Construction Products Regulation and role of the declaration of performance

Construction Products Regulation (CPR) (EU) No 305/2011 has been fully applicable since 1st July 2013 . It has definitively replaced Construction Products Directive (CPD) 89/106/EEC. With this new regulation the European Commission (EC) intends to clear up a number of persistent misunderstandings arising mainly from confusion with other directives which also underlie CE marking.

The declaration of conformity from the CPD has been replaced with a declaration of performance (DoP). This declaration is the key concept of the CPR.

Under the terms of the new regulation, if a construction product is covered by a harmonized standard (hEN) or conforms to a European Technical Assessment (ETA) which has been issued for it, the manufacturer shall draw up a declaration of performance when such a product is placed on the market, except in the cases laid down in article 5 (see the text box below). The declaration of performance shall be drawn up using the model set out in Annex III to the new regulation. Delegated Regulation (EU) No 157/2014 of 30 October 2013 allows manufacturers to make their declarations of performance available on a website, subject to certain conditions.

Besides the difference in terminology with the former declaration of conformity, the most striking feature is the list of essential characteristics. The declaration of performance shall contain all the harmonized characteristics from Annex ZA to the applicable standard, including those for which no performance has been determined. In such cases the letters NPD (No Performance Determined) shall be marked for the characteristic concerned. Moreover, a performance shall be declared for at least one harmonized characteristic. Although the existing harmonized standards have not yeat been adapted to the new CPR, they already contain all the necessary information to replace the declaration of conformity with the declaration of performance.

The CE marking shall be affixed to those construction products for which the manufacturer has drawn up a declaration of performance. By drawing up a declaration of performance and affixing the CE marking, manufacturers indicate that they take responsibility for the conformity of the construction product with the declared performance as well as the compliance with any other applicable requirements.

Construction Products Regulation – Article 5 Derogations from drawing up a declaration of performance

In the absence of (national or regional) provisions requiring the declaration of essential characteristics, a manufacturer may refrain from drawing up a declaration of performance for:

  1. custom-made products (manufactured in response to a specific order, for use in a single identified construction work);
  2. products manufactured on the construction site, in compliance with national rules;
  3. products manufactured in a non-industrial process (e.g. for renovation).

Even in such cases, manufacturers may choose to draw up a declaration of performance on a voluntary basis.

More information
Slides of the European CPR conference of 25th June 2012
Slides of the Belgian CPR conference of 14th June 2012
Construction Products Regulation (EU) No 305/2011 305/2011
Delegated Regulation (EU) No 157/2014