# 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 (Text with EEA relevance), Article 16B: Obligations on an importer which are met by complying with obligations in the EU Construction Products Regulation


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 Regulation (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 Regulation (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 Regulation (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 Regulation (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 Regulation (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 Regulation (EU) 305/2011 or Article 22(3) of Regulation (EU) 2024/3110.

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Source: https://www.legislation.gov.uk/eur/2011/305/article/16B (the official version)
Page: https://openlegislation.uk/eu-regulation-2011-305/article-16B
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

