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New regulation on construction products

On 13 December 2023, the Spanish Presidency managed to reach a preliminary political agreement with the European Parliament and the European Commission on the text of the new Construction Products Regulation in the framework of the 3rd political trialogue. This preliminary agreement will be further formally confirmed by both institutions.

The Regulation will replace the existing Regulation (EU) No 305/2011, establish harmonised rules for the placing on the market of construction products, strengthen the internal market and remove existing barriers to free movement on the market, and ensure that these products comply with the principles of the circular economy and Member States' regulatory requirements.

A key role of the legal framework is played by the harmonised technical specifications that must be used for the mandatory placing on the market of a product. Priority is given to the creation of standards and their harmonisation by publication of a reference in the Official Journal of the EU, but there will be a fall-back solution to allow the EC to adopt harmonised technical specifications through implementing acts in the event of a blocked standardisation system.

The new rules will promote sustainability and digitalisation in the field of construction products. The documents that the manufacturer must supply with the product will be able to be provided electronically. The digital product passport will also allow structured product data to be used, for example, in market surveillance or BIM design. The customer will be able to take sustainability into account when selecting a product, as the manufacturer will declare the environmental footprint of the product. The EC will be empowered to set minimum requirements for the environmental performance of construction products, which will be used by the contracting authority if it decides to apply sustainability requirements to the harmonised products in question in public procurement. This instrument will promote the sustainability of construction in the public sector.

The transition period from the old to the new legal framework will last for 15 years from the date of entry into force of the new Regulation (i.e. until 2039). This will ensure sufficient time for an orderly transition of harmonised technical specifications from the old to the new legal framework and minimise the risk of de-harmonisation of any product or product group.

Link to the press release in English here: