The Construction Product Regulation
The EU Construction Product Regulation has been the primary set of rules for construction products in the European Union since it came into force in 2013. It replaced the previous Construction Product Directive from 1989, and it is meant to provide for harmonized safety and quality standards to facilitate the free circulation of goods within the EU. In November 2024, an amendment of the Construction Product Regulation was approved. This amendment brings numerous new developments, which means that both manufacturers and sellers are facing new challenges.
The present blog post examines the current provisions of the Construction Product Regulation, highlights the changes in the amendment, and shows how e-commerce sellers can prepare for them.
What is regulated by the Construction Product Regulation?
The Construction Product Regulation is meant to ensure the safety and environmental compatibility of construction works. It provides for binding requirements for construction products to be put on the market in the EU, and ensures that these products may be used anywhere in the EU without hindrance by national regulations.
What are construction products?
Construction products are products that are permanently incorporated in construction works and the performance of which affects at least one of the basic requirements for construction works. This includes:
- (Wireless) smoke detectors: For safety and fire protection in buildings.
- Mounts for rooftop solar panels: To support photovoltaic systems.
- Cable ducts: For orderly installation and protection of cables.
- Laminate and parquet flooring: For floors with requirements regarding abrasion resistance and emissions.
Basic requirements for construction works
The Construction Product Regulation refers to seven basic requirements for construction works that can be affected by construction products:
- Mechanical resistance and stability: Construction products must not jeopardize the safety of construction works.
- Safety in case of fire: Products have to minimize the emergence and propagation of fires.
- Hygiene, health and the environment: Products must not be harmful to human health or the environment.
- Protection against noise: Ensuring the reduction of noise in buildings.
- Energy economy and heat retention: Products have to help reduce energy consumption.
- Sustainable use of natural resources: Construction products have to be manufactured in an environmentally-friendly way and recyclable.
The CE marking is a key element
The Construction Product Regulation stipulates that construction products have to be equipped with the CE marking in order to be allowed to be sold in the EU. This marking confirms that the product complies with the European harmonized standards or the corresponding European assessment documents (EAD).
Key elements of the CE marking:
- A Declaration of Performance (DoP) documenting the product’s properties and its compliance with the essential requirements.
- Information on the product performance in regard to relevant properties such as strength, fire protection or energy efficiency.
The 2024 amendment: Why did it become necessary?
The amendment of the Construction Product Regulation became necessary in order to fix some deficiencies and adjust the Regulation to meet today’s technological, ecological and legal requirements. Numerous problems have arisen since 2013, including:
- Unclear regulations for innovative construction products: The previous Regulation did not cover all current construction products such as smart technologies.
- Lack of sustainability requirements: There were no clear criteria regarding the environmentally-friendly production and recyclability of construction products.
- Inconsistent market surveillance: Enforcement of the provisions in the different member states varied significantly.
The amendment was approved in November 2024 and is now awaiting publication in the Official Journal of the EU. Following that, there will be transitional periods to allow businesses to prepare for the changes.
Important changes in the amendment
The amendment entails far-reaching changes that affect manufacturers as well as sellers and e-commerce sellers:
1. Sustainability requirements
The amendment provides for clear criteria regarding the sustainability of construction products for the first time. Manufacturers have to prove that their products:
- are manufactured in a resource-efficient way;
- are recyclable, in order to reduce the waste produced by the construction industry;
- do not contain any materials that are harmful to the environment.
For sellers, this means that they will have to take great care to ensure that the products they are offering comply with these criteria. In e-commerce in particular, a complete documentation of the material composition and the environmental impact is required.
2. Expansion of the scope of application
The Regulation will cover new construction product categories, including smart technologies such as:
- smart smoke detectors connected to the Internet
- smart mounts for rooftop solar panels that supply energy efficiency data
- IoT-enabled cable ducts that can be integrated into smart home systems
This means that sellers are required to perform additional tests to ensure that these products comply with the extended requirements.
3. Introduction of the digital Declaration of Performance
The Declaration of Performance, which has often been enclosed on paper, is replaced by a digital version. Manufacturers have to make sure that customers can retrieve the relevant information online. This constitutes an advantage for e-commerce sellers because the provision of the Declaration of Performance on digital platforms makes it easier to handle. However, they have to make sure that their systems are technically capable of implementing the new requirements.
4. Stricter market surveillance
The amendment strengthens the powers of the market surveillance authorities. They can now:
- check online platforms and sellers specifically;
- remove non-compliant products from the market more quickly;
- impose severe fines if the requirements are not met.
For e-commerce sellers, this means that they have to implement stricter compliance procedures to avoid risks.
Challenges and opportunities for e-commerce sellers
The changes bring both new challenges and opportunities for companies that sell construction products online.
Challenges
- Increased documentation obligations: Sellers have to ensure that all the required certificates such as the CE marking, Declarations of Performance and proof of sustainability are provided and correct.
- Technical adjustments: Providing digital Declarations of Performance requires a corresponding technical infrastructure. Online shops have to make sure that the information is easily accessible for the customers.
- Stricter surveillance: Stricter market surveillance means that sellers have to be better prepared in order to pass possible audits. Incomplete or incorrect information can give rise to penalties or even sales bans.
Opportunities
- Sustainability as selling point: Construction products that meet the new sustainability criteria can be advertised as an environmentally-friendly alternative, giving you an important competitive edge vis-à-vis a target group that is more and more environmentally aware.
- Innovation with smart products: The expansion of the scope of application opens up new business areas for sellers who distribute innovative construction products such as IoT-enabled smoke detectors or smart solar panel mounts.
- Simplification through digitization: The introduction of the digital Declaration of Performance makes the management and provision of the necessary documents much easier, giving online sellers a clear advantage.
What e-commerce sellers need to do now
- Check the compliance status: Make sure that all the products you are currently offering comply with the applicable regulations and that the corresponding certificates are available.
- Prepare for the new requirements: Learn about the changes brought by the amendment and adapt your processes, in particular in regard to sustainability certificates and digital Declarations of Performance.
- Train your employees: Offer training to your teams to ensure that they know and are able to implement the new requirements.
- Cooperate with manufacturers: Cooperate closely with your suppliers to ensure that all the products comply with the new requirements.
- Technical adjustments: Adapt your systems so that digital Declarations of Performance can easily be provided.
Conclusion
The 2024 amendment of the Construction Product Regulation brings far-reaching changes that entail both challenges and opportunities. This means that e-commerce sellers have to adapt their processes and update their compliance strategy. At the same time, the new sustainability criteria and the expansion of the scope of application open up new business areas.
We at Tradavo can help you
Do you need help with all these regulations? Make an appointment for a non-committal initial consultation with our compliance experts at Tradavo, and we will work with you to find out where you need to take action and how we can best help you with that!
You need assistance?
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Who wrote this article?
As an author, Christina fills the blog section of our website with exciting and informative articles, so that our readers can always take care of product compliance in their company in the most well-informed way.
