Regulation (EU) 305/2011

Regulation (EU) 305/2011 is a piece of legislation passed by the European Union which regulates the marketing of construction products. The official name of the regulation is Regulation (EU) n° 305/2011 of the European Parliament and of the Council of 9 March 2021 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC.

The text of the regulation is available in English here.

Regulation (EU) 305/2011 is not the first piece of European legislation in the field or construction products marketing. In fact, the regulation replaces the old Council Directive 89/106/EEC, also known as the Construction Products Directive.

Directive 89/106/EEC established rules on subjects that have been reprised and developed by Regulation (EU) 305/2011. However, the directive left EU member states the freedom to incorporate its contents to their legal system using the regulatory techniques that best fit their interests. Regulation (EU) 305/2011 changes this: since it is a regulation, it is directly applicable in the EU member states and its contents do not need to be incorporated like in the case of a directive.

Regulation (EU) 305/2011 establishes rules on different subject matters and sets several obligations for market players, including the following:

• It obliges market players to draw up a declaration of performance when a construction product covered by a harmonised standard or conforms to a European Technical Assessment is placed on the market.
• It obliges EU member states to appoint so-called Product Contact Points for Construction.
• It forbids importers from placing within the EU construction products that do not comply with Regulation (EU) 305/2011.
• It mandates European standardisation bodies to issue harmonisation standards for construction products.
• It sets rules on market surveillance and safeguard procedures for construction products.

Compared to its precedent (Directive 89/106/EEC), Regulation (EU) 305/2011 extends the rules on marking and introduces certain novelties. One of the main changes is the obligation to issue a declaration of performance as a basis for CE marking. A link to the declaration can be provided in the form of a QR code together with the CE marking. In Germany, however, the corresponding information must be presented directly on the product itself.

In addition to this, Regulation (EU) 305/2011 mandates that the CE marking be clearly legible and permanently marked on the product or attached to it via a label.