Certification of construction products in the European market

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What is needed to enter the European market?

The Construction Products Regulation establishes the conditions for the placement or making available on the market of construction products. To enter the European single market, product certification according to the Regulation is essential.

What is a certification of construction products?

In the European market, when referring to the certification of construction products, the only valid official certificates for all Member States are the certificate of constancy of performance, issued by a Notified Product Certification Body, and the certificate of conformity of the factory production control, issued by a Notified Production Control Certification Body. The type of certificate that a manufacturer needs to obtain will depend on the type of product they intend to commercialize.

Therefore, it is the notified bodies (NB) that are responsible for the certification process of construction products in the European single market. However, it is concerning that some notified bodies have difficulty distinguishing when each certificate applies. This conclusion can result in the issuance of an incorrect certificate for a construction product, which subsequently leads to non-compliance with the Regulation regarding the CE marking. This situation could draw the attention of market surveillance authorities, ultimately resulting in the revocation of certificates and the withdrawal of the product from the market. The responsibility for this situation lies entirely with the manufacturer, who assumes the corresponding legal responsibility.

Once the certificate of constancy of performance or the certificate of conformity of the factory production control is obtained, the manufacturer must draft the Declaration of Performance (DoP) of the product, related to the relevant essential characteristics of the construction product.

What is the CE marking?

The CE marking itself is not a certificate, but a mark with its own meaning. When a manufacturer affixes the CE marking, they guarantee that the performance of the product for sale is as declared in the DoP and that these have been defined by applying the correct European technical specification.

What does the single European market require?

The stakeholders of the European single market typically do not explicitly request certificates of constancy of performance and conformity of factory production control. Rather, they look for the product to be CE marked, which, in most cases, can only be obtained after obtaining the certificates mentioned above. The CE marking is mandatory for most construction products intended to be sold in the European single market. However, when the CE marking is voluntary, the manufacturer or the authorised representative is free to decide whether to affix it to their product or not, using alternative routes other than products subject to this obligation. This is the case for innovative construction products.

Although there is no legal obligation to affix the CE marking on an innovative product, the reality of the market is different. With voluntary alternative routes to obtain the marking, the European market will demand that sellers, distributors, and manufacturers affix their products. Otherwise, it will be practically impossible to market the product successfully.

Why is CE marking important?

The potential of CE marking lies in that all EU countries must allow the sale of construction products bearing the CE marking; public authorities cannot request other marks or certificates, nor additional tests. Therefore, manufacturers and distributors can market their products in any country of the European internal market with the same documentation. The CE marking is also recognized worldwide as a synonym for quality and remains valid in the UK market.

Together with the declaration of performance, the CE marking provides customers and users with a reliable way to verify the performance of the product and compare it with others that have the same technical characteristics.

What other types of certificates exist?

In the internal markets of the Member States, national certificates may be required in parallel with the CE marking. These certificates usually arise as a requirement of the market for innovative products without clear national regulation or, if such regulation exists, due to the requirements established by it for certain construction solutions.

The national regulation of a Member State can never mandate a national certificate as a requirement for the commercialization of a product that already has the CE marking. However, the internal market may accept a national certificate as an alternative to the CE marking. This possibility must be studied individually.

Some certification bodies issue "voluntary certificates" outside their competence and without product verification, which is not supported by legislation. It is advised not to confuse them with the certification of competent notified bodies. Additionally, it is not appropriate for these certificates to bear the CE marking.