CE marking
The CE marking confirms that a construction product fulfills the essential requirements of the European Construction Products Regulation (Regulation (EU) No. 305/2011). It is affixed to all construction products for which the manufacturer has drawn up a declaration of performance in accordance with Articles 4 and 6 of the Regulation. This declaration of performance is always required if a construction product is covered by a harmonized European standard (hEN) or complies with a European Technical Assessment (ETA).
With the CE marking, the manufacturer assumes responsibility for the conformity of the construction product with the performance declared in the declaration of performance for the “essential characteristics” (the product characteristics stated in the relevant harmonized technical specification) and for compliance with all requirements of the Construction Products Regulation and other Union harmonization legislation relating to the product.
Member States may neither prohibit nor impede the making available on the market and use of construction products bearing the CE marking if the declared performance complies with the requirements applicable in the respective Member State. In Austria, the Building Materials List ÖE published by the OIB plays an important role here. It regulates the conditions of use of CE-marked products, taking into account specific national requirements.
The legal basis for CE marking has been the Construction Products Regulation (Regulation (EU) No. 305/2011) since July 1, 2013. Here you can find the consolidated version of November 17, 2024.
From January 8, 2026, the new Construction Products Regulation (Regulation (EU) 2024/3110) will also apply.
Parts of the old regulation relevant to CE marking are often not very different from the new provisions and will not be repealed until January 8, 2040. CE marking on the basis of the old Regulation (EU) No. 305/2011 is therefore still possible as long as no functions of the new Regulation, such as the declaration of sustainability, are required.
Creation of the CE marking
The manufacturer shall affix the CE marking to all construction products for which he has drawn up a declaration of performance in accordance with Articles 4 and 6 of Regulation (EU) No 305/2011. A declaration of performance is required if the construction product is covered by a harmonized European standard (hEN) or if a European Technical Assessment (ETA) has been issued for this product.
Download links:
Publication of harmonized standards (hEN) in the Official Journal of the EU
Implementing Decision (EU) 2019/451 – consolidated version
The preparation of the declaration of performance and CE marking is mandatory from the “end of the coexistence period” in column 5 of the list of harmonized standards published in the Official Journal of the EU.
In addition to the CE marking, no other markings referring to the “essential characteristics” may be affixed.
Further information on CE marking can be found in these instructions from the EU Commission.
Existing Construction Products Regulation (EU) No. 305/2011
Regulation (EU) No. 305/2011 came into force on July 1, 2013 and replaced the previous Construction Products Directive 89/106/EEC from 1989.
According to Regulation (EU) No. 305/2011, manufacturers of construction products must draw up a declaration of performance for each product covered by a harmonized standard (hEN) that has been published in the Official Journal of the EU and for which the coexistence period specified in the publication has expired. The same applies to construction products for which a European Technical Assessment has been issued. Construction products for which a declaration of performance has been drawn up must subsequently bear the CE marking.
New Construction Products Regulation (EU) 2024/3110
On December 18, 2024, the new Construction Products Regulation (EU) 2024/3110 was published in the Official Journal of the EU. It entered into force on January 7, 2025 and will be effective and applicable for economic operators from January 8, 2026.
The revision of the previous Regulation (EU) No. 305/2011 had become necessary primarily against the backdrop of the European Green Deal. A comprehensive compromise was reached as part of the so-called trilogue between the EU Commission, the EU Parliament and the Council of the EU.
Key objectives of the new regulation:
Construction Products Regulation
NEW
What’s new?
In order to improve worker protection and general product safety and to improve the functioning of the internal market, the new Construction Products Regulation extends the previous Declaration of Performance (DoP) to the Declaration of Performance and Conformity (DoPC).
While the Construction Products Regulation was previously limited to providing uniform (harmonized) procedures for the assessment and declaration of product performance across Europe, the new regulation now adds binding performance and product requirements at European level – for example on functionality, safety and environmental compatibility. These can be defined in harmonized standards, delegated acts of the Commission or voluntarily applicable standards. In addition, there will be binding guidelines for product information, instructions for use and safety information.
ATTENTION: These requirements only apply to products for which harmonized technical specifications or European Assessment Documents are already available or mandatory under the new regulation. For all others, the previous regulation remains valid in parallel for a transitional period until 2040.
There has been a standstill in the area of harmonized standards in recent years – with the result that many standards (which also serve as the basis for CE marking) are often outdated.
The new Construction Products Regulation will drive forward the revision and updating of these standards in the so-called acquis process. The Member States are actively involved in this process by informing the European Commission and a group of experts of all the essential characteristics, including assessment methods, threshold values, performance classes and product requirements, which are necessary to meet their national construction requirements for a product family.
The Commission should take these national requirements into account – or give reasons if this does not happen. Work is carried out according to a prioritized work plan, sorted by product group. The aim is to design harmonized standards in such a way that they meet both the requirements of the European internal market and the construction law requirements of the member states – and thus make the CE marking legally secure and applicable in practice.
For construction products without a harmonized standard, the ETA procedure offers a proven option for CE marking – this applies in particular to innovative, sustainable or used products.
However, with the new Construction Products Regulation, an ETA may only be issued once the underlying European Assessment Document (EAD) has been published in the Official Journal of the EU. Although this provides legal certainty, it can also lead to delays – a particular risk for new products on their way to the European single market.
The EOTA (European Organization of Technical Assessment Bodies) and the EU Commission are therefore currently working on announcing existing EADs under the old regulation and developing adapted procedural rules in parallel – also with a view to the future mandatory sustainability assessment.
The assessment of environmental sustainability is a central topic of the new regulation in terms of its basic requirements 7 and 8. In line with the European Green Deal, sustainability features will gradually become part of the Declaration of Performance and Conformity (DoPC) in accordance with the new harmonized standards and ETAs from 2026.
This new challenge offers European manufacturers the opportunity to reposition themselves on international markets by integrating sustainability into the CE marking – and at the same time to protect the environment.
The new Construction Products Regulation takes up the concept of the digital product passport from the Ecodesign Regulation (EU) 2024/1781. The aim is to make the environmental and sustainability assessment of products available digitally – supplemented by the full Declaration of Performance and Conformity (DoPC) and other technical documentation.
The measure is intended to drive digitalization in the construction industry – particularly with regard to BIM (Building Information Modeling) – and could also include machine-readable standards and assessment documents in the long term. However, the technical implementation is currently still under development.
Brief information for economic players:
Products in accordance with a harmonized European product standard (hEN) are only affected when this standard is promulgated under the new regulation. After the end of the coexistence period, the application of the new standard and thus the new Construction Products Regulation is mandatory for CE marking.
Announcements of the hEN will follow the timetable of the acquis process, starting with precast concrete elements probably as early as the end of 2025.
In principle, the old Construction Products Regulation (EU) No. 305/2011 will continue to apply in parallel with the new regulation until 2040 (!) and the basic principles of the old regulation are also largely to be found in the new one. If a declaration of sustainability parameters is neither mandatory nor voluntary and there are no other requirements that necessitate the application of the new regulation, the product can continue to be made available on the market and used with the CE marking in accordance with the old Construction Products Regulation.
Urgent action is required by manufacturers whose products are still being made available on the market with an ETA based on an ETAG. These ETAs will lose their validity on January 8, 2026 if they are not converted to an EAD in time.
Contact your Technical Assessment Body (TAB) immediately!
The basis (EAD or ETAG) on which your ETA is based can be found on the cover sheet of the ETA.
EADs and ETAs under the old regulation are still possible, but the EAD must be published by January 8, 2026. If the EAD was published during this period, this ETA can be used as the basis for further ETAs until January 9, 2036 and the EAD until January 9, 2031. Numerous EADs are expected to be published in the Official Journal in the course of 2025.
The status of the publication can be found on the EOTA website.
For EADs and ETAs under the old regulation, there is still no obligation to specify sustainability characteristics (see also: here). A voluntary addition of corresponding sustainability information to these documents is possible, taking into account the provisions of the new regulation.
If an EAD could not be promulgated by January 8, 2026, it must be revised and promulgated under the new ordinance and then remain valid for ten years (renewable) after its promulgation. An ETA drawn up on the basis of this EAD remains valid for five years longer than the EAD.
Graphic: Transition periods to the new ETA route according to Regulation (EU) 2024/3110
The diagram shows the relevant deadlines in connection with the transition from ETAG-based ETAs to EAD-based procedures, as well as the validity of existing and future assessment documents.
