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Article 16B Obligations on an importer which are met by complying with obligations in the EU Construction Products RegulationF1

Original text. Later amendments are not shown.

1.

Paragraph 2 applies where:

(a)

a construction product is covered by a standard which:

(i))

is designated under Article 18B(1)(b); or

(ii))

becomes a designated standard under Article 18B(2); and

(b)

before placing the product on the market, an importer:

(i))

finds that the product does not bear the UK marking;

(ii))

ensures that the manufacturer has:

(aa))

carried out the assessment and the verification of constancy of performance required by F2Regulation (EU) 305/2011 or carried out the applicable assessment and verification system required by Regulation (EU) 2024/3110;

(bb))

drawn up the technical documentation referred to in the second subparagraph of Article 11(1) of F3Regulation (EU) 305/2011 or Article 22(3) of Regulation (EU) 2024/3110;

(cc))

drawn up the declaration of performance in accordance with Articles 4 and 6 of F4Regulation (EU) 305/2011 or a declaration of performance and conformity in accordance with Articles 13 and 15 of Regulation (EU) 2024/3110; and

(dd))

complied with Article 11(4) and (5) of this Regulation; and

(iii))

ensures that the product bears the CE marking, or in the case of a product to which regulation 4(2)(b) of the Construction Products (Amendment etc.) (EU Exit) Regulations 2020 applies, the CE marking accompanied by the UK(NI) indication;

(iv))

ensures that the product is accompanied by the ‘required documents’ referred to in Article 13(2) of F5Regulation (EU) 305/2011 or Article 24 of Regulation (EU) 2024/3110.

2.

Where this paragraph applies:

(a)

the requirements on the importer in the first subparagraph of Article 13(2) are to be treated as satisfied;

(b)

the following provisions of Article 13 have effect subject to the modifications in paragraph 3:

(i))

the second subparagraph of paragraph 2;

(ii))

paragraph 5;

(iii))

paragraphs 7 to 9.

3.

The modifications are that:

(a)

any reference to a declaration of performance is to be read as a reference to the declaration of performance drawn up by the manufacturer in accordance with Articles 4 and 6 of F6Regulation (EU) 305/2011 or a declaration of performance and conformity in accordance with Articles 13 and 15 of Regulation (EU) 2024/3110;

(b)

any reference to technical documentation is to be read as a reference to the technical documentation referred to in the second subparagraph of Article 11(1) of F7Regulation (EU) 305/2011 or Article 22(3) of Regulation (EU) 2024/3110.

Annotations

Textual amendments

F1

Arts. 16A-16C inserted (31.12.2020) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465), reg. 1, Sch. 1 para. 17 (with Sch. 1 para. 70) (as amended by S.I. 2020/1359, reg. 1, Sch. 1 paras. 9, 17); 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in Art. 16B(1)(b)(ii)(aa) substituted (8.1.2026) by The Construction Products (Amendment) Regulations 2025 (S.I. 2025/1172), regs. 1(1), 5(2)(a)

F3

Words in Art. 16B(1)(b)(ii)(bb) substituted (8.1.2026) by The Construction Products (Amendment) Regulations 2025 (S.I. 2025/1172), regs. 1(1), 5(2)(b)

F4

Words in Art. 16B(1)(b)(ii)(cc) substituted (8.1.2026) by The Construction Products (Amendment) Regulations 2025 (S.I. 2025/1172), regs. 1(1), 5(2)(c)

F5

Words in Art. 16B(1)(b)(iv) substituted (8.1.2026) by The Construction Products (Amendment) Regulations 2025 (S.I. 2025/1172), regs. 1(1), 5(3)

F6

Words in Art. 16B(3)(a) substituted (8.1.2026) by The Construction Products (Amendment) Regulations 2025 (S.I. 2025/1172), regs. 1(1), 5(4)(a)

F7

Words in Art. 16B(3)(b) substituted (8.1.2026) by The Construction Products (Amendment) Regulations 2025 (S.I. 2025/1172), regs. 1(1), 5(4)(b)