CE Marking
Construction Products
Introduce your construction products to the European market reliably and safely.
Regulation (EU) 2024/3110 (CPR) establishes the harmonised conditions for the marketing of construction products in the European Union. It defines the requirements that these products must meet to ensure the proper functioning of construction works, a high level of health and safety protection, and environmental sustainability, thus ensuring their free movement in the internal market.
A "construction product" is considered to be any product or kit manufactured and placed on the market for permanent incorporation in construction works (both building and civil engineering works) or parts thereof, and the performance of which has an effect on the performance of the construction works with regard to the basic requirements for construction works. Regulation (EU) 2024/3110 also covers the obligations for used or reconditioned products.
To obtain the CE Marking, manufacturers, importers, or distributors must carry out a conformity assessment as stipulated in Regulation (EU) 2024/3110. This process involves preparing a Declaration of Performance (DoP) and a technical file for the product. Depending on the applicable system of assessment and verification of constancy of performance (AVCP), the process may be carried out by the manufacturer themselves or will require the mandatory intervention of a Notified Body.
To obtain the CE Marking for a Construction Product, the manufacturer/importer must guarantee the requirements established by Regulation (EU) 2024/3110 (CPR). However, depending on their features and scope of use, Construction Products may be subject to different legal acts (directives and/or regulations) included in the CE Marking.
For example, a construction product that incorporates electrical components (e.g., motorised roof windows or automatic garage doors) will be subject to other directives such as the Low Voltage Directive 2014/35/EU or the Electromagnetic Compatibility Directive 2014/30/EU. It is essential to conduct a complete analysis to identify all applicable legislation and ensure compliance with all requirements of each.
Construction Products
Below are some of the directives or regulations within the CE Marking that may apply to a Construction Product.
Radio Equipment (RED)
Low Voltage (LVD)
Electromagnetic Compatibility (EMC)
Restriction of Hazardous Substances (RoHS)
Batteries and Accumulators
Non-exhaustive list. Additional Regulations and Directives may apply to those listed here.
We are a company specialised in conformity with extensive experience in the international product certification sector. Whether you can opt for self-certification or require third-party certification, we dedicate all our resources to ensure that you certify your products in an agile, effective, and guaranteed way.
Product Certification
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Technical Documentation
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“We can only say that they are a great team of professionals. Thanks to their rigorous work and professionalism, we were able to successfully certify the CE and FCC marking of the first version of our product, Travel Sax.”
Ramón Mañas
Odiseimusic (CEO)
“They have made possible what would have been impossible on our own, or much more costly in terms of time and money, allowing us to enter the market with all our responsibilities covered.”
Manuel Vázquez
Oxi Instruments (CEO)
“The quality of their work is excellent; they have shown a level of professionalism and dedication that exceeds our expectations. Their commitment to excellence and their client-oriented approach make them an ideal choice.”
Marcos Bruñuel
Bitbrain (QA/RA Manager)
If you are a manufacturer or an importer and you intend to introduce a Construction Product into the European market, you need to know and understand a series of essential concepts.
According to Article 2, point 1, of Regulation (EU) 2024/3110 (CPR), a 'construction product' is defined as:
"any product or kit which is produced and placed on the market for incorporation in a permanent manner in construction works or parts thereof and the performance of which has an effect on the performance of the construction works with respect to the basic requirements for construction works".
Regulation (EU) 2024/3110 establishes several "Systems of Assessment and Verification of Constancy of Performance" (AVCP systems). These systems (numbered 1+, 1, 2+, 3, and 4) define the level of rigour of the assessment and the degree of involvement of a Notified Body, depending on the impact that the product and its characteristics have on the safety and compliance with the basic requirements of construction works.
- Manufacturer: among other responsibilities, must ensure that the product complies with all relevant EU requirements, carry out the conformity assessment, draw up the technical file, issue the Declaration of Performance (DoP), and affix the CE marking to the product.
- Authorised Representative: if the manufacturer is not established in the EU, they may appoint an authorised representative based in the EU. This representative acts on the manufacturer's behalf for certain tasks, such as ensuring the availability of the technical file and the declaration of conformity or cooperating with the competent national authority and providing the necessary information and documentation to demonstrate a product's conformity upon a reasoned request.
- Importer: broadly speaking, must verify that products manufactured outside the EU meet the necessary requirements before being placed on the EU market, ensuring that the manufacturer has carried out the appropriate conformity assessment and that the product bears the CE marking. In addition, among other possible commitments, they may be subject to registration in official databases or to payment of taxes for their recycling.
- Distributor: must ensure that the products they distribute comply with current EU legislation before marketing them, verifying that the manufacturer and importer have fulfilled their obligations.
- Notified Body: this is an entity designated by an EU member state, independent and authorised to assess whether a product meets specific requirements. Its involvement is mandatory for certain higher-risk products.
- Laboratory: an accredited laboratory is one that has demonstrated to a national accreditation body (e.g. ENAC in Spain) its technical competence, impartiality, and quality management according to the international standard ISO IEC 17025. Accreditation ensures that the tests it performs and the results obtained are reliable, officially recognised, and serve as a valid basis for the certification and presumption of conformity of products.
The need for the intervention of a Notified Body does not depend on the product category itself, but on the applicable AVCP system. Products subject to systems 1+, 1, and 2+ mandatorily require the intervention of a Notified Body for tasks such as product certification, initial inspection of the factory, or continuous surveillance of the production control. For products under systems 3 and 4, the intervention is limited or not necessary.
In the context of the CPR, the analogous concept to risk analysis is the performance assessment. The manufacturer must assess the performance of their product in relation to its 'essential characteristics' (e.g., fire resistance, acoustic insulation, mechanical resistance), which are defined in the applicable harmonised standard or European Assessment Document. This assessment determines the values and levels to be included in the Declaration of Performance.
Laboratory tests, known as Initial Type-Testing (ITT), are a fundamental part of the performance assessment. They are carried out on representative samples of the construction product to determine its key performance characteristics before it is placed on the market. The results of these tests form the technical basis for the manufacturer's Declaration of Performance.
The manufacturer must draw up and keep up-to-date a technical documentation that demonstrates how the product's performance has been assessed and verified. This documentation must include, at a minimum, a description of the product and its intended use, a copy of the Declaration of Performance (and, where applicable, the Declaration of Conformity), test and calculation reports, and the documentation describing the Factory Production Control.
The manufacturer is obliged to provide the necessary instructions and safety information for the end-user (professionals, installers). This information must allow for the correct handling, installation, use, and maintenance of the product, so that, once incorporated into the construction work, it can meet the performance declared by the manufacturer.
By affixing the CE Marking to a construction product, the manufacturer declares that they take responsibility for the conformity of that product with its declared performance and with the requirements of the applicable legislation. The marking must be accompanied by specific information, such as the last two digits of the year in which it was first affixed, the name of the manufacturer, the product identification code, the reference number of the Declaration of Performance, and the identification number of the Notified Body, if applicable.
Unlike other directives that use the Declaration of Conformity, in Regulation (EU) 2024/3110 (CPR) the key document is the Declaration of Performance (DoP). With this document, the manufacturer not only declares that the product is compliant, but also identifies the product, its intended use, and, most importantly, declares the performance of the product in relation to the relevant essential characteristics, taking responsibility for the accuracy of this information.
One of the most significant new features is that, in addition to the Declaration of Performance (DoP), manufacturers must now issue a Declaration of Conformity (DoC). While the DoP focuses on the technical performance of the product, the DoC is the document where the manufacturer declares that the product complies with all other applicable requirements of Regulation (EU) 2024/3110 (CPR), such as those related to sustainability, instructions and safety information, and the general obligations of the manufacturer. Both documents are now mandatory.
The direct equivalent in Regulation (EU) 2024/3110 (CPR) is Factory Production Control (FPC). This is an internal, documented, and permanent production control system that the manufacturer must establish and maintain. Its purpose is to ensure that mass-produced products maintain conformity with the performance declared in the DoP.
Regulation (EU) 2024/3110 (CPR) establishes a clear framework for the reuse and reconditioning of construction products. Economic operators who place used or reconditioned products on the market will have obligations similar to those of manufacturers of new products, and must guarantee and declare their performance to promote the circular economy in a safe and reliable manner.
Harmonised standards (hEN) are technical specifications drawn up by European standardisation bodies (CEN/CENELEC) at the request of the Commission. These standards establish the methods and criteria for assessing the performance of construction products in relation to their essential characteristics. They are the main route for complying with the technical requirements of Regulation (EU) 2024/3110 (CPR).
A construction product that conforms to harmonised standards or parts thereof (the references of which have been published in the Official Journal of the European Union) is considered to be in conformity with the declared performance in relation to the essential characteristics covered by those standards. This provides legal certainty for manufacturers who follow the standards.
A manufacturer established outside the EU may, by a written mandate, appoint an authorised representative established within the Union. This natural or legal person may perform specific tasks on behalf of the manufacturer as defined in the mandate, such as keeping the Declaration of Performance and the technical documentation at the disposal of the national surveillance authorities.
Regulation (EU) 2024/3110 (CPR) establishes mandatory environmental, climate and sustainability requirements. Manufacturers will be required to calculate and declare the environmental performance of their products throughout their life cycle, including aspects such as global warming potential (carbon footprint), resource use efficiency, and recycled material content.
When a construction product is not covered or not fully covered by a harmonised standard, the manufacturer cannot use that route for CE Marking. For these cases, there is the option of requesting a European Assessment Document (EAD). This document is a bespoke technical specification for an innovative product, drawn up by the European Organisation for Technical Assessment (EOTA) at the manufacturer's request, which allows them to assess the performance of their product and issue the corresponding Declaration of Performance.
Regulation (EU) 2024/3110 (CPR) introduces the Digital Product Passport. This is an electronic system that will provide digital access to all relevant product information, including the Declaration of Performance, instructions, sustainability information, and traceability. It will be accessed via a data carrier (e.g., a QR code) on the product.
Regulation (EU) 2024/3110 (CPR) details the responsibilities of importers and distributors. Under this regulation, they are no longer mere intermediaries. They must actively verify that the manufacturer has fulfilled their obligations: that the product bears the CE Marking, that it is accompanied by the Declaration of Performance and the Declaration of Conformity, that the Digital Product Passport exists, and that both the product and the manufacturer are correctly identified. They assume direct legal responsibility for the conformity of the products they market.
The new Regulation (EU) 2024/3110 (CPR) repeals and replaces the former (EU) 305/2011. Transitional periods are established to allow manufacturers, importers, and distributors to adapt to the new requirements, which are stricter in terms of sustainability, digital information, and the obligations of economic operators. During this time, products compliant with the old regulation may continue to be placed on the market under certain conditions.
We have compiled the most frequently asked questions from our clients
The CE Marking is a key indicator that a product complies with EU legislation on health, safety, and environmental protection. If your product falls into one of the more than 20 categories requiring this marking (such as toys, electronic devices, personal protective equipment, or medical devices), it is absolutely mandatory to be able to legally market it in the European Economic Area (EEA) (27 EU member states) and in 3 EFTA countries (Iceland, Liechtenstein, and Norway) (excluding Switzerland).
The manufacturer is ultimately responsible for ensuring the product meets the requirements and for affixing the marking.
It is one of the worst-case scenarios. It involves not only immediately stopping the sale of the product, but also organising and paying for the recall of all units that are already in shops or in the hands of consumers. On top of this are potential fines, the total loss of investment, and a severe blow to your company's trust.
The consequences of non-compliance are serious and may include:
Mandatory withdrawal of the product from the entire EU market.
Prohibition of sale and marketing.
Significant financial penalties.
Criminal liability if the product causes harm or injury.
Reputational damage to the brand.
The market surveillance authorities of each member state are responsible for enforcing the legislation.
According to Regulation (EU) 2024/3110 (CPR), a construction product is:
"any product or kit (such as a façade system) which is produced for incorporation in a permanent manner in construction works, whether buildings or civil engineering projects".
The essential characteristic is that the performance of such a product must directly influence the performance of the final work in key aspects such as structural safety, fire protection, hygiene, or sustainability.
A substantial modification is any change you make to a product that already has the CE Marking and that could affect the product's conformity with its declared performance or the conditions for which it was certified. For example, changing a key raw material or altering a component that affects its fire resistance. A substantial modification requires a complete new assessment of the product.
The CE Marking itself does not have an expiry date. However, the product's conformity is continuous. The validity of the Declaration of Conformity, the Declaration of Performance (DoP), and the technical file depends on several factors:
Changes to the product: If you significantly modify your product, a new assessment may be required.
Updates in legislation: If the applicable directives or harmonised standards change, you will need to re-evaluate your product to ensure it still meets the new requirements.
Certificates from Notified Bodies: These certificates do usually have an expiry date (typically 3 to 5 years), after which a re-evaluation is required.
As an importer, you have a crucial legal responsibility. Your most important role is to verify that the manufacturer has complied with all their obligations. You must ensure that the product has the CE Marking, that the Declaration of Performance (DoP) and the Declaration of Conformity (DoC) exist and are correct, that there is a Digital Product Passport (DPP), and that both the product and the manufacturer are correctly identified. Legally, you share responsibility for the product's conformity.
Under Regulation 2024/3110, both documents are now required:
The Declaration of Performance (DoP): This is the document where the manufacturer declares the technical performance of the product for its essential characteristics (e.g., 'fire resistance: class A1').
The Declaration of Conformity (DoC): This is the document where the manufacturer declares that the product complies with all other requirements of the regulation, such as those related to sustainability and safety.
The applicability of specific EU legislation (a Directive or Regulation) to a product primarily depends on two key factors:
The scope of application defined within the law itself: Each directive or regulation precisely describes the products it covers. For example, the Low Voltage Directive applies to electrical equipment operating within certain voltage ranges.
The intended use and characteristics of the product: The purpose for which the manufacturer has designed and marketed the product is decisive. For instance, a kitchen knife is not governed by the same rules as a surgical scalpel, although both can cut. Similarly, if a product has multiple functions (e.g., a toy with a radio), it may be affected by several directives simultaneously (the Toy Safety, Radio Equipment, and Electromagnetic Compatibility directives).
It is the manufacturer's responsibility to analyse their product in detail and cross-reference its characteristics and intended use with the scopes of application of all European legislation to determine which regulations it must comply with.
It depends on the Assessment and Verification of Constancy of Performance (AVCP) System that applies to your product.
For low-risk products (Systems 3 and 4), the manufacturer can perform most of the assessment tasks.
For products with higher safety implications (Systems 1+, 1, and 2+), the intervention of a Notified Body is mandatory to certify the product or supervise the production control.
The DPP is a system that provides electronic access to all product information (DoP, DoC, instructions, sustainability data, etc.) via a data carrier such as a QR code placed on the product. Its purpose is to increase transparency and traceability.
The new Regulation (EU) 2024/3110 (CPR) requires manufacturers to assess and declare the environmental impact of their products. This includes calculating and providing information on the carbon footprint, recycled material content, durability, and potential for reuse, thus promoting a circular economy.
For a laboratory to be accredited means that an official, independent body (ENAC in Spain) has confirmed that it is technically competent and that its test results are reliable and impartial.
In essence:
Guarantees Trust: It ensures that analyses and tests are performed correctly, with qualified personnel and calibrated equipment.
Based on the ISO/IEC 17025 Standard: The most demanding international standard for laboratories.
Facilitates Market Access: Its reports are the best proof for CE Marking and are internationally recognised.
Not the same as Certification: Accreditation confirms technical competence (they know how to perform the test), whereas certification (ISO 9001) only validates a management system.
In short, it is the highest guarantee that you can trust the results of a test.
Not always, but it is highly recommended. If your product can be self-certified, you could use a non-accredited laboratory for testing. However, choosing this path may lead to obtaining incomplete or even incorrect results due to the lack of external verification of the laboratory's capabilities. On the other hand, if a Notified Body is involved or you want the maximum guarantee and confidence before the authorities, you will definitely need an accredited laboratory. Otherwise, the results will not be accepted by the Body.
Accreditation guarantees reliability in the results and broader validity.
At Sherpa Certification, we only work with accredited laboratories.
The fundamental difference lies in the origin of the responsibility.
The manufacturer is the one who creates the product's conformity from scratch: they design it, test it, issue the technical documentation (DoP and DoC), and affix the CE Marking, assuming the original responsibility.
On the other hand, the importer introduces a product from a third country into the EU, and their main duty is to verify that the manufacturer has done all of the above correctly, adding their own identification to the product and becoming the legal entity responsible and the point of contact for the European authorities.
The implication is total and direct: if you sell a construction product under your own brand, even if you did not physically manufacture it, the law considers you the manufacturer, and you assume all of their legal responsibilities.
This means that you are the one who must draw up and sign the Declaration of Performance (DoP) and the Declaration of Conformity (DoC), ensure that all technical documentation exists and is correct, and be accountable to the authorities for the product's conformity and safety. In short, your brand on the product transfers full legal responsibility for it to you.
It is the complete file that demonstrates your product's conformity. It contains the product description, the DoP, the DoC, laboratory test reports, design calculations, and all the documentation of your Factory Production Control (FPC). You must have it available for the authorities if they request it.
It is the equivalent of a Quality Management System (QMS), but focused on production. FPC is the internal, documented, and permanent system that you implement to ensure that every unit you produce conforms to the performance you have declared. It is a mandatory requirement for all manufacturers of construction products.
A harmonised standard is a technical specification created by European standardisation bodies (such as CEN or CENELEC). If you manufacture your product following these standards, it is presumed ('presumption of conformity') that you comply with the essential requirements of the legislation. In short, they are the 'official' instructions that make it easier for you to comply with the law.
Harmonised standards are technical standards developed by European standardisation bodies (CEN, CENELEC, ETSI) which, if followed, grant a 'presumption of conformity' with the requirements of a directive. You can find lists of harmonised standards published in the Official Journal of the European Union, directly on the websites of the standardisation bodies, or on the European Commission's portal dedicated to CE Marking.
If your product is innovative and there is no harmonised standard (hEN), you cannot 'self-declare' the CE Marking directly. You must follow the European Assessment Document (EAD) route.
You must request this document from a Technical Assessment Body (TAB), which will create a bespoke technical specification for your product, allowing you to assess it and obtain the CE Marking.
The CE Marking is a key indicator that a product complies with EU legislation on health, safety, and environmental protection. If your product belongs to one of the more than 20 categories that require this marking (such as toys, electronic devices, personal protective equipment, or medical devices), it is absolutely mandatory to be able to legally market it in the European Economic Area (EEA). The manufacturer is ultimately responsible for ensuring that the product meets the requirements and for affixing the marking.
The law defines a toy as any product designed or intended, whether exclusively or not, for use in play by children under 14 years of age. The Directive itself includes a list of products that are not considered toys (e.g., collector's items, sports equipment, etc.) even though a child may use them.
The Directive applies to toys that are 'placed on the market', which implies a commercial activity. If you make a toy for your strictly personal use (e.g., for your child), you do not need the CE Marking. However, if you are going to distribute them, even if it is for free within the framework of a commercial or charitable activity, they are subject to the directive and must be safe and compliant.
Your role as an importer is crucial. You are legally responsible for ensuring that the manufacturer outside the EU has correctly carried out the entire CE Marking process. You must verify that the technical documentation, the EU Declaration of Conformity, and the toy's safety are in place. Additionally, you must indicate your name and address on the product or packaging to ensure traceability.
It is one of the worst-case scenarios. It involves not only immediately stopping the sale of the product, but also organising and paying for the collection of all units that are already in stores or in the hands of consumers. On top of this are possible fines, the total loss of investment, and a very hard blow to your company's trust.
The consequences of non-compliance are severe and can include:
Mandatory withdrawal of the product from the entire EU market.
Prohibition of sale and commercialisation.
Significant economic penalties.
Criminal liability in the event that the product causes damage or injury.
Reputational damage for the brand.
The market surveillance authorities of each member state are responsible for enforcing the legislation.
The Declaration of Conformity (DoC) is a legal and mandatory document in which the manufacturer or their authorised representative formally declares that the toy complies with all the requirements of the applicable EU legislation. By signing the DoC, the manufacturer assumes full responsibility for the conformity of the toy. This document must be available to the public and to the market surveillance authorities at all times.
The CE Marking itself does not have an expiry date. However, the product's conformity is continuous. The validity of the Declaration of Conformity and the technical file depends on several factors:
Changes to the product: If you significantly modify your product, you may need a new evaluation.
Updates in legislation: If the applicable directives or harmonised standards change, you will need to re-evaluate your product to ensure it still meets the new requirements.
Certificates from Notified Bodies: These certificates do usually have an expiry date (normally 3 to 5 years), after which a re-evaluation is required.
The applicability of specific EU legislation (a Directive or Regulation) to a product depends mainly on two key factors:
The scope of application defined within the law itself: Each directive or regulation precisely describes the products it covers. For example, the Low Voltage Directive applies to electrical equipment operating within certain voltage ranges.
The intended use and characteristics of the product: The purpose for which the manufacturer has designed and marketed the product is decisive. For example, a kitchen knife is not governed by the same rules as a surgical scalpel, even though both cut. Similarly, if a product has multiple functions (e.g., a toy with a radio), it may be affected by several directives simultaneously (the Toy Safety, Radio Equipment, and Electromagnetic Compatibility directives).
It is the manufacturer's responsibility to analyse their product in detail and cross-reference its characteristics and intended use with the scopes of application of all European legislation to determine which regulations it must comply with.
In most cases, you can self-certify your toy. If you fully apply the harmonised standards (such as EN 71) that cover all the risks of your product, you can follow the 'internal production control' procedure. You will only need the intervention of a Notified Body if you do not apply these standards or if you believe your toy presents a risk that requires external verification.
Yes. The only way to objectively demonstrate that a toy is safe and complies with the strict physical, mechanical, and, above all, chemical requirements (limits for heavy metals, phthalates, etc.) is through tests in a competent laboratory. These tests are a fundamental part of the technical file.
For a laboratory to be accredited means that an official, independent body (ENAC in Spain) has confirmed that it is technically competent and that its test results are reliable and impartial.
In essence:
Guarantees Confidence: It ensures that analyses and tests are performed correctly, with qualified personnel and calibrated equipment.
Based on the ISO/IEC 17025 Standard: The most demanding international standard for laboratories.
Facilitates Market Access: Its reports are the best proof for CE Marking and are internationally recognised.
Not the same as Certification: Accreditation confirms technical competence (they know how to perform the test), whereas certification (ISO 9001) only validates a management system.
In short, it is the highest guarantee that you can trust the results of a test.
Not always, but it is highly recommended. If your product can be self-certified, you could use a non-accredited laboratory for testing. However, choosing this path may lead to obtaining incomplete or even incorrect results due to the lack of external verification of the laboratory's capabilities. On the other hand, if a Notified Body is involved or you want the maximum guarantee and confidence before the authorities, you will definitely need an accredited laboratory. Otherwise, the results will not be accepted by the Body.
Accreditation guarantees reliability in the results and broader validity.
At Sherpa Certification, we only work with accredited laboratories.
The manufacturer designs and/or produces the toy and is ultimately responsible for its conformity. The importer introduces a toy from a third country into the EU market and shares the legal responsibility. The distributor (e.g., a shop) sells a toy that is already on the EU market and must ensure that it bears the CE Marking and the correct traceability information.
If you put your own brand on a toy, it means you assume full legal responsibility for the product's conformity, including the preparation of the technical file, the EU Declaration of Conformity, and the affixing of the CE Marking, even if the physical production is done by a third party. You have to control the process and have all the technical documentation in your name.
It is the complete file that demonstrates the toy's safety and conformity. It must include the safety analysis, a description of the design and manufacture, a list of components and materials, laboratory test reports, copies of the labelling and warnings, and the EU Declaration of Conformity. It is the first thing the authorities will ask for if there is an inspection.
It is crucial to ensure that each and every toy that comes off the production line is identical to the model that passed the tests and assessment. Good quality control prevents variations in materials or the assembly process from creating a non-compliant and, therefore, unsafe product.
A harmonised standard is a technical specification created by European standardisation bodies (such as CEN or CENELEC). If you manufacture your product following these standards, it is assumed ('presumption of conformity') that you comply with the essential requirements of the legislation. In short, they are the 'official' instructions that make it easier for you to comply with the law.
The presumption of conformity is a key principle of the CE Marking. It means that market authorities assume ('presume') that a toy that complies with the relevant harmonised standards also complies with the legal health and safety requirements of Directive 2009/48/EC. This greatly simplifies the process of demonstrating conformity for the manufacturer.
Harmonised standards are technical standards developed by European standardisation bodies (CEN, CENELEC, ETSI) which, if followed, grant a 'presumption of conformity' with the requirements of a directive. You can find lists of harmonised standards published in the Official Journal of the European Union, directly on the websites of the standardisation bodies, or on the European Commission's portal dedicated to CE Marking.
