Article 16C Obligations on a distributor which are met by complying with obligations in the EU Construction Products RegulationF1

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 making the product available on the market, a distributor:

(i))

finds that the product does not bear the UK marking; and

(ii))

ensures that:

(aa))

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;

(bb))

the product is accompanied by the ‘documents required’ referred to in Article 14(2) of F2Regulation (EU) 305/2011 or Article 25 of Regulation (EU) 2024/3110 and by instructions and safety information in English;

(cc))

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

(dd))

the importer has complied with Article 13(3) of this Regulation.

Where this paragraph applies:

(a)

the requirements on the distributor in the first subparagraph of Article 14(2) are to be treated as satisfied;

(b)

Article 14 has effect as if any reference to a declaration of performance were a reference to the declaration of performance drawn up by the manufacturer in accordance with Articles 4 and 6 of F3Regulation (EU) 305/2011 or a reference to the declaration of performance and conformity drawn up by the manufacturer in accordance with Articles 13 and 15 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. 16C(1)(b)(ii)(bb) substituted (8.1.2026) by The Construction Products (Amendment) Regulations 2025 (S.I. 2025/1172), regs. 1(1), 6(2)
F3: Words in Art. 16C(2)(b) substituted (8.1.2026) by The Construction Products (Amendment) Regulations 2025 (S.I. 2025/1172), regs. 1(1), 6(3)