Declaration of performance: distributor obligations under the new Construction Products Regulation
As of · sourced from primary law · not legal advice · Auf Deutsch lesen
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This English version was prepared with AI from the German page. No native speaker or lawyer has read it. Found a mistake? Write to office@proofpass.eu.
The short answer
For the declaration of performance, distributor obligations are to check and pass on, not to issue: the manufacturer draws it up (Art. 25(2) Regulation (EU) 2024/3110). The Regulation has applied since 8 January 2026. The declaration of performance and conformity takes over per product family only once new harmonised specifications apply.
Art. 25(2) Regulation (EU) 2024/3110; Art. 14(2) Regulation (EU) No 305/2011
Who draws up the declaration
The declaration of performance belongs to the manufacturer. The manufacturer determines the performance of the product and declares it. Distributors do not issue it.
What applies to distributors
Under the previous law you ensure, before making a product available, that it bears the CE marking where required and is accompanied by the required documents and by instructions and safety information in the language the Member State determines (Article 14(2) of Regulation 305/2011). Under the new law you also verify that the product is accompanied by a declaration of performance and conformity, or that the declaration is available on a website under Article 16(2) (Article 25(2) of Regulation (EU) 2024/3110).
Whatever the legal position, it pays to have the declaration for every product to hand before a customer asks.
What changes with the new Regulation
Regulation (EU) 2024/3110 entered into force on 7 January 2025 and has applied since 8 January 2026. It replaces Regulation 305/2011 step by step. When that reaches a product depends on its product family. The declaration of performance and conformity replaces the declaration of performance one year after the adoption of the implementing act that makes the new specification mandatory for the family, or later if the act says so (Article 95(9)). More in the guide to the declaration of performance under Regulation 2024/3110.
The declaration may be supplied electronically (Article 16 of Regulation 2024/3110).
What to do now
Take stock before the questions pile up.
- List every construction product in your range with its manufacturer.
- Request the current declaration for each product.
- Note the product family, so you can see when a switch is due.
- Record the version and date of the declaration.
- Ask manufacturers for updates instead of waiting.
Frequently asked questions
Does the old Construction Products Regulation still apply?
In part. The new Regulation replaces Regulation 305/2011 step by step, per product family. Article 94 repeals the articles that continue to apply with effect from 8 January 2040.
What is a declaration of performance and conformity?
The document that replaces the declaration of performance per product family, one year after the implementing act on the new specification or later (Article 95(9)).
May the declaration be provided digitally?
Yes. Supplying it by electronic means is the default there (Article 16(1) of Regulation 2024/3110).
With ProofPass
In the construction products module the manufacturer uploads the declaration of performance per product, with version and date. Distributors and customers retrieve it through the product page or the QR code. New versions are delivered to the registered recipients, and you see who opened them.
The terms and legal notices are in German, and the German version is binding.
Sources
As of 3 November 2026. The legal text in force prevails. This page is not legal advice; sources are given above.