• What is a construction product? 
• Why should manufacturers document construction products?
• How to document the performances of construction products
• CE-marking and Declaration of performance
• Requirements for non CE-marked construction products
• What kind of performances should the manufacturer declare?
• Dangerous substances

What is a construction product?

Two criteria must be met for products to be defined as construction products:

1. The product is placed on the market for incorporation in a permanent manner in construction works or parts thereof.

2. The product must also influence the basic requirements of construction works, which are:
- Mechanical resistance and stability
- Fire safety
- Hygiene, health, and environment
- Safety and accessibility in use
- Protection against noise
- Energy-saving and heat insulation
- Sustainability

Why should manufacturers document construction products?

Knowing the performances of construction products before using it in construction works

Construction products are not end-use products. They will be incorporated into construction works. It is, therefore, crucial to know the performances of construction products to ensure that construction works meet the technical requirements specified by the Building Code.

CE-marking ensures free access to the EEA market

CE-marking is proof that a construction product complies with the Construction Product Regulation. This means that the product can be sold freely throughout the entire EEA. CE-marked construction products from other EEA countries shall freely be sold in the EEA agreement, included Norway.

This does not automatically imply that the construction product can be used in Norwegian buildings. It is always necessary to check whether the performances of construction products are sufficient for the building to comply with the technical requirements in the Building Regulations.

How to document the performances of construction products

Mandatory CE-marking

CE-marking is mandatory for all construction products for which a harmonised product standard exists.

A harmonised product standard is a standard developed by the European Standardisation Organisation (CEN/CENELEC) according to a mandate from the European Commission concerning the CE marking of construction products. These harmonised product standards set therefore requirements and test methods to assess the performances of construction products covered by the scope of these harmonised product standards.

Voluntary CE-marking

Not all construction products have a CE-mark. This applies to construction products that are not covered by a harmonized product standard to document the product performance.

The manufacturer can then choose to CE-mark a construction product by obtaining a European Technical Approval (ETA). This is completely voluntary. The advantage is that the manufacturer can freely sell his product throughout the EU/EEA area.

If the manufacturer chooses not to CE-mark the construction product they will still have to document the relevant essential characteristics of the product.

How do I get an ETA?

1. A manufacturer asks a Technical Approval Body to make a European Technical Assessment (ETA) for their product.
2. An ETA is prepared based on an existing European Assessment Document (EAD). If an EAD does not already exist, the technical assessment body must prepare a new one.
3. The Declaration of performance and CE-marking are prepared based on the ETA.

CE-marking and Declaration of performance

CE marking and Declaration of performance

CE marking and the declaration of performance is mandatory for all construction products covered by a harmonised product standard or by a European Technical Assessment.

What is CE-marking?

The CE marking is applied to the construction product. If the manufacturer is unable to place all the information required for the CE marking on the construction product or packaging itself, the CE marking must be applied to an accompanying document. In this case, it can be combined with the declaration of performance.

The CE marking shall always refer to the reference number of the Declaration of Performance.

There are no language requirements for the CE marking.

What is the Declaration of performance?

The Declaration of performance is a document describing the performance of the product in detail. In the harmonised standard you will find a list of their required content.

The Declaration of performance must either:

• Accompany the construction product as hard copy
• Accompany the construction product electronically (as an attachment to an email or useing documentation solutions such as NOBB or productXchange, for example)
• Be published on a website that manufacturers referred to

If the manufacturer applies a QR code to the construction product with a link to the declaration of performance, purchasers may view the declaration of performance immediately. This means that the declaration of performance is, in a way, supplied with the construction product. The manufacturer may also publish the declaration of performance on a website. The manufacturer shall then provide information on where the declaration of performance can be downloaded. Information will normally be provided on the CE label.

All construction products on the Norwegian market shall have a Declaration of performance in Norwegian, Swedish or Danish.

Requirements for non CE-marked construction products

Mutual recognition and national regulations

Products not bearing the CE-marking are not covered by the Construction Product Regulation. These products are, however, subject to the mutual recognition principle and eventually national requirements. The EEA agreement, which Norway is a part of, ensures the free movement of products throughout the entire EEA. Construction products, which are not CE marked, may be sold in Norway as long as they meet the documentation requirement for sale of such products in Norway. You can find these requirements in the Norwegian regulation on the sales and documentation of products for construction works, chapter III.

National regulation of non CE-marked construction products

Non CE-marked construction products are of the same significance to construction works as CE-marked construction products. Therefore, these construction products must also have documented characteristics and performances.

In Norway, the requirements for documentation of non CE-marked construction products are:

• The relevant essential characteristics
• The name and contact information of the manufacturer/importer/distributor
• The technical specification, which is used, e.g. a national standard or a national approval from an EU/EFTA state
• The system used for assessment and verification of the product and the name of the eventual independent assessment body

There are no specific requirements regarding the layout of such documentation. It could be appropriate to have a document comparable to a Declaration of performance.

Language requirement

The product documentation must be in Norwegian, Swedish or Danish.

Reports and certificates from technical control bodies and/or other accredited bodies shall be accepted on an equal footing with Norwegian reports and certificates. The technical documentation does not have to be in Norwegian.

What kind of performances should the manufacturer declare?

To allow the user to assess the performances of the construction product it is preferable to declare as many performances as possible. There is no requirement for manufacturers to specify all the performances of a construction product. Manufacturers may sell a construction product as long as at least one performance is declared.

An essential characteristic for which the manufacturer provides no performance the characteristic should be declared as "NPD" (No Performance Determined). However, manufacturers are obliged to specify the performances expressed in terms of class or threshold as defined in harmonised product standards or European assessment documents. If the Norwegian Building Regulation specifies requirements for the performances of a construction product it is also essential to declare the performance of the product.

Dangerous substances

Information about dangerous substances shall be declared

Some construction products contain dangerous substances. It is, for instance, possible to find brominated flame retardants in building boards, wall panels, and insulation materials. It is also possible to find Bisphenol A in adhesives, sealants, outdoor paint, windows, and doors.

Manufacturers must provide users with information on the content of dangerous substances if the concentration of dangerous substances in construction products exceeds a certain level, cf. the REACH Regulation and the Construction Product Regulation.

How do manufacturers provide information on dangerous substances?

It is important to differentiate between substances/mixtures of substances and other construction products.

Manufacturers have to prepare safety data sheets for substances/mixtures (such as paint, adhesive, lacquer). Manufacturers must also provide information on the content of dangerous substances for other solid construction products (windows, building boards, impregnated timber), which contain hazardous substances.

No format is specified for this, unlike substances/mixtures for which manufacturers have to draw safety data sheets. It is up to the manufacturer to determine how to specify the content of dangerous substances.

The Construction Product Regulation article 6 states that information under REACH art. 31 and 32 shall be provided together with the declaration of performance. This means that the manufacturer must inform about the content of the particularly hazardous substances that are on the candidate list according to REACH. The information must be provided in the declaration of performance or as an additional document to the declaration of performance.

Some of the harmonised standards also contain information on hazardous substances. In such cases, it is important to use the description in the standard.

• Does my construction product need an independent third-party assessment
• Which notified body can assess my product?

Does my construction product need an independent third-party assessment?

There are five systems of assessment and verification

Many construction products are of major importance to construction works. Therefore, it may be necessary to subject certain construction products to an independent third-party assessment and verification.

However, not all construction products need the same form of assessment and verification. Different construction products have different importance in the final construction works.

The tasks of a third party and the tasks of the manufacturer are therefore categorised into systems for assessment and verification of the constancy of performance of construction products (hereafter the AVCP-systems). There are five systems in total detailing such tasks.

The European Commission decides AVCP-system

The European Commission decides which AVCP systems shall be applied to groups of construction products. The European Commission takes into account the significance of the construction product in construction works and the probability of defects in the manufacturing process when deciding the correct AVCP- system.

All construction products shall be subject to one or more specific systems depending on different essential characteristics. The systems are specified in harmonised product standards (Annex ZA.2) and European assessment documents.

In Norway, the AVCP systems are applicable for all construction products, even non CE-marked products

For non CE-marked products, economic operators selling a construction product in Norway shall use the system for assessment and verification as for a comparable CE-marked product. If you are unsure of which system to use, you can ask us here.

System 1+

The manufacturer shall carry out:

• factory production control
• further testing of samples taken at the factory by following the prescribed test plan

The notified product certification body shall issue the certificate of constancy of performance of the product based on:

• determination of the product-type based on the type testing (including sampling), type calculation, tabulated values or descriptive documentation of the product
• initial inspection of the manufacturing plant and factory production control
• continuous surveillance, assessment and evaluation of factory production control
• audit-testing of samples taken before placing the product on the market

System 1

The manufacturer shall carry out:

• factory production control
• further testing of samples taken at the factory by the manufacturer by following the prescribed test plan

The notified product certification body shall issue the certificate of constancy of performance of the product based on:

• determination of the product type based on of type testing (including sampling), type calculation, tabulated values or descriptive documentation of the product
• initial inspection of the manufacturing plant and factory production control
• continuous surveillance, assessment and evaluation of factory production control

System 2+

The manufacturer shall carry out:

• determination of the product-type based on type testing (including sampling), type calculation, tabulated values or descriptive documentation of the product
• factory production control
• testing of samples taken at the factory by following the prescribed test plan

The notified production control certification body shall issue the certificate of conformity of the factory production control based on:

• initial inspection of the manufacturing plant and factory production control
• continuous surveillance, assessment and evaluation of factory production control

System 3

The manufacturer shall carry out

• factory production control

The notified testing laboratory shall carry out

• determination of the product-type based on type testing (based on sampling carried out by the manufacturer), type calculation, tabulated values or descriptive documentation of the product.

System 4

The manufacturer shall carry out:

• determination of the product-type based on type testing, type calculation, tabulated values or descriptive documentation of the product
• factory production control

No tasks for the notified body

Which notified body can assess my product?

Notified bodies for CE-marked products

Only notified bodies designated for the specific product may carry out third-party assessments. Each state designates notified bodies at a national level after having certified that they meet certain requirements in terms of expertise and impartiality.

In Norway, the Norwegian Building Authority is responsible for the designation of notified bodies in the field of construction products. Here is a list of the Norwegian notified bodies under the Construction Product Regulation.

The designation of a Notified body is limited to the areas in which it has sufficient expertise. The appointment of a Notified body is limited to certain harmonised product standards and certain European assessment documents.

The product documentation contains information about notified bodies

Both the declaration of performance and the CE marking should indicate the identification number of the notified body as given in the NANDO-database.

For non-CE-marked products, the product documentation shall contain a reference to the third-party assessment body certified for the particular task.

Reports and certificates issued by technical inspection bodies in other EU/EEA countries are accepted on an equal footing with reports and certificates issued by accredited Norwegian certification bodies. These reports do not have to be in Norwegian.

Nando (New Approach Notified and Designated Organisations) Information System

Notification is an act whereby a Member State informs the Commission and the other Member States that a body, which fulfils the relevant requirements, has been designated to carry out conformity assessment according to the regulation. More about Nando

• The difference between selling and using construction products 
• National annexes in harmonised standards
• Understanding the Norwegian Building Code
• Use of Eurocodes 
• Are you an importer or distributor using your own brand or name on the product? 
• What is misleading marketing? 
• The different types of surveillance for construction products

The difference between selling and using construction products

Not all construction products sold on the EEA market can be used in Norwegian construction works.

This means that stakeholders using construction products must check whether the performances of construction products are sufficient to allow structures to meet the technical requirements of the Norwegian Building Regulations.

There are European rules on how the performances of construction products are to be documented and marketed, c.f. the Construction Product Regulation. But there are also national technical requirements for construction works. This means that construction products, which have documented performances, cannot necessarily be used in all Norwegian construction works.

Therefore, it is necessary always to check whether construction products have performances, which allow them to be used in Norwegian construction works.

National annexes in harmonised standards

There are more than 440 harmonised product standards. This means that the vast majority of construction products are covered by harmonised product standards.

A difference in local, geographical, climatic conditions, may justify the existence of national annexes. Be aware that Norway may prepare national supplements (labelled NA) for some harmonised product standards, such as:

• NS-EN 13240: 2001 Room heaters fired by solid fuel - Requirements and test methods.
• NS-EN 12566-3 Small wastewater treatment systems for up to 50 PT - Part 3: Packaged and/or site assembled domestic wastewater treatment plants.

Understanding the Norwegian Building Code

The Norwegian Building Regulation (TEK) is largely a performance regulation. This means that the technical requirements are specified in the form of either functions or performance in all essential areas.

Performance requirements are described in the guidelines to the Norwegian Building Regulation in the form of qualitative or quantitative performance. These qualitative or quantitative performances are designated as pre-accepted performance. This means that by complying with these pre-accepted performances you are deemed to comply with the Norwegian Building Regulation.

In the areas in which the Norwegian Building Regulation expresses requirements for functions, pre-accepted performance in the guidelines must express measurable performance or verifiable quality.

Use of Eurocodes

The EU has introduced common European design standards for structures, known as Eurocodes. The Eurocodes apply to the structural design of buildings and other civil engineering works including:

• geotechnical aspects;
• structural fire design;
• situations including earthquakes, execution, and temporary structures.

These Eurocodes provide common European design rules and a collective understanding of documentation concerning the load-bearing capacity and strength of construction products.

Eurocodes assumes that the contractor uses construction products that are compliant to a harmonised product standard. For instance, Eurocode NS-EN 1995 refers to the harmonised product standard NS-EN 13986 Wood-based panels for use in construction. This production standard must form the basis for documentation of the performances for these panels.

Be aware that safety is dependent on climatic and geographic geographical conditions. Each European country has the opportunity to use national supplements. In Norway, the Norwegian national annexes (NA) must be used. This means that the implementation and materials specified in Eurocodes, and any national annexes, must be followed.

Are you an importer or distributor using your own brand or name on the product?

When do the requirements apply to you?

When an importer or distributor sells construction products under its own brand /name
Importers or distributors are regarded as manufacturers either if

• they market construction products under their own name or brand or
• they alter a construction product, which is already marketed in a manner that may affect the performance of the construction product.

This has important consequences for importers or distributors for product documentation and technical documentation. The importers or distributors must have product documentation, e.g. declaration of performance and CE-marking, in their own name or brand name.

What does the importer or distributor do about the technical documentation?

The importer or distributor has to ensure that the manufacturer has carried out the tasks required of him by the Construction products regulation, and which are described in more detail in the systems for assessment and verification of construction product performance.

Also, importers must ensure that the third-party assessments from technical inspection bodies have been completed. See the table below.

• For system 3 (test laboratory) construction products, importers must ensure that a technical inspection body has completed a third-party assessment of the performance of the construction product
• For system 2+ (certification of production inspection in the factory), importers/distributors must ensure that a technical inspection body has certified the manufacturer's production inspection in the factory.
• For systems 1 and 1+ (product certification), importers must have a product certificate in their own name/under their own brand name.

What is misleading marketing?

It is unlawful to use incorrect or incomplete information that may mislead buyers and users of construction products to believe that a construction product may be lawfully used in Norwegian Construction Works when it is not the case.

It is also misleading marketing to specify performances for construction products, which are different to or better than their actual performances.

A less obvious example of misleading marketing is when a market operator uses small-scale testing on the effects of fire to assess the risk of fire spreading in the event of a real fire.

The different types of surveillance for construction products

Market surveillance

Construction products that do not have sufficient documentation or present a risk for health, safety and the environment must be removed from the market. The Norwegian Building Authority is the market surveillance authority for construction products in Norway.
Manufacturers, importers, and distributors are the target groups for this surveillance.

If contractors import construction products on a construction site, they too may be considered as importers, and therefore be subject to surveillance by the Authority.

The Authority may order these market operators to

• correct non-conformities,
• stop marketing and/or sale,
• withdraw materials from the market, and
• recall construction products that have already been placed on the market.

The Authority may also impose violation fees and coercive fines.

Inspection by the municipality

The municipality may order the removal of products from construction works. The municipality may also withdraw responsibility if the companies responsible have failed to fulfil their function or failed to comply with orders from the municipality. The municipality may also refuse to issue a certificate of completion of the construction works.

Reporting to central approval

The use of unlawful construction products by companies having the central approval from the Norwegian Building Authority shall be notified to the Norwegian Building Authority and ultimately may lead to the withdrawal of the central approval.