Declaration of Performance CPR: The Complete Guide to EU Construction Products Regulation 2024/3110 Compliance

The Declaration of Performance (DoP) is the cornerstone document of the EU Construction Products Regulation, functioning as the manufacturer’s legally binding statement that a construction product meets the requirements of harmonised European standards or European Technical Assessments. With the adoption of Regulation (EU) 2024/3110, which recasts and replaces the original CPR 305/2011, the obligations surrounding the DoP have been significantly strengthened, clarified, and in some cases expanded. Whether you are a manufacturer placing products on the EU market for the first time, an importer navigating third-country supply chains, or a specifier seeking to verify compliance, understanding the Declaration of Performance is not optional — it is a legal prerequisite. This article provides an authoritative, end-to-end analysis of the DoP under the new CPR framework, covering its legal basis, mandatory content, preparation procedures, digital delivery requirements, and the practical consequences of non-compliance.

1. Legal Basis and Regulatory Framework

The Declaration of Performance derives its authority from the Construction Products Regulation, which has undergone substantial evolution since its original enactment. The first CPR — Regulation (EU) No 305/2011 — replaced the Construction Products Directive (89/106/EEC) and introduced the DoP as a formal instrument to replace the previous declaration of conformity model. Regulation (EU) 2024/3110, published in the Official Journal of the European Union in late 2024, now consolidates lessons learned over more than a decade of implementation and addresses persistent weaknesses in market surveillance, economic operator obligations, and digital accessibility of compliance documentation.

1.1 The Relationship Between CPR 2024/3110 and Its Predecessor

CPR 2024/3110 does not simply amend 305/2011 — it repeals and replaces it in its entirety, with transitional provisions allowing existing DoPs and CE markings issued under the old regulation to remain valid for a defined period. Manufacturers who have previously prepared DoPs under 305/2011 must carefully audit their existing documentation against the new requirements, since 2024/3110 introduces both new mandatory content fields and revised definitions of economic operators. The new regulation also aligns more explicitly with the broader New Legislative Framework (NLF), including Decision 768/2008/EC, ensuring consistency with other CE marking directives such as the Low Voltage Directive (2014/35/EU) and the Machinery Regulation (EU) 2023/1230.

1.2 Harmonised Standards and European Technical Assessments

A DoP can only be drawn up when a harmonised standard (hEN) covers the product in question, or when a European Technical Assessment (ETA) has been issued by a Technical Assessment Body (TAB) designated under Article 29 of CPR 2024/3110. Harmonised standards are developed by CEN (European Committee for Standardisation) and CENELEC under a mandate from the European Commission. When a hEN is published in the Official Journal with its date of cessation of coexistence (DoC), manufacturers of covered products become legally obligated to draw up a DoP and affix CE marking. In the absence of a hEN, the ETA route via the European Assessment Document (EAD) provides an alternative pathway.

2. Who Must Draw Up a Declaration of Performance

Under CPR 2024/3110, the obligation to draw up a DoP falls primarily on the manufacturer. However, the regulation’s broadened scope of economic operator responsibilities means that other parties in the supply chain may also bear obligations that are directly tied to the existence, accuracy, and accessibility of the DoP.

2.1 Manufacturers

A manufacturer is any natural or legal person who manufactures a construction product, or has such a product designed or manufactured, and markets that product under their own name or trademark. The manufacturer bears full legal responsibility for the conformity of the product with the declared performance and for the accuracy of every element contained in the DoP. Under 2024/3110, this includes new obligations to ensure that the DoP is kept up to date whenever the product undergoes changes that may affect its declared performance.

2.2 Authorised Representatives

A manufacturer established outside the EU may appoint an authorised representative — a natural or legal person established within the EU — to fulfil specific obligations on their behalf. Crucially, drawing up the DoP itself cannot be delegated to the authorised representative; however, the representative may be mandated to make the DoP available, maintain it, and communicate with market surveillance authorities.

2.3 Importers and Distributors

Importers — those who place products from third countries on the EU market — must verify, before placing the product on the market, that the manufacturer has drawn up a DoP and that it accompanies the product. Distributors are similarly required to verify that the DoP is available in a language accessible to customers in the member state concerned. Under 2024/3110, both importers and distributors may assume manufacturer responsibilities and become legally equivalent to manufacturers if they place a product on the market under their own name or modify a product in a way that may affect its compliance with declared performance.

3. Mandatory Content of the Declaration of Performance

Article 6 of CPR 2024/3110 specifies the mandatory content of the DoP with greater precision than the original regulation. Annex III of the regulation provides a model template. Every DoP must contain the following elements, and omission of any mandatory field can render the DoP legally deficient.

3.1 Unique Identification Code

Each DoP must carry a unique identification code for the product type. This code links the DoP to the specific product type — not an individual item — and must be referenced on the CE marking affixed to the product. The code must be stable and unique across the manufacturer’s product portfolio, enabling traceability throughout the supply chain and facilitating market surveillance activities.

3.2 Intended Use and Applicable Harmonised Technical Specification

The DoP must clearly state the intended use or uses of the product as provided for in the applicable harmonised technical specification. For products covered by a hEN, this means referencing the relevant EN standard. For ETA-based products, the ETA number and date of issue must be provided alongside the name and identification number of the issuing TAB. This section defines the scope within which the declared performance applies and is critical for specifiers seeking to verify fitness for purpose.

3.3 System of Assessment and Verification of Constancy of Performance (AVCP)

The DoP must identify the AVCP system applicable to the product, as determined by the European Commission’s mandating decisions and listed in the relevant harmonised standard. The five AVCP systems — 1+, 1, 2+, 3, and 4 — determine the degree of third-party involvement required. Systems 1+ and 1 require involvement of a notified body for product certification. System 2+ requires a notified body to certify the manufacturer’s factory production control. Systems 3 and 4 involve less or no third-party involvement. The DoP must name the notified body involved (where applicable) and state the certificate of constancy of performance number or factory production control certificate number.

3.4 Declared Performance Table

The heart of the DoP is the declared performance table, which lists each essential characteristic relevant to the intended use as defined by the harmonised technical specification, and provides the corresponding declared performance. Where a characteristic is not declared, the entry “No Performance Determined” (NPD) may be used — but only where performance for that characteristic is not legally required in any member state for the stated intended use. Manufacturers must exercise caution here: the regulatory landscape across member states varies, and a blanket NPD for a characteristic that is regulated in certain member states can create significant compliance problems for distributors and importers operating in those jurisdictions.

3.5 Signatory Information and Declaration Statement

The DoP must conclude with the name and contact details of the manufacturer, the place and date of issue, and the signature of a duly authorised person on behalf of the manufacturer. CPR 2024/3110 permits digital signatures in accordance with Regulation (EU) No 910/2014 (eIDAS), which is a significant practical advancement that facilitates electronic DoP management systems.

4. Making the DoP Available: Digital Requirements Under CPR 2024/3110

One of the most practically significant changes introduced by CPR 2024/3110 relates to how the DoP must be made available. The original regulation already permitted — under specific conditions — the use of a website to provide the DoP instead of including a paper copy with every product. The new regulation substantially expands and formalises digital delivery obligations.

4.1 Online Availability and Persistent URLs

Under 2024/3110, manufacturers are required to make the DoP available on a publicly accessible website. The URL or digital identifier (such as a QR code or data matrix code) must be referenced on the product, its packaging, or an accompanying document. Critically, the regulation requires that the DoP remains available at this location for the entire product lifecycle — defined as the expected service life of the product plus at least ten years after the last unit has been placed on the market. Manufacturers must therefore ensure stable, persistent URL structures and robust digital archiving strategies.

4.2 Language Requirements

The DoP must be provided in the official language or languages required by the member state in which the product is to be made available. This requirement has significant practical implications for manufacturers supplying products across multiple EU member states. While the technical performance data in the DoP table is largely language-neutral (relying on standard codes and numeric values), the narrative portions — including the description of intended use and the signatory declaration — must be translated. Digital DoP platforms that serve language-specific versions based on user location have become an important compliance tool under this framework.

4.3 The DoP Register and EUDAMED Parallels

CPR 2024/3110 introduces provisions for a centralised EU-level register of DoPs and CE marking certificates, drawing conceptual parallels with the EUDAMED database used under the Medical Devices Regulation (EU) 2017/745. While the full implementation of this register is subject to secondary implementing acts from the Commission, manufacturers should begin preparing for the eventual obligation to submit DoP data to a centralised system, which will substantially enhance market surveillance capabilities across member states.

5. AVCP Systems in Practice: A Detailed Look

The Assessment and Verification of Constancy of Performance system is one of the most frequently misunderstood elements of the CPR framework. Selecting the correct AVCP system is not a manufacturer’s choice — it is determined by Commission decisions made at the time of mandate for each product family, and is reflected in the relevant harmonised standard.

5.1 System 1+ and System 1: Certification-Based Products

Products under System 1+ include those where performance failure in service could pose serious risks to health and safety. Structural concrete, fire-resistant doors, and certain load-bearing steel elements typically fall into this category. Under System 1+, a notified product certification body must not only test specimens and audit the factory production control (FPC) — it must also carry out ongoing surveillance testing of samples from the open market. System 1 involves similar certification but without ongoing market surveillance testing by the notified body.

A practical example: a manufacturer of fire-rated partition boards (covered by EN 13162 and related fire performance standards) operating under System 1 must have an approved notified body certify their FPC system and issue a certificate of constancy of performance. The certificate number must appear in the DoP. If the notified body withdraws the certificate due to an FPC audit failure, the manufacturer must immediately suspend CE marking and the DoP becomes invalid.

5.2 System 2+: FPC Certification

Under System 2+, the notified body certifies the FPC system rather than the product itself. Common in sectors such as aggregates and some precast concrete elements, System 2+ places greater responsibility on the manufacturer for initial type testing, while the notified body focuses on the FPC system’s integrity. The DoP must reference the FPC certificate number and the name of the certifying body.

5.3 Systems 3 and 4: Third-Party and Self-Declaration

System 3 involves a notified testing laboratory performing initial type testing, with the manufacturer responsible for FPC but without third-party certification of the FPC system. System 4 — the lightest touch — involves the manufacturer performing all tasks including initial type testing (or relying on in-house testing) and declaring conformity entirely on their own responsibility. While System 4 may appear simpler administratively, it places the full burden of proof on the manufacturer in the event of market surveillance investigations.

6. Common Errors in DoP Preparation and How to Avoid Them

Market surveillance authorities across EU member states have documented recurring categories of DoP non-compliance. Understanding these common errors is essential for manufacturers seeking to avoid product withdrawal orders, penalties, and reputational damage.

6.1 Incorrect or Outdated Standard References

Harmonised standards are regularly updated, and when a new version is published in the Official Journal and the coexistence period ends, DoPs referencing the superseded version become non-compliant. Manufacturers must implement a monitoring system for standard updates affecting their product portfolio and trigger a DoP revision process accordingly. This is particularly relevant for product families covered by standards currently undergoing revision, such as those within the EN 13501 fire classification series.

6.2 Misuse of NPD (No Performance Determined)

The NPD clause is widely misunderstood. It cannot be used to avoid declaring a characteristic that is legally regulated in any member state where the product will be placed on the market. For example, if a manufacturer intends to sell a product in Germany and France, and one of those countries has regulations requiring declaration of a specific characteristic, NPD is not permissible for that characteristic — even if it would be acceptable in other markets. Careful analysis of member state technical regulations is required before applying NPD to any characteristic in the DoP.

6.3 Missing or Incorrect Notified Body Information

For products under Systems 1+, 1, and 2+, the DoP must contain the name and identification number of the notified body involved. Errors in notified body numbers — even transposition errors — have been identified by national authorities as grounds for DoP invalidity. The official NANDO (New Approach Notified and Designated Organisations) database maintained by the European Commission is the authoritative source for verifying notified body identifiers and their scope of notification.

6.4 DoP Not Updated After Product Modification

Any modification to the product that could affect declared performance requires a new or revised DoP. This includes changes to raw material sourcing, production process parameters, or product geometry where these changes are outside the tolerances established during initial type testing. A common error is continuing to use an existing DoP after a product modification without assessing whether the modification is within scope of the original type test.

7. The DoP and CE Marking: An Inseparable Pair

The CE marking and the DoP are legally inseparable instruments. CE marking on a construction product without a corresponding, valid DoP is unlawful. Conversely, a DoP that is not accompanied by CE marking on the product is equally non-compliant. Article 8 of CPR 2024/3110 specifies that the CE marking must be affixed visibly, legibly, and indelibly to the product, its label, packaging, or accompanying documentation, and must reference the unique identification code of the DoP.

7.1 The CE Marking Does Not Indicate Suitability for Use

A critical and frequently misunderstood point — which CPR 2024/3110 addresses with greater clarity than its predecessor — is that CE marking on a construction product does not indicate that the product is suitable for any particular application. CE marking under the CPR indicates only that the manufacturer has declared the product’s performance against essential characteristics as defined by the applicable harmonised technical specification. Responsibility for specifying products that are fit for the intended application, in compliance with local building regulations and codes, rests with the specifier, designer, or installer — not with the CE marking itself.

8. Enforcement, Market Surveillance, and Consequences of Non-Compliance

CPR 2024/3110 significantly strengthens the market surveillance and enforcement framework compared to 305/2011. Member states are required to maintain active market surveillance programmes, and the regulation establishes clearer obligations for authorities to share information through the ICSMS (Information and Communication System for Market Surveillance) platform and through the RAPEX rapid alert system where products present serious risks.

8.1 National Market Surveillance Actions

National market surveillance authorities have broad powers under 2024/3110 and the overarching Market Surveillance Regulation (EU) 2019/1020 to inspect products, request technical documentation, and order corrective measures. Where a DoP is found to be non-compliant — whether due to missing content, incorrect AVCP system identification, or false performance declarations — authorities can require the manufacturer or importer to bring the product into conformity, withdraw it from the market, or issue a recall. Administrative penalties are determined by member state national law, but 2024/3110 sets minimum requirements for the effectiveness, proportionality, and dissuasiveness of penalty regimes.

8.2 Liability Implications

Beyond regulatory penalties, a deficient or false DoP exposes the manufacturer to civil liability under national product liability law implementing the Product Liability Directive (85/374/EEC, as modernised by Directive (EU) 2024/2853). If a construction product fails in service and investigation reveals that the DoP overstated performance — for example, declaring a fire resistance rating that the product cannot actually achieve — the manufacturer faces liability not only to the immediate purchaser but potentially to injured third parties. The DoP is discoverable evidence in litigation and must therefore be prepared with the same rigour as any other legal instrument.

Summary

The Declaration of Performance is the foundational legal document of EU construction products compliance under Regulation (EU) 2024/3110. It represents the manufacturer’s binding commitment to the declared performance of their product against essential characteristics defined by harmonised standards or European Technical Assessments. The new CPR strengthens requirements around mandatory content, digital availability, language accessibility, and economic operator responsibilities. Errors in DoP preparation — whether through incorrect standard references, improper use of NPD, or failure to update following product modifications — carry significant regulatory and civil liability consequences. Manufacturers, importers, and distributors operating in the EU construction products market must treat the DoP not as a paperwork exercise but as a legally critical instrument that underpins the entire CE marking system and the safety of the built environment.

Frequently Asked Questions (FAQ)

Q1: Is a Declaration of Performance required for all construction products sold in the EU?

No — a DoP is required only for construction products covered by a harmonised European standard (hEN) that has been published in the Official Journal of the EU with its coexistence period ended, or for products for which a European Technical Assessment (ETA) has been issued. Products not covered by any harmonised technical specification do not require a DoP and cannot bear CE marking under the CPR. However, such products may still be subject to national technical regulations in the member states where they are placed on the market. Manufacturers uncertain about coverage should check whether their product falls within the scope of any hEN published under CPR mandates, and consult a Technical Assessment Body (TAB) if they wish to pursue the ETA route for innovative products.

Q2: Can a single Declaration of Performance cover multiple products?

A single DoP may cover a product type — meaning a group of products that share the same essential characteristics, production process, and FPC system within defined tolerances. However, the DoP is tied to a unique product type identification code, and if different products in a range have different declared performance values, they require separate DoPs. Many manufacturers prepare family DoPs that cover a range of configurations (for example, different thicknesses or densities of an insulation product), provided that the declared performance table accurately reflects the performance of each variant. Manufacturers should clearly define the product type scope at the outset and ensure that the type testing programme covers all variants included in the DoP.

Q3: How long must a Declaration of Performance be retained?

Under CPR 2024/3110, the manufacturer must keep the DoP available — and retain the technical documentation underpinning it — for at least ten years after the last unit of the product type has been placed on the market in the EU. For products with long service lives, such as structural components, this can translate to a retention obligation of several decades. The technical documentation supporting the DoP — including initial type test reports, FPC records, and notified body certificates — must be retained for the same period and made available to market surveillance authorities upon request. Manufacturers should implement robust document management systems with clear retention schedules to meet this obligation.

Q4: What happens if a notified body withdraws a certificate referenced in the DoP?

If a notified body withdraws the certificate of constancy of performance or the FPC certification certificate referenced in a DoP — whether due to FPC audit failure, product non-conformity, or the manufacturer’s voluntary withdrawal — the legal basis for CE marking is removed. The manufacturer must immediately cease affixing CE marking to the product and must not place any further units on the market under the existing DoP. Products already on the market may need to be addressed depending on the reason for certificate withdrawal and national market surveillance requirements. The manufacturer must resolve the non-conformity, obtain a new or reinstated certificate from a notified body, and draw up a new or revised DoP before resuming CE marking and market placement.

Q5: Is a digital DoP legally equivalent to a paper DoP?

Yes — under CPR 2024/3110, a DoP made available on a publicly accessible website is legally equivalent to a paper DoP, provided that the digital version contains all mandatory content required by Article 6 and Annex III of the regulation, and that the product (or its packaging or accompanying documentation) references the URL or digital identifier where the DoP can be accessed. The regulation also permits digital signatures in accordance with eIDAS (Regulation (EU) No 910/2014). Manufacturers must ensure that the digital DoP is continuously accessible at a stable URL throughout the required retention period and that the content is presented in the required language(s) for each member state of supply.

Q6: Can a manufacturer use the NPD (No Performance Determined) option for all characteristics not commercially important to them?

No — the NPD option is not a discretionary tool for manufacturers to avoid declaring inconvenient performance values. NPD is only permissible for a given essential characteristic where that characteristic is not required to be declared by any member state for the product’s stated intended use. If any EU member state in which the product is or may be placed on the market requires declaration of a given characteristic through its national building regulations or technical provisions, NPD cannot be used for that characteristic. Manufacturers supplying products across multiple member states must conduct a jurisdiction-by-jurisdiction analysis of applicable national requirements before applying NPD. Using NPD inappropriately — particularly for characteristics that prove relevant to a subsequent building failure — can constitute a false DoP and trigger both regulatory sanctions and civil liability.

Q7: What is the difference between a Declaration of Performance and a Declaration of Conformity?

These two instruments serve different legal purposes under EU law and should not be confused. A Declaration of Performance (DoP) is specific to the Construction Products Regulation and declares the performance of a product against essential characteristics defined by harmonised standards or ETAs. It does not, by itself, indicate that a product is safe or fit for a specific use — it declares measurable performance values. A Declaration of Conformity (DoC), by contrast, is used under other New Legislative Framework directives and regulations — such as the Low Voltage Directive, the EMC Directive, or the Machinery Regulation — and declares that the product meets all applicable essential requirements of those instruments. Some construction products may require both a DoP (for CPR compliance) and a DoC (for compliance with other applicable EU legislation). Both documents are distinct and must be managed separately, though they may be referenced alongside each other in product documentation.

Q8: How does CPR 2024/3110 affect imported construction products from non-EU countries?

Importers of construction products from non-EU countries bear significant responsibilities under CPR 2024/3110. Before placing a product on the EU market, the importer must verify that the non-EU manufacturer has drawn up a valid DoP in accordance with the regulation, that the product bears CE marking, and that the required technical documentation has been prepared. If the importer cannot verify compliance, they must not place the product on the market. Importers must keep a copy of the DoP available for market surveillance authorities for the required retention period and ensure that the DoP is available in the language required in each member state of supply. Where a non-EU manufacturer cannot or does not fulfil their CPR obligations, the importer has the option — but also the risk — of assuming manufacturer responsibilities and drawing up the DoP themselves, thereby becoming legally equivalent to a manufacturer under EU law.

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