Construction Products Regulation Revised

Introduction and Overview

Regulation (EU) 2024/3110, the revised Construction Products Regulation (CPR), establishes a comprehensive framework of harmonised rules for placing and making construction products available on the EU market. It aims to ensure the free movement of goods within the internal market while significantly enhancing the environmental and safety performance of these products. The regulation introduces modernised rules to support the EU's green and digital transitions, addressing shortcomings of its predecessor.

Key innovations include mandatory environmental sustainability declarations based on life-cycle assessments (LCA), the introduction of a Construction Digital Product Passport (DPP), and strengthened market surveillance. The regulation applies to a wide range of economic operators and aims to increase transparency, safety, and circularity throughout the construction value chain.

Evolution and Relation to Other Laws

This regulation repeals and replaces Regulation (EU) No 305/2011, which was found to be underperforming in areas like standardisation and market surveillance. The revision was driven by the need to align the construction sector with broader EU policy goals, including:

• The European Green Deal and Circular Economy Action Plan: The regulation incorporates strong sustainability and circularity principles, such as requirements for durability, reparability, recycled content, and waste reduction.
• Ecodesign for Sustainable Products Regulation (ESPR) - (EU) 2024/1781: The CPR is aligned with the ESPR framework, particularly concerning the Digital Product Passport, but is adapted to the specificities of the construction sector. The CPR generally prevails in case of conflicts.
• Market Surveillance Regulation (EU) 2019/1020: The CPR strengthens market surveillance by integrating and building upon the horizontal framework established by this regulation.
• REACH Regulation (EC) No 1907/2006: Information on hazardous substances required under REACH must be provided alongside the Declaration of Performance and Conformity.

Main Goals and Objectives

The primary objectives of the regulation are to:

• Facilitate the Internal Market: Ensure the free movement of construction products by establishing a clear and harmonised set of rules.
• Promote Sustainability: Drive the green transition by setting environmental performance requirements, promoting circular economy principles, and requiring life-cycle assessments.
• Enhance Safety and Health: Ensure a high level of protection for the health and safety of construction workers, users, and occupants of buildings.
• Embrace Digitalisation: Modernise the sector through the mandatory use of digital tools like the Digital Product Passport and electronic declarations, improving information flow and transparency.

Who It Applies To

The regulation applies to all actors involved in the supply and distribution chain of construction products, including:

• Economic Operators: Manufacturers, authorised representatives, importers, and distributors.
• Service Providers: Fulfilment service providers and other actors providing services linked to manufacturing and commercialisation.
• Online Marketplaces: Providers of intermediary services that facilitate the sale of construction products.
• Technical and Conformity Assessment Bodies: Notified Bodies and Technical Assessment Bodies (TABs).
• Public Authorities: Member State market surveillance authorities and contracting authorities in public procurement.

Key Dates and Timeline

• Adopted: 27 November 2024
• Published: 18 December 2024
• Entry into Force: 7 January 2025 (for preparatory articles) / 8 January 2026 (main application)
• Application Dates: The regulation has a phased application:
  • 7 January 2025: Key preparatory articles (e.g., on working plans, delegated acts) apply.
  • 8 January 2026: The regulation largely becomes applicable, repealing most of Regulation (EU) No 305/2011.
  • 8 January 2027: Rules on penalties become applicable.
  • Until 8 January 2040: Certain articles of the old Regulation (EU) No 305/2011 remain in effect for products covered by old harmonised standards.

Exemptions

The regulation provides for specific exemptions:

• Outermost Regions: Member States may exempt products placed on the market in the EU's outermost regions.
• Declaration of Performance and Conformity: Manufacturers are exempt from drawing up a declaration for products that are:
  • Individually manufactured or custom-made in a non-series process for a single identified construction work, where the manufacturer is also responsible for its safe incorporation.
  • Manufactured for the renovation of officially protected heritage buildings.

Key Provisions and Requirements

The Harmonised Zone

Article 11 establishes a 'harmonised zone' where the regulation and its technical specifications provide a comprehensive set of rules for product performance and requirements. Member States cannot impose conflicting or additional national requirements within this zone, ensuring a level playing field.

Declaration of Performance and Conformity (DoPC)

Manufacturers must draw up a combined DoPC before placing a product on the market. This declaration, based on a new model in Annex V, includes performance in relation to essential characteristics and, crucially, environmental sustainability performance calculated over the product's life cycle.

CE Marking

The CE marking remains the sole mark indicating that a product's performance has been assessed according to harmonised EU rules. It signifies that the manufacturer takes responsibility for the product's conformity with its declared performance and applicable requirements.

Construction Digital Product Passport (DPP)

A key innovation is the mandatory DPP (Chapter X), which must be made available for products. The DPP will provide structured, reliable, and easily accessible digital information, including the DoPC, technical documentation, and instructions for use, repair, and recycling.

Sustainability and Circular Economy

The regulation introduces strong environmental obligations:

• Life Cycle Assessment (LCA): The DoPC must include performance data on predetermined environmental characteristics (Annex II), such as climate change effects and water use.
• Product Requirements: The Commission can set specific product requirements related to durability, reparability, recycled content, and resource efficiency (Annex III).
• Used and Remanufactured Products: The regulation explicitly brings used and remanufactured products into its scope, creating a framework for their assessment and marketing.

Green Public Procurement

Article 83 empowers the Commission to set mandatory minimum environmental sustainability requirements that public authorities must use when procuring construction products, leveraging public spending to drive demand for greener products.

Obligations for Affected Parties

• Manufacturers: Must determine the product type, ensure performance assessment and conformity, draw up the DoPC, affix the CE marking, provide a DPP, and supply instructions and safety information. They are liable for the accuracy of their declarations.
• Importers and Distributors: Must verify that the manufacturer has fulfilled its obligations (e.g., CE marking, DoPC) before placing or making products available on the market. They must also ensure their storage and transport conditions do not compromise product conformity.
• Authorised Representatives: Must be appointed by non-EU manufacturers and are tasked with keeping documentation available and cooperating with authorities.
• Fulfilment Service Providers & Online Marketplaces: Have new obligations to cooperate with authorities and ensure that only compliant products are offered, including removing listings of non-compliant products.

Affected Products, Actors, and Processes

• Products: All construction products intended for permanent incorporation into construction works, including new, used, and remanufactured items, as well as kits and key parts.
• Actors: The entire construction product value chain, from raw material suppliers and manufacturers to distributors, installers, online platforms, and end-users.
• Processes: Manufacturing, marketing, distribution, public procurement, conformity assessment, and market surveillance are all significantly affected by the new rules.

Penalties and Enforcement

Member States are required to establish effective, proportionate, and dissuasive penalties for non-compliance. The regulation strengthens market surveillance by providing authorities with enhanced powers to evaluate products, demand corrective actions, and order withdrawals or recalls. A Union safeguard procedure is in place to address non-compliant products that pose a risk across the EU.