Article 14 of the Construction Products Regulation describes your tasks and obligations as a distributor when you market and sell construction products. Read the provisions of Article 14 here:
- When making a construction product available on the market, distributors shall act with due care in relation to the requirements of this Regulation.
- Before making a construction product available on the market distributors shall ensure that the product, where required, bears the CE marking and is accompanied by the documents required under this Regulation and by instructions and safety information in a language determined by the Member State concerned which can be easily understood by users. Distributors shall also ensure that the manufacturer and the importer have complied with the requirements set out in Article 11(4) and (5) and Article 13(3) respectively.
Where a distributor considers or has reason to believe that a construction product is not in conformity with the declaration of performance or not in compliance with other applicable requirements in this Regulation, the distributor shall not make the product available on the market until it conforms to the accompanying declaration of performance and it complies with the other applicable requirements in this Regulation or until the declaration of performance is corrected. Furthermore, where the product presents a risk, the distributor shall inform the manufacturer or the importer thereof, and the market surveillance authorities.
- A distributor shall ensure that, while a construction product is under his responsibility, storage or transport conditions do not jeopardise its conformity with the declaration of performance and compliance with other applicable requirements in this Regulation.
- Distributors who consider or have reason to believe that a construction product which they have made available on the market is not in conformity with the declaration of performance or not in compliance with other applicable requirements in this Regulation, shall make sure that the corrective measures necessary to bring that product in conformity, to withdraw it or recall it, as appropriate, are taken. Furthermore, where the product presents a risk, distributors shall immediately inform the competent 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.
- Distributors shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of the construction product with the declaration of performance and compliance with other applicable requirements in this Regulation in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by construction products which they have made available on the market.
If you are an importer or distributor and you add your own name or mark to a construction product, you must be aware, that your role changes.
Under the law, you become a manufacturer, and you must thus meet all the obligations of a manufacturer.
This means that you must draw up the declaration of performance and affix the CE marking to the construction product, and that you become responsible for ensuring the factory production control of the construction product in accordance with the Construction Products Regulation and the relevant harmonised standard.
If the initial testing and calculation has already been carried out for the product in accordance with the harmonised standard, it is possible to use the test results and documentation. In order to do so, you need to obtain a permission from the manufacturer.