care may be needed with some raw
materials though, in particular plastics-based ones. Sometimes plastics suppliers
simply stop supplying the type of plastic previously used, forcing manufacturers to
change to a different type. Sometimes the main specification of the plastic remains
the same, but one or more less important aspects might change.
A change of FPC personnel does not mean a change of product-type, because it is

assumed that the manufacturer will ensure that all personnel are adequately trained
and qualified. A change to FPC test equipment, or a reduction in frequency of FPC
checks or tests, may need to be considered a change and, for products under AVCP
Systems 1+, 1 or 2+, the certification body should assess such changes.
One of the hardest types of change for manufacturers to follow are changes to the
hEN. The hEN is not one single document but, instead, it is the hEN itself, together
with all normative references called up by that hEN (e.g. test methods) and, in prin-
ciple, standards called up from normative references. If a test method become less
demanding (e.g. the applied force is reduced), there should be no need to retest
the product unless the manufacturer wishes to declare a better result, but for some
changes it might be difficult for the manufacturer to know whether the change leads
to a change to his declared performance or not.
74.
75.
This is a complicated subject and it is beyond the scope of this short guide to go
into it in more detail. Manufacturers should, however, consider declaring lower per-
formance levels than those obtained from testing, giving them a greater margin of
safety when things change. It is also highly recommended that all manufacturers
have an “Assessment of changes” procedure as a part of their documented FPC sys-
tem, and that they record the results of any assessment of a change they perform.
The technical file, described above, should also be kept fully up-to-date.
SECTION 7 – STEP 7: DEALING WITH

MARKET SURVEILLANCE AUTHORITIES
7.1. Introduction
Market surveillance (MS) is a crucial part of any regulatory system for products and
this is equally true for construction products. It has two central roles: to protect us-
ers of products by ensuring that unsafe or non-conforming products are suspended
or removed from the market, and to ensure that local manufacturers are able to
compete fairly by verifying that the same conditions are applied to all manufacturers
and importers. In the process of doing this, it can prevent the ‘dumping’ of cheap
but possibly unsafe and non-conforming products onto the market, allowing local
products to compete among each other and with imports on a fair basis and on the
basis of quality rather than just price.
The CPR contains the same provisions on market surveillance as apply across all
EU legislation according to the provisions of EU Regulation 765/2008. This section
does not repeat the text of the CPR but, instead, explains what manufacturers might
expect when placing products on the market.
7.2. Market surveillance activities
As far as Member States are concerned, market surveillance involves two activities:
• monitoring products placed on their markets to ensure that they comply with
the provisions of the CPR and that they have the performance values declared
of them by the manufacturer,
• in the case of non-compliance, taking action either to ensure compliance or to
remove or suspend products from the market.
76.
In addition to their enforcement role, however, many MS authorities also have the
role of providing general advice and assistance to manufacturers (where this does
not conflict with their enforcement role) on exactly what they need to do to comply
with the regulation in the first place. This is because it is a lot easier and cheaper to
prevent non-conformities happening than it is to rectify them once they have already
happened.
There are ‘non-substantial’ and ‘substantial’ non-compliances. Non-substantial

non-compliance might include matters such as using the wrong size or proportions
of the CE marking symbol. Substantial non-compliances might include matters such
as a failure, by the manufacturer, to declare (or use NPD against) some character-
istics required by the harmonised European Standard or a failure of the product to
meet the performance levels declared for it by the manufacturer, when tested by the
market surveillance authority. Other substantial non-compliances could be the lack
of a test report to support the manufacturer’s declared performance levels, or FPC
records showing that the manufacturer had not met the FPC provisions given in the
hEN.
7.3. Market surveillance and manufacturers
All manufacturers placing products on the market have an overall responsibility to

ensure that the products placed on the market have the performance values de-
clared of them, that AVCP procedures have been correctly applied and that the prod-
uct has the required information. In general, manufacturers should find that, as long
as their products comply with the appropriate standard, they have no contact with
market surveillance authorities. One fundamental provision is that product perfor-
mance is determined before they are placed on the market, whereas MS is an activity
which occurs mainly after products are already on the market. Manufacturers must,
though, retain all appropriate documentation and be prepared to make this available
if necessary.
Although Member States’ authorities may request information where they doubt the
compliance of a product, they are not supposed to be asking to see these docu-
ments routinely or for all products; if this were the case, it would imply that the notion
of ‘presumption of conformity’ provided by the CE marking had broken down.
The outcome of market surveillance activities may be one of several. If a non-com-

pliance is discovered, the authorities will, in the first instance, request that the
manufacturer or his agent rectifies the non-compliance. If this is a non-substantial
non-compliance, such as a product not being CE marked when the CPR requires it
to be so, the authorities will request that this be dealt with (possibly suspending the
product from the market until it is). If the manufacturer, for whatever reason, refuses
to rectify the problem, his product may ultimately be restricted or prohibited from
77.
being placed on the market. The same principles apply in the case of a substantial
non-compliance although, because this is more serious, the product is likely to be
suspended, prohibited or withdrawn from the market immediately. The final possible
outcome is that the product is found to be fully conforming after all.
7.4. The role and responsibility of manufacturers
Apart from the need to maintain and present documents when requested by market
surveillance authorities, and of course to have followed the appropriate European
Standard in the first place, there are no additional direct responsibilities on manu-
facturers in respect of market surveillance. If an individual manufacturer’s product
is challenged by market surveillance authorities, the manufacturer (or his agent) will
normally be told what he is expected to do and it is clearly in his interest to do what
he is asked to do, or at least to enter into discussion with the authorities. Importers
and distributors also have an obligation to work with MS authorities, if asked to do so.
SECTION 8 – THE FUTURE OF THE CPR
8.1. Introduction
At the time of writing this Guide (early 2018), the CPR and its hENs are in something
of a state of flux. The European Commission is undertaking a wide-ranging public
consultation to seek ideas for a possible future revision of the regulation, while hENs
used to support it are also changing. A number of court cases has changed the
attitude of the Commission towards standards, and the full consequences of this
change have yet to become clear. It is not the role of this Guide to speculate on what
a revised CPR might look like, nor is it right to prejudge future hENs. Nonetheless,
readers of this Guide should be aware of possible changes, so that they are able to
continue to correctly advise manufacturers.
8.2. The Construction Products Regulation
Since it entered fully into force in mid-2013, a number of issues and concerns have
been raised related to the regulation, and respondents to the consultation are likely
to raise these. In no particular order of importance, these include:
• Duplication of information between the DoP and the CE marking: the perfor-
mance information which is given in the DoP has to be repeated with the CE
marking, which adds cost and inconvenience. In addition, when a DoP is sever-
al pages long, it is impractical to give all this information with the CE marking;
78.
• Article 5: this is intended to exclude some products from the full obligations of
the CPR, where these products are not conventionally ‘placed on the market’.
This typically means products manufactured in response to a specific order.
Article 5 is somewhat unclear, however, and this prevents many manufacturers
which could benefit from it, from actually doing so;
• Simplified procedures, in particular Articles 37 and 38, are supposed to permit
SME manufacturers (Art. 37) and all manufacturers (Art. 38) to use different
assessment methods than those defined in hENs. As with Article 5, howev-
er, there is no clear definition of the term “individually manufactured or cus-
tom-made in a non-series process in response to a specific order”, which is
the basis on which these simplified procedures may be applied. In addition, if
a manufacturer does use a different method, he has to demonstrate that it is
“equivalent” to the procedure in the hEN, which may be difficult.
Even if the various simplified procedures are clarified and become operational, they
provide simpler options only in respect of initial product-type testing, which is of little
benefit to manufacturers which, because of compulsory CE marking, have already
had these tests done. A cost which the CPR does not address is that related to fac-
tory production control.
There is no certainty that these, or other, issues will be resolved in any future revi-
sion of the CPR. It is important, however, that manufacturers monitor the developing
regulatory system to ensure that they follow the most up-to-date legal requirements.
8.3. Harmonised European Standards
For a number of reasons which are beyond the scope of this guide to explain, the
approach to hENs being adopted by the European Commission has changed over
the last few years. As explained above, many published hENs contain both essen-
tial characteristics (ECs) and non-essential characteristics (NECs), a practice which
works well for manufacturers and which also allows standards to be used for trade
outside of the EEA.
The Commission’s current approach appears to be to exclude all NECs from hENs
(or, in the future, to convert them into ECs), and to make standards into ‘pure’ hENs
which only support the CPR. As of early 2018, about 130 candidate hENs have not
been accepted by the Commission for citation in the Official Journal. Among the
justifications for non-citation raised, which are preventing hENs from being updated,
include:
79.
• standards using outdated formats, sometimes from the CPD;

• standards including new threshold levels and/or classes without having fol-
lowed the Delegated Act procedure to have these legally agreed;
• the need to remove the “Marking and labelling” clause. The CPR states that the
CE marking is the only marking which can show the performance of ECs. While
this is true within the EEA, the removal of this clause means that standards
give no marking instructions for products sold outside the EEA where the CPR
does not apply;
• the need to remove NECs, which includes issues such as dimensions and di-
mensional tolerances, which are often needed for trade. If NECs are excluded
from ENs, CEN may be obliged to develop two-part standards, one part being
the hEN, the other part covering NECs;
• the need to remove the Dangerous substances clause. Many published hENs
have only a very general requirement for manufacturers to respect all exist-
ing EU and national regulatory provisions on dangerous substances, without
identifying what these are. The Commission no longer accepts this clause
but, as yet, no satisfactory replacement wording has been found. If the dan-
gerous substances clause is removed from hENs (or if the publication of the
hEN in the Official Journal states that the clause does not apply for CE mark-
ing), it does not remove the obligation on manufacturers to meet dangerous
substances requirements; it simply means that dangerous substances will be
dealt with outside the provisions of CE marking;
• ‘one assessment method per characteristic’: many hENs contain a sensible
combination of assessment methods: tests for those who want the optimum
value, calculation methods and deemed to satisfy provisions. If one assess-
ment method is imposed (which will often be testing), it is likely to increase
costs and make the situation even more difficult to manufacturers of one-off
and low volume production;
• inadequate provision for one-off and low-volume products: many hENs, espe-
cially in respect of FPC provisions but also, to some extent, in respect of prod-
uct-type testing, are only written for series production in substantial volumes.
This makes it difficult, if not impossible, for manufacturers of such products to
comply properly with these mandatory standards;
• the need to remove provisions for drafting the DoP and CE marking from An-
nex ZA: market surveillance evidence shows that many manufacturers get the
DoP and/or CE marking wrong to some degree (it has to be noted, though,
that several published hENs do not contain the correct provisions, either, some
even still containing old CPD provisions). Nonetheless, if DoP and CE marking
provisions are removed, manufacturers will need to look elsewhere to find out
how they need to produce these two things.
80.
As for changes to the CPR itself, manufacturers and others need to keep up to date
with standards developments and ensure that they are applying the most recent
version of any hENs.
While it is unlikely that any manufacturer who applied an hEN in good faith would
have any difficulty with market surveillance authorities, it should be borne in mind
that, depending on how things develop between the Construction Products Regu-
lation and hENs, the situation could arise where complying with an hEN no longer
means full satisfaction of regulatory requirements, and it might also mean failure to
satisfy customer demands.
8.4. Other regulatory changes
As mentioned earlier, BWR 7 is likely to become more prominent, partly as it starts to

be included in hENs in the future and partly as more Member States start to include it
as a national regulatory requirement. Manufacturers and importers should be aware
that in some Member States they might already be supposed to be assessing BWR
7 even if it is not currently included in hENs. As and when it is included in hENs, it
will be like any other essential characteristic, however; manufacturers will need to
declare it for sales in Member States where it is required, but they will be able to
declare NPD for sales in other Member States.
A second area where, hopefully, the technical position will improve is that of danger-
ous substances. While the regulatory basis develops from time to time, the current
challenge is that many manufacturers are unaware of what they need to do (if any-
thing) to comply with the regulatory requirements placed on them. It is perhaps to
be hoped that hENs will be better written in the future to provide more guidance on
this subject.
81.
For products covered by other directives/regulations as well as the CPR (e.g. the
Ecodesign and Machinery Directives), manufacturers should be aware of possible
developments in these areas, although only a relatively few products are in this sit-
uation.
The final area which might see regulatory change is that of market surveillance. In
December 2017 the Commission put forward the draft Regulation on Compliance
and Enforcement. This is intended to help create a fairer internal market for goods by
encouraging more cooperation among national market surveillance authorities. This
will include sharing information about illegal products and ongoing investigations so
that authorities can take effective action against non-compliant products. The reg-
ulation will also help market surveillance authorities to improve checks on products
entering the EU market. Because 30 % of goods in the EU are imported, reinforced
inspection at ports and external borders is also proposed. Whether this has much
effect, though, will probably depend on whether Member States decide to devote
more resources to market surveillance and customs controls than they currently do.
SECTION 9 – ADDITIONAL SOURCES OF INFORMATION
There are many sources of information related to the EU, its institutions, its legis-
lation and the CPR and its processes in particular. An internet search will normally
find the necessary information. This section, however, gives a brief summary of the
main sources of information, including websites which give wider background infor-
mation to the EU.
Institutions and legal provisions
European Commission
Council of the European Union
EU Law
European Single Market
Both the European legislation and European Single Market web pages can be used
to find the text of the Construction Products Regulation, 305/2011 (CPR). The direct
website, which should be the first reference point for all CPR matters, is:
82.
The CPR
The above website gives access to a number of other relevant pages, but four are
mentioned specifically:
Step-by-step CE marking
CPR Frequently Asked Questions
Harmonised ENs
NANDO
Good guides to the CPR can be found on the UK government’s website and the
website of the UK’s Construction Products Association
Also of relevance is the “New Legislative Framework”, Regulation 765/2008 on ac-

creditation and market surveillance relating to the marketing of products, and Deci-
sion 768/2008/EC
New Approach and New Approach Directives, and the New Legislative Framework
The ‘Blue Guide’ has for a long time been considered to be the main source of infor-
mation related to EU Single Market legislation and CE marking. This Guide specifi-
cally does not cover the CPR, but it does, nonetheless, explain and underpin many of
the concepts on which the CPR works
Standardization and the construction sector
General information on the European Standards development process can be found

from the CEN-CENELEC
Specific standards drafting assistance can be found on the CEN
Under “Guidance for specification writers”, there are various useful documents cov-
ering the drafting of hENs under the CPR.
83.
The EOTA website, with details of all issues related to EADs and ETAs
MARKET SURVEILLANCE
RAPEX database (market surveillance):
https://ec.europa.eu/consumers/consumers_safety/safety_products/rapex/
alerts/repository/content/pages/rapex/index_en.htm
The internet-supported Information and Communication System for the pan-Europe-

an Market Surveillance of technical products (ICSMS)
Accreditation
ILAC
IAF
EA
UKAS
84.
GUIDANCE BOOKLET - Compliance with the EU’s Construction Products
Published by:
Quality Infrastructure in the Western Balkans
This project is funded jointly by the Swedish International Development Coop-
eration Agency (Sida) and the European Free Trade Association (EFTA). It is
implemented by the European Committee for Standardization (CEN) in support
of the EU accession objectives of the countries of the Western Balkans.
Authors:
Barbara Sorgato, Adam Pinney
British Standards Institution (BSI)
Editor:
David Norris
Consulting reviewer:
Harm Verster
Design:
Kato marketing i konsalting, Šabac
Printing:
Štamparija Topalović, Valjevo
Circulation: 750
Place and date of publication:
Belgrade, October 2018.
The content of this publication is the sole responsibility of the Quality Infrastruc-
ture in the Western Balkans project and can in no way be taken to reflect the
views of Sida, EFTA or CEN.
CIP - Каталогизација у публикацији -

Народна библиотека Србије, Београд
006.44:691(4)CPR(035)
SORGATO, Barbara
Compliance with the EU’s Construction Products Regulation
for manufacturers and importers : guidance booklet /
[authors Barbara Sorgato, Adam Pinney]. - Belgrade: Quality
Infrastructure in the Western Balkans, 2018 (Valjevo:
Topalović). - 84 str. : ilustr. ; 24 cm
Tiraž 750.
ISBN 978-86-81384-03-9
1. Pinney, Adam [аутор]
a) Грађевински материјали - Стандарди - Приручници
COBISS.SR-ID 269172236
This project is funded jointly by the Swedish International Development Cooperation Agency (Sida)
and the European Free Trade Association (EFTA). It is implemented by the European Committee for
Standardization (CEN) in support of the EU accession objectives of the countries of the Western Balkans.
Standards • Technical Regulations • Accreditation • Metrology • Conformity Assessment • Market Surveillance

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Construction

Compliance with the EU’s Construction Products Regulation

Standards • Technical Regulations • Accreditation • Metrology • Conformity Assessment • Market Surveillance

• identifying the market for construction products;

Most construction products are also covered by other EU legislation, in particular on

II. Introduction – What is the CPR, EU/305/2011.....................................................................13

II.1. General principles of CE marking.................................................................................13

II.2. Differences between the CPR and other legislation....................................................14

II.4. Some myths about the CE marking of construction products...................................20

III. Steps for manufacturers and importers................................................................................21

Section 1 – Step 1: Market identification...............................................................................23

1.1. The suitability of a product for a particular market....................................................23

1.3. Exemptions from the provisions of the regulation......................................................27

Section 2 – Step 2: Applying regulatory requirements..........................................................27

2.1. Identifying the relevant harmonised European Standard............................................27

2.1.2. Product standards..................................................................................................28

2.1.3. Finding the relevant product standards................................................................30

2.2. The European Technical Assessment route................................................................31

2.3. Basic Works Requirement 7 and other applicable legislation....................................33

2.3.1. Basic Works Requirement 7..................................................................................33

2.3.2. Dangerous substances..........................................................................................33

2.4. Responsibilities of different actors..............................................................................35

2.4.2. Organisations acting as ‘manufacturer’................................................................36

2.4.3. Responsibilities and actions of CPR actors.........................................................36

Section 3 – Step 3: Preparatory work.....................................................................................38

3.1. Preparing the technical file...........................................................................................38

3.2. Identifying the Assessment and Verification of Constancy of Performance

3.2.2. The AVCP systems in detail..................................................................................42

3.3. Selecting conformity assessment bodies...................................................................51

3.4. The notification process...............................................................................................54

Section 4 – Step 4: Applying the standard.............................................................................55

4.1. Selecting the characteristic(s) to be assessed...........................................................55

4.2. Applying the AVCP system...........................................................................................57

4.3. Simplified procedures of the CPR................................................................................59

4.4. Simplified procedures of standards.............................................................................63

Section 5 – Step 5: The Declaration of Performance (DoP) and CE marking......................63

5.1. Drawing up the DoP.......................................................................................................63

5.2. Supply of the DoP..........................................................................................................69

5.3. Drawing up and supplying CE marking........................................................................69

5.4. Other documentation....................................................................................................72

6.1. Factory production control...........................................................................................72

6.2. Ongoing AVCP activities...............................................................................................72

6.3. What to do when something changes.........................................................................74

Section 7 – Step 7: Dealing with market surveillance authorities.........................................76

7.2. Market surveillance activities.......................................................................................76

7.3. Market surveillance and manufacturers......................................................................77

7.4. The role and responsibility of manufacturers.............................................................78

Section 8 – The future of the CPR.............................................................................................78

8.2. The Construction Products Regulation........................................................................78

8.3. Harmonised European Standards................................................................................79

8.4. Other regulatory changes..............................................................................................81

Section 9 – Additional sources of information.........................................................................82

AVCP Assessment and Verification of Constancy of Performance

BWR Basic Works Requirement

European Committee for Standardization (one of 3 European

CPD Construction Products Directive 89/106/EEC

CPR Construction Products Regulation, EU/305/2011

DoP Declaration of Performance

EAD European Assessment Document

EEA European Economic Area

EFTA European Free Trade Association

EMC Electromagnetic Compatibility Directive

ETA European Technical Assessment