The new Construction Products Regulation (EU) 2024/3110 repeals Regulation (EU) 305/2011 and poses a new challenge for manufacturers of construction products, especially in terms of digitisation and sustainability.
(BOE).- The Official Journal of the European Union dated 18/12/2024 publishes Regulation (EU) 2024/3110 of the European Parliament and of the Council of 27 November 2024 laying down harmonised rules for the marketing of construction products and repealing Regulation (EU) 305/2011.
The new Construction Products Regulation (EU) 2024/3110 is of utmost importance as it is the legal basis laying down all the fundamental aspects of CE marking of construction products.
With reference to manufacturers of any construction product with CE marking, the construction products regulation 2024/3110 will affect them in the following aspects:
A European Commission expert group is set up. Its role is to monitor the harmonised technical specifications and the deployment of Regulation (EU) 2024/3110.
The European Commission will deploy the new regulation by means of ‘implementing acts’ (‘harmonised performance standards’) to establish, for example, the performance of a product, assessment methods or technical details.
The European Commission is also empowered to adopt ‘delegated acts’ to supplement or amend aspects of Regulation (EU) 2024/3110.
The regulation establishes the concept of ‘harmonised area’, i.e. EU countries where harmonised technical specifications lay down:
Member States must respect the harmonised area in their legal provisions, respecting the threshold values to be set. However, a derogation clause allows member states to specify national requirements for characteristics not regulated in the harmonised technical specifications, which must be notified.
The Commission will establish a ‘complaints portal’ to allow any natural or legal person to share complaints or claims about possible non-compliances with this Regulation.
Companies should provide more general product information, e.g. instructions for use and safety information.
It establishes the need for the “Declaration of performance and conformity”, which replaces the ‘declaration of performance’ of R (EU) 305/2011.
By drawing up the declaration of performance and conformity, the manufacturer assumes responsibility for the conformity of the product with its declared performance and with the applicable product requirements and becomes liable under Union and national law in matters of contractual and non-contractual liability.
The manufacturer shall label a product as ‘for professional use only’ if specialised knowledge is required to use it and shall show the label to customers before they are bound by a sales contract, including in the case of distance selling.
Products not labelled as ‘for professional use only’ shall also be considered as intended for non-professional users and consumers within the meaning of this Regulation and Regulation (EU) 2023/988.
Regulation (EU) 2024/3110 recognises the difficulties that micro-enterprises might face in being subject to the same rules as large companies. It therefore allows Member States to exempt micro-enterprises from certain obligations.
Finally, 3D products and used products are included within the scope of standardisation, as well as the regulation of online sales. The ‘spare part’ criterion is also incorporated.
The declaration of performance and conformity shall include the environmental sustainability performance of the product throughout its life cycle. The obligation will be phased in gradually.
In order to ensure transparency for users and to promote sustainable products, the Commission will establish specific environmental sustainability labelling requirements for certain product families and product categories.
The European Commission will establish mandatory minimum environmental sustainability requirements for construction products.
Regulation (EU) 2024/3110 sets out the essential environmental characteristics that will have to be declared.
The mandatory inclusion of environmental criteria in the declaration of performance and compliance with environmental criteria will be phased in gradually:
The European Commission will make available to manufacturers free software for the calculation of the environmental impacts generated by construction products throughout their life cycle.
Therefore, the new Regulation will now require manufacturers to also declare the environmental impact of their products, in the same way as they have done until now with regard to the structural resistance, reaction to fire or thermal or acoustic insulation of their products.
A 3+ assessment system is also established, consisting of the monitoring of the assessment of environmental sustainability by the notified body.
Finally, it establishes, in different articles, a strong link with Regulation (EU) 2024/1781 of 13 June 2024 on eco-design of sustainable products.
Member States shall register in a ‘single digital gateway’ all national laws, regulations and administrative provisions relating to construction products on their territory covered by the harmonised area.
The manufacturer shall provide by electronic means a copy of the declaration of performance and conformity for each product placed on the market, unless the declaration is included in the digital product passport.
After a transitional period, following the issuance of the relevant delegated act, manufacturers shall make a ‘digital product passport’ (DPP) available to stakeholders.
The digital product passport includes:
The digital product passport shall be linked to one or more data carriers and be accessible, by electronic means, to all operators.
The digital passport will have different levels of access and will facilitate the work of control bodies.
Regulation (EU) 305/2011 is repealed as of 8 January 2026. However, important aspects of R (EU) 305/2011 will remain in force until 8 January 2040:
The deadlines outlined above for the declaration of the environmental performance of products should also be taken into account.
We provide solutions
OAK has been developing CE marking and product standardisation projects since 2002. As a leading company in the sector, it advises and intervenes in all phases of the Factory Production Control System, intervening, of course, in the preparation of the technical dossier or the declaration of performance.
Since 2017, we have been developing type III environmental labels (DAP / EPD) UNE-EN 15804:2012+A2:2020/AC:2021 fully aligned with the requirements of the New Construction Products Regulation.
You can consult the European Regulation (EU) 2024/3110 on Construction Products in the attached link.