Certification

Regulation 305/2011 applies to construction products, i.e. products that are intended to be a long-term component of built structures.

It came into force in March 2011, and aims to harmonize the regulations that apply in different States in order to facilitate the free movement of construction products in Europe while allowing Member States to guarantee a high level of structural safety and health protection to those using constructions on the basis of fundamental requirements.

It is the responsibility of the manufacturer or distributor with a presence in the Community to testify, either relying on its in-house resources or by referring to an approved certification body, that its products meet the requirements of a technical specification in accordance with the compliance certification procedures mentioned in the regulation.

Failure to comply with the regulation may incur sanctions of the following types:

•  Penal sanctions
  • Failure to provide CE marking: class 5 minor offence (a fine of 1,500 Euros for each unmarked product).
  • Failure to provide a certificate of CE compliance: class 5 minor offence.
  • Product with an illegal CE marking: this is a major offence (deception and forgery) that carries a maximum penalty of a fine of 37, 500 Euros and two years imprisonment.

• Administrative sanctions

The Directorate-General for Competition, Consumption and the Fight against Fraud  (DGCCRF), the Departmental Directorate for the Protection of the Civil Population (DDPP) and the General Directorate of Customs are empowered to detain the products in question and bring them into compliance.