The European Commission has finally published the Delegated Regulation of 21st February amending Annex III of the Regulation (EU) No 305/2011 on the model to be used for drawing up a DoP on construction products.
The document, published in the Official Journal of the European Union and accessible through this link, has been developed to achieve three goals:
• Allow the flexibility required by different kinds of construction products and manufacturers, including responding to technological progress.
• Simplifying the DoP.
• Provide further instructions to manufacturers to help them when drawing up the DoP in line with applicable legislation. Providing such instructions would also ensure a harmonised and correct application of Annex III.
The adoption of this delegated act will facilitate the drawing up of declarations of performance by manufacturers because they will be allowed to adapt the documents to their particular needs or uses, making the declarations of performance shorter, more user-friendly and understandable. This should both reduce administrative burden and increase clarity on the information concerning construction products covered by declarations of performance. Other changes introduced include the clarification that the product-type is defined in relation to a set of performance levels or classes of a construction product. This set of performance levels or classes are the essential part of the information contained in the DoP.
According to the new model it is clear that manufacturers can use the unique identification code (defined in the CPR) as the reference number of the related DoP and also that the traceability of products does not require including the type, batch or serial number in the declaration.
The final text also highlights that manufacturer have the responsibility to declare the performance in a clear and explicit manner, expressed by level or class, and in specific cases by description. Production documentation or structural design calculation documents are descriptions of the performance in relation to essential characteristics, notably of structural behaviour. Manufacturers should therefore not be allowed to only use references to other source documents when expressing the performance in the DoP. For products linked to specific drawings or requirements from the customer, including references to them is allowed.
The identification of the notified bodies involved in AVCP of a construction product is considered useful information in the context of the DoP, especially for the purpose of market surveillance, as strongly emphasised by Member States during the consultation. The manufacturers are therefore obliged to include this information in declarations of performance that they draw up. The industry shares this view with the European Commission and the Member States for all AVCP systems except system 3, but the final text does not include an exception for this case as requested by the industry.
Another important change is the possibility to combine the points of the model by presenting some of them together. They are not obliged to follow the sequence of these points as in the model however, as long as the clarity of the information presented in the DoP can be maintained. Nevertheless, when the manufacturer includes a given point or clause in the DoP, the texts and the headlines of the model should be repeated. For the same reason, when the manufacturer uses one or more tables while drawing up the DoP, the table/s should cover all the points listed in the model which are applicable to the given product. In particular, the tables should link the harmonised technical specifications, the systems of assessment, verification of the constancy of performance applied respectively to each essential characteristic of the product and the performance in relation to each essential characteristic.
Manufacturer can also issue single DoP covering different variations of a product-type but certain elements need to be duplicated and listed separately and clearly for every product variation, in order to ensure accurate information for the end users. This is particularly for the number of the DoP, the unique identification code and the declared performances/s of the particular product variation.
This is an important development for the industry and will help manufacturers provide the information in the right way.