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Assessment and declaration of performance based on standards and common specifications

1. Where construction products have been designated as crisis-relevant goods, the Commission is empowered to adopt implementing acts, listing appropriate standards or establishing common specifications to cover the methods and the criteria for assessing the performance of those products in relation to their essential characteristics in the following cases:

(a) where there are no performance harmonised standards and no implementing acts adopted in accordance with Article 6(1) that cover the relevant methods and criteria for assessing the performance of those products in relation to their essential characteristics and no such standards or acts are expected to be adopted within a reasonable period; or (b) where severe disruptions to the functioning of the internal market, which led to the activation of the internal market emergency mode in accordance with Article 18 of Regulation (EU) 2024/2747, significantly restrict the possibilities of manufacturers to make use of performance harmonised standards or implementing acts adopted in accordance with Article 6(1) of this Regulation that provide the relevant methods and criteria for assessing the performance of those products in relation to their essential characteristics.

2. The implementing acts referred to in paragraph 1 shall set out the most appropriate alternative technical solution for the purposes of providing assessment and declaration of performance in accordance with paragraph 5. To that end, the references of European standards or references of relevant applicable international or national standards may be published in those implementing acts or, if there is no European standard or no relevant applicable international or national standard, common specifications may be established by those implementing acts.

3. The implementing acts referred to in paragraph 1 of this Article shall be adopted in accordance with the examination procedure referred to in Article 90(3) and shall apply until the last day of the period during which the internal market emergency mode is activated, unless those implementing acts are amended or repealed in accordance with paragraph 7 of this Article.

4. Before preparing the draft implementing act referred to in paragraph 1 of this Article, the Commission shall inform the committee referred to in Article 22 of Regulation (EU) No 1025/2012 that it considers that the conditions in paragraph 1 of this Article have been fulfilled. When preparing that draft implementing act, the Commission shall take into account the views of the CPR Acquis Expert Group and shall duly consult all relevant stakeholders.

5. Without prejudice to Articles 13 and 15, the methods and the criteria provided in the standards or common specifications referred to in paragraph 1 of this Article, or parts thereof, may be used for assessing and declaring the performance of construction products covered by those standards or common specifications in relation to their essential characteristics. From the day following the expiry or deactivation of the internal market emergency mode it shall no longer be possible to draw up declarations of performance and conformity based on the standards or the common specifications referred to in the implementing act referred to in paragraph 1 of this Article.

6. By way of derogation from Article 85(3), unless there is sufficient reason to believe that construction products covered by the standards or common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons or fail to achieve the declared performance, the declarations of performance and conformity of construction products which have been placed on the market in compliance with those standards or common specifications shall remain valid after the expiry or repeal of an implementing act adopted pursuant to paragraph 3 of this Article and after the expiry or deactivation of the internal market emergency mode.

7. Where a Member State considers that a standard or common specification as referred to in paragraph 1 is incorrect in terms of methods and criteria for the assessment of performance in relation to essential characteristics, it shall inform the Commission thereof by submitting a detailed explanation. The Commission shall assess that detailed explanation and, may, where appropriate, amend or repeal the implementing act listing the standard or establishing the common specification in question.