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1. The methods and the criteria for assessing the performance of a product in relation to its essential characteristics shall be laid down in harmonised standards made mandatory by means of the implementing acts referred to in paragraph 8 (‘performance harmonised standards’). Performance harmonised standards shall, where appropriate and without endangering the accuracy, reliability or stability of the results, provide methods for assessing the performance of the products in relation to their essential characteristics that are less onerous than testing.

2. The Commission shall, in accordance with Article 10 of Regulation (EU) No 1025/2012, request one or more European standardisation organisations to draft harmonised standards laying down essential characteristics and their assessment methods for one or more product families, or for one or more product categories within a family. The standardisation request shall set out the basic principles and reference points for the establishment of those essential characteristics and their assessment methods. The standardisation request shall explicitly state whether it covers or excludes used products from the scope of the request.

3. As part of the standardisation requests referred to in paragraph 2 of this Article, the Commission may also request the European standardisation organisations to provide the technical details necessary for the implementation of the assessment and verification system that is to be applied in accordance with the delegated acts referred to in Article 10(2).

4. The standardisation requests referred to in paragraph 2 may include a request to propose one or more of the following elements:

(a) voluntary or mandatory threshold levels in relation to the essential characteristics;

(b) classes of performance in relation to the essential characteristics;

(c) those essential characteristics which always have to be declared by manufacturers. Such standardisation requests shall set out the basic principles and reference points for the establishment of the elements requested.

5. Where it has included with its standardisation request a request for a proposal in accordance with paragraph 4 of this Article, the Commission is empowered to adopt delegated acts in accordance with Article 89 to supplement this Regulation by determining, for the product families or product categories and for the elements covered by that request, the elements referred to in paragraph 4, first subparagraph of this Article. After consulting the CPR Acquis Expert Group, the Commission may deviate from the proposals of the European standardisation organisation. The Commission is empowered to adopt delegated acts, irrespective of any prior standardisation request but on the advice of the CPR Acquis Expert Group, in accordance with Article 89 to supplement this Regulation by determining the elements set out in paragraph 4, first subparagraph of this Article in relation to any of the groupings of essential characteristics of a horizontal nature listed in Annex X.

6. In cases where, on the basis of the nature or technical characteristics of a product, it is apparent that testing would be unnecessary or redundant, the Commission is empowered to adopt delegated acts in accordance with Article 89 to supplement this Regulation by laying down conditions under which a product is to be deemed to satisfy a certain level, threshold level or to qualify for a class of performance without testing, or without further testing.

7. The Commission shall assess the compliance of harmonised standards with the relevant standardisation requests, with this Regulation and with other Union law, including general principles of law. The Commission may assess whether harmonised standards comply with other harmonised standards under this Regulation or with other harmonised standards the references of which have been published in the Official Journal of the European Union. The Commission shall carry out the assessment referred to in the first subparagraph of this paragraph and present its reasons in writing to the relevant European standardisation organisation and to the CPR Acquis Expert Group within six months after the relevant harmonised standard has been transmitted to it. Where the Commission considers that a standard, or a part thereof, is unsatisfactory, it shall specify the deficiencies. In order for the Commission to fulfil that obligation within that timeframe, the European standardisation organisations shall regularly inform the Commission of the progress and content of the European standardisation deliverable in accordance with Article 10(5) of Regulation (EU) No 1025/2012.

8. Where a harmonised standard is in conformity with applicable legal requirements and satisfies the requirements to be met in relation to the basic principles and reference points set out in the standardisation request, as well as in relation to the essential characteristics to be covered in view of the basic requirements for construction works, the Commission shall without delay adopt an implementing act making that standard mandatory. One year after such adoption the performance harmonised standard shall become mandatory for the purposes of this Regulation unless a later application date has been specified in the implementing act. A later application date shall be specified only in exceptional cases and its use shall be duly justified. A performance harmonised standard may be voluntarily applied from the date of the adoption of the implementing act. Where the Commission considers a harmonised standard or a part thereof to be unsatisfactory, it may adopt an implementing act making that harmonised standard mandatory with restrictions. The implementing acts referred to in the first and second subparagraph shall be adopted in accordance with the advisory procedure referred to in Article 90(2). Where it is not possible to make a harmonised standard mandatory with restrictions, the Commission may adopt an implementing act in accordance with Article 6.

9. When a Member State, the European Parliament or the Commission, the last with the support of the CPR Acquis Expert Group, considers that a performance harmonised standard does not entirely fulfil the applicable legal requirements or satisfy the demands to be met in relation to the essential characteristics to be covered in view of the basic requirements for construction works, the procedure for formal objections to harmonised standards as set out in Article 11 of Regulation (EU) No 1025/2012 shall apply.

10. The Commission is empowered to adopt delegated acts in accordance with Article 89 to amend Annex X by adding additional groupings of essential characteristics of a horizontal nature.