Economic operators’ obligations according to Construction Products Regulation (EU) 2024/3110

Regulation (EU) 2024/3110 specifies the rights and obligations of economic operators active in the field of construction products and their components. It also establishes the obligations of other actors providing services related to the production and marketing of products.

The obligations of economic operators only apply to products that are covered by a harmonised technical specification or to products that have been CE marked on the basis of a European technical assessment.

Rights and obligations of manufacturers

Rights of manufacturers (Article 21 of Regulation (EU) 2024/3110)

• Receive information from suppliers and service providers
  Manufacturers can request information about products and services to fulfil their obligations under that regulation.
   
• Access documentation of suppliers
  If needed, manufacturers can request their suppliers that they permit that notified bodies have access to their documentation and to their premises.
   
• Get information about used or remanufactured products
  Manufacturers placing a used or remanufactured product on the market can requestion information about the previous use of the product and the process of deinstalling it.
   
• Obtain data and calculations
  Manufacturers can request data and validation reports issued by notified bodies.

Obligations of manufacturers (Article 22 of Regulation (EU) 2024/3110)

The manufacturer is subject to the following obligations:

1. Determination of the product type:
   The manufacturer shall determine the product type and ensure that the product’s performance is assessed in relation to both mandatory essential characteristics and characteristics intended to be declared.
2. Preparing Declaration of Performance and Conformity and affixing CE marking:
   He ensures the availability of spare parts
3. Only for professional use:
   If the use of the product requires expertise, the manufacturer shall indicate that on the product.
4. Preparation of technical documentation:
   It must include all relevant elements proving the product’s performance and conformity.
5. Ensuring performance:
   The manufacture shall establish procedures to ensure that products deliver their declared performance and continue to comply with that regulation.
6. Provision of documentation and instructions:
   The product must be accompanied by instructions for use and safety information, in a language which can be easily understood by users.
7. Storage and transport:
   The manufacturer shall ensure that storage and transport conditions do not jeopardise the conformity.
8. Availability of the Digital Product Passport:
   no later than 18 months after the entry into force of the delegated Act relating to that matter.
9. Taking corrective measures in case of non-conformity:
   If the product is not in conformity, the manufacturer shall correct that or recall it and inform the involved economic operators and the competent authorities.

Those rights and obligations ensure that manufacturers take responsibility for the conformity and performance of construction products within the EU market.

Obligations of authorised representatives (Article 23 of Regulation (EU) 2024/3110)

A manufacturer established in the EU may appoint, by a written mandate, any natural or legal person established in the EU as a single authorised representative. If a manufacturer is established outside of the EU, he must appoint a single authorised representative. The drawing up of technical documentation shall not form part of the authorised representative’s mandate.

In the context of his mandate, the authorised representative carries out the following tasks:

• Keep the Declaration of Performance and Conformity and the technical documentation at the disposal of competent national authorities.
• At the request of competent national authorities, provide all the information and documentation necessary to demonstrate the conformity of a product.
• Terminate the contract and inform the competent national authorities if the manufacturer does not meet his obligations.
• If a product is non-compliant or presents a risk, inform the manufacturer and the competent national authorities.
• Cooperate with the competent national authorities in measures to eliminate risks and remedy non—conformities.

As part of his verification obligations, the authorised representative checks the following elements:

• the product bears the CE marking and the correct labelling
• the product is accompanied by a Declaration of Performance and Conformity
• the manufacturer has complied with the relevant requirements set out in article 22

If the authorised representative identifies a case of non-compliance, he shall ask the manufacturer to take the necessary corrective measures.

Obligations of importers (Article 24 of Regulation (EU) 2024/3110)

Importers shall only place products on the market which are compliant with the regulation. They have the following obligations:

• Check before placing the product on the market: they verify that:
  • the manufacturer has drawn up the required technical documentation
  • the product bears the CE marking and the correct labelling
  • the product is accompanied by the Declaration of Performance and Conformity or that it is available
  • the use of the product and its identification have been declared correctly and that all the necessary product information, such as instructions of use and safety information, is available in the appropriate language
     
• Monitor storage and transport conditions
  During the period in which a product is under their responsibility, they shall ensure that storage and transport conditions do not jeopardise the conformity of the construction product with the declared performance, nor its conformity with other applicable requirements of the Regulation.
   
• Take action in case of non-conformity
  • If the importer has reason to believe that a product is not in conformity, he shall not place it on the market until it complies with the Declaration of Performance and Conformity and other applicable requirements.
  • If the product presents a risk, the importer must immediately inform the manufacturer and the competent national authorities.
     
• Indicate importer details, namely their name, trade name or registered trademark, place of business, contact address, and, if applicable, electronic means of communication, either on the product, or, if impossible, on the packaging or in a document accompanying the product.
   
• Handle complaints and monitor
  They investigate complaints and, if necessary, keep a register of complaints, non-conforming products, and product withdrawals or recalls. They keep manufacturers and distributors informed of the complaint follow-up.
   
• Implement corrective measures
  1. If a product is not in conformity, the importer must take the necessary measures to bring it into conformity, or, if necessary, withdraw of recall it.
  2. In case of a risk, the importer shall inform the competent national authorities immediately and give details of the non-conformity and of any corrective measures taken.

In addition, importers selling directly to end users must also comply with the obligations imposed on distributors.

Obligations of distributors (Article 25 of Regulation (EU) 2024/3110)

• Control before market introduction: They verify if:
  • the product bears the CE marking and the required labelling
  • the product is accompanied by the Declaration of Performance and Conformity, if required
  • the product is accompanied by instructions for use, safety information and general product information in a language which can be easily understood by end users
  • the manufacturer and the importer have complied with their obligations under the regulation
     
• Guarantee transparency during sales
  Distributors shall ensure that customers can clearly and visibly consult the legally required information about the product before entering into a sales agreement. That also applies to online sales.
   
• Act in case of non-conformity
  • If a distributor has reason to believe that a product is not in conformity, he shall not make it available on the market until the non-conformity is resolved.
  • If the product presents a risk, the distributor shall inform the manufacturer and the responsible competent national authorities thereof.
     
• Guarantee storage and transport conditions
  While a product is under its responsibility, the distributor must ensure that storage or transport conditions do not jeopardise the conformity.
   
• Take corrective measures
  • If a product is found to be non-compliant or presents a risk, the distributor must ensure that the necessary measures are taken, such as bringing the product into conformity, withdrawing it from the market or recalling it. 
  • In the event of a risk, the distributor must immediately inform the competent national authorities with details of the non-conformity and the measures taken.

Cases in which obligations of manufacturers apply to importers and distributors (Article 26 of Regulation (EU) 2024/3110)

According to Article 22 of the Regulation, importers or distributors must fulfil the same obligations of manufacturers in the following cases:

• They place a product on the market under their own name or trademark.
• They intentionally or unintentionally modify the product in such a way that compliance with the declaration of performance and conformity or with other legal requirements is compromised.
• They make a product available on the market with a declared use that is different from the declared use attributed by the manufacturer in the context of the assessment and verification procedure.
• They indicate characteristics that differ from the characteristics declared by the manufacturer.
• They opt to assume the role of manufacturer.

Those obligations also apply to economic operators who place following products on the market:

• Used products covered by a harmonised technical specification with provisions for used products.
• Used products not covered by such a specification and not place on the EU market before.
• Remanufactured products.

Exceptions: The obligations of manufacturers do not apply where the economic operator only adds translations of information supplied by the manufacturer.

Obligations of fulfilment service providers (Article 27 of Regulation (EU) 2024/3110)

Fulfilment service providers have the following obligations:

• Ensuring that products placed on the market comply with market regulatory requirements
  Fulfilment service providers contributing to the making available on the market of products must act with due care and ensure they comply with the obligations of that regulation.
   
• Ensuring the availability of documentation
  They shall make sure that the documents provided by the manufacturer or the importer are available, including:
  • CE marking and labelling,
  • the Declaration of Performance and Conformity,
  • general product information, instructions of use, and safety information.
     
• Ensuring storage and transport conditions
  • They shall ensure that the storage, packaging, addressing, and dispatching of the product does not jeopardise its conformity.
  • Manufacturers or importers must provide fulfilment service providers with the necessary information for ensuring the safe storage and transport.
     
• Supporting in the case of recalls
  • Fulfilment service providers shall support withdrawals or recalls of products, regardless whether initiated by market surveillance authorities, authorised representatives or importers.
     
• Taking action in case of non-conformity
  • If a fulfilment service provider has reason to believe that a product is not in conformity or presents a risk, it shall not support its market introduction until it complies with the applicable requirements.
  • When a product presents a high risk, the fulfilment service provider must inform the manufacturer and the competent national authority thereof.

Obligations of online marketplaces (Article 28 of Regulation (EU) 2024/3110)

• Designing and organising the online interface
  Online marketplaces must design and organise their online interface in such a way that economic operators are allowed to fulfil their obligations under the regulation.
   
• Establishing a single point of contact
  They shall establish a single point of contact for direct communication with the competent national authorities in relation to compliance with the regulation. That may be the contact point as referred to in Article 22(1) of Regulation (EU) 2023/988 or in Article 11(1) of Regulation (EU) 2022/2065.
   
• Responding to notifications and incidents
  They must give an appropriate answer to reports of accidents and other incidents involving products offered via the platform.
   
• Cooperating with market surveillance authorities
  • They shall cooperate to ensure effective market surveillance measures and must not hinder them.
  • They must inform national authorities on measures taken with regard to non-compliant products.
  • They must exchange information on content that has been removed at the request of authorities.
     
• Removing non-compliant products
  • Member States may order online marketplaces to remove illegal content referring to non-compliant products, to disable access to it or to display an explicit warning to users.
  • Online marketplaces shall take the necessary measures to process and execute such measures. 

Those obligations also apply to manufacturers, importers or distributors offering products online without the involvement of an online marketplace.