Explanatory note

These Regulations amend Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (EUR 2011/305) (“the 2011 Regulation”) and the Construction Products Regulations 2013 (S.I. 2013/1387). Articles 16A to 16C of the 2011 Regulation set out the circumstances in which the provisions in the 2011 Regulation are treated as being satisfied by a CE marked construction product. Articles 59A and 59B make provision in relation to market surveillance where an economic operator is seeking to rely on provisions in Articles 16A, 16B or 16C.

Regulations 3 to 6 amend Articles 16A to 16C to set out the circumstances in which the provisions in the 2011 Regulation will be treated as being satisfied by compliance with the requirements of Regulation (EU) 2024/3110 of the European Parliament and of the Council of 27 November 2024 laying down harmonised rules for the marketing of construction products and repealing Regulation (EU) No 305/2011, as it has effect in EU law (“Regulation (EU) 2024/3110”).

Regulations 7 and 8 amend Articles 59A and 59B to ensure that those provisions apply where an economic operator is seeking to rely upon compliance with Regulation (EU) 2024/3110.

Regulation 9 amends the Construction Products Regulations 2013 to ensure that the enforcement rules in those Regulations will apply to construction products relying on the provisions in the 2011 Regulation being treated as being satisfied by compliance with Regulation (EU) 2024/3110.

A full impact assessment has not been produced for this instrument as no, or no significant impact on the private, voluntary sector or community bodies is foreseen.