The Regulation (EU) 305/2011 (Construction Products Regulation) came fully effective, with all practical consequences, on 1 July 2013. Since then manufacturers are obliged to issue a declaration of performance for their “harmonised” construction products and CE mark them.
Also distributors who make such products “available on the market” i.e. distribute such products have to provide a copy of the declaration of performance to their clients and make sure the products are correctly marked.
With regards to the declaration of performance article 4 of the Regulation (EU 305/2011) states:
1. When a construction product is covered by a harmonised standard or conforms to a European Technical Assessment which has been issued for it, the manufacturer shall draw up a declaration of performance when such a product is placed on the market.
2. When a construction product is covered by a harmonised standard or conforms to a European Technical Assessment which has been issued for it, information in any form about its performance in relation to the essential characteristics, as defined in the applicable harmonised technical specification, may be provided only if included and specified in the declaration of performance …
3. By drawing up the declaration of performance, the manufacturer shall assume responsibility for the conformity of the construction product with such declared performance. …
Full text of the Construction Products Regulation
Article 4 assigns an outstanding importance to the declaration of performance. Manufacturers are fully responsible both for the declared performances, as well as for the compliance of the products they have placed on the market with the declared performance. The declaration of performance becomes the pivotal information document, as any indication of performances regarding the so called essential characteristics of the construction products may only be given in e. g. in brochures or media if that information can be found in the declaration of performance.
Regarding the supply of the declaration of performance article 7 specifies:
(1) A copy of the declaration of performance of each product which is made available on the market shall be supplied either in paper form or by electronic means.
However, where a batch of the same product is supplied to a single user, it may be accompanied by a single copy of the declaration of performance either in paper form or by electronic means.
(2) A paper copy of the declaration of performance shall be supplied if the recipient requests it.
(3) By way of derogation from paragraphs 1 and 2, the copy of the declaration of performance may be made available on a web site in accordance with conditions to be established by the Commission by means of delegated acts in accordance with Article 60. Such conditions shall, inter alia, guarantee that the declaration of performance remains available at least for the period referred to in Article 11(2).
(4) The declaration of performance shall be supplied in the language or the languages required by the Member State where the product is made available.
Article 7, clause 3, is the legal basis for making declarations of performance available on the internet.