Selling CE marked construction products

In the Union product legislation, manufacturer usually refers to a company operating within the EU, but the manufacturer’s duties laid down in the Construction Products Regulation apply to a manufacturer operating in any country.

If the manufacturer of a construction product is from outside the EU, the economic operator who first places the product on the European single market is obligated to ensure that the product complies with the European requirements.  The economic operator may be an authorised representative in the EU, an importer or a fulfilment service provider.  A seller of construction products (distributor) also has statutory responsibilities and obligations.   
 

An authorised representative is a natural person or company that has a written mandate from the manufacturer to act on the manufacturer’s behalf in relation to specified tasks. 

An importer is a natural person or company who places a product from outside the EU on the market. 

A fulfilment service provider is a natural person or company who provides, in the course of commercial activity, at least two of the following services: storage, packaging, labelling with address and sending without owning the products being processed.

A distributor is a natural person or company included in the supply chain, other than the manufacturer or the importer, who makes a construction product available on the market.

“Making available on the market” refers to supplying a construction product for distribution or use on the EU market in the course of commercial activity, whether in return for payment or free of charge.

“Placing on the market” refers to making a construction product available on the EU market for the first time.

Authorised representative

  • Verifies that the declaration of performance and the technical documentation has been prepared and retains them for a period of ten years after the placing on the market of the construction product. 
  • Provides the competent authority with all the information and documentation necessary to demonstrate the conformity of the construction product with the declaration of performance and other applicable requirements.
  • Cooperates with the market surveillance authority in all actions to eliminate the risks posed by the construction products that have been made available on the market.
  • Ensure that the product, its packaging or the documentation supplied with it indicate the name and contact details (including postal address) of the authorised representative, and the registered trade name or trademark.  

Importer

  • Only places on the market construction products that comply with the applicable requirements of the Construction Products Regulation.
  • Ensures, prior to the placing on the market, that the assessment and verification of constancy of performance has been carried out by the manufacturer in accordance with the applicable AVCP class.
  • Ensures that the manufacturer has prepared the technical documentation and a declaration of performance in Finnish and Swedish. 
  • Ensures that when the construction product is placed on the market, instructions and safety information in Finnish and Swedish are supplied with the product.
  • Ensures that the product is CE marked if it is required, that the required documentation has been supplied with the product and that the manufacturer has complied with the specified requirements.
  • Ensures, when necessary, that the product performance levels comply with the declaration by testing the product, for example.
  • Examines all complaints, defective products and returned products. 
  • Immediately takes corrective action if the construction product does not comply with the requirements. 
  • Where the product presents a risk, importers must immediately inform the competent national authorities of the Member States in which they made the construction product available thereof, giving details, in particular, of the non-compliance and of any corrective measures taken.
  • Makes the declaration of performance available to the market surveillance authorities and ensures that the technical documentation and all the information can be submitted to the authorities upon request. This is necessary to demonstrate the conformity of the construction product with the declaration of performance and other applicable requirements of the Construction Products Regulation.
  • Provides the competent authority with all the information and documentation necessary to demonstrate the conformity of the construction product with the declaration of performance and other applicable requirements.  
  • Cooperates with the authority in all actions to eliminate the risks posed by the construction products that have been made available on the market by importers.
  • Ensures that the product, its packaging or the documentation supplied with it indicate the name and contact details (including postal address) of the importer, and the registered trade name or trademark. 
  • An importer is considered a manufacturer and the manufacturer’s obligations apply when
    • the importer places the construction product on the market under their own name or trademark; or
    • the importer modifies a construction product already placed on the market in such a way that the performance level or class of the essential characteristics of the construction product may be affected.

Fulfilment service provider

  • Ensures that the manufacturer has prepared the technical documentation and a declaration of performance. 
  • Ensures that the product is furnished with a CE mark, that the required documentation has been supplied with the product and that the manufacturer has complied with the requirements of the Construction Products Regulation.
  • Ensures that when the construction product is placed on the market, instructions and safety information in Finnish and Swedish are supplied with the product. 
  • Immediately takes corrective action if the construction product does not comply with the requirements.
  • Cooperates with the market surveillance authority in all actions to eliminate the risks posed by the construction products that have been made available on the market.
  • Makes the declaration of performance and the technical documentation available to the market surveillance authorities and ensures that the technical documentation and all the information can be submitted to the authorities upon request.
  • Ensures that the product, its packaging or the documentation supplied with it indicate the name and contact details (including postal address) of the fulfilment service provider, and the registered trade name or trademark.

Distributor

  • Acts in a diligent manner and in compliance with the requirements of the Construction Products Regulation when placing a construction product on the market.
  • Ensures prior to placing the construction product on the market that the product is furnished with a CE mark if it is required and that the required documentation, instructions and safety information are supplied with the product in a language that the users understand.
  • Does not place the product on the market if the distributor knows or suspects that the product does not comply with the declaration of performance supplied with the product or the applicable requirements.
  • Ensures that the storage or transport conditions will not compromise compliance of the product with the declaration of performance or the other applicable requirements.
  • When necessary, takes the corrective measures necessary to bring the product into conformity, to withdraw it from the market or to recall it. Where the product presents a risk, the distributor must immediately inform the national authorities of the Member States in which they made the product available thereof, giving details, in particular, of the non-compliance and of any corrective measures taken.
  • Submits to the competent authority all information and documentation required to demonstrate that the construction product complies with the declaration of performance and the other applicable requirements, and cooperates with the authority in actions to eliminate the risks posed by the construction products that have been made available on the market by the distributor.
  • A distributor is considered a manufacturer and the manufacturer’s obligations apply when
    • the distributor places the construction product on the market under their own name or trademark; or
    • the distributor modifies a construction product already placed on the market in such a way that the performance level or class of the essential characteristics of the construction product may be affected.