The European construction sector is navigating a significant regulatory transition. The Construction Products Regulation (CPR) provides a common technical language to assess and compare the performance of products across the EU Single Market. As of early 2026, the industry is moving from the long-standing Regulation (EU) No 305/2011 to the modernised Regulation (EU) 2024/3110. This shift introduces critical changes to how technical documentation is managed and how products are legally placed on the market — with the Declaration of Performance at the centre of it all.
From Regulation 305/2011 to Regulation 2024/3110: What Changed?
For over a decade, Regulation (EU) No 305/2011 served as the primary framework for harmonising the marketing of construction products. However, an evaluation by the Commission identified several areas for improvement, particularly regarding standardisation delays and the need for a framework fit for the digital age. Consequently, Regulation (EU) 2024/3110 was adopted to repeal the 2011 version, with most of the old regulation’s provisions phased out by January 8, 2026.
This transition is not merely administrative. It introduces a stronger focus on environmental sustainability and digitalisation. Manufacturers must now prepare for a world where technical data is not just a static document but a structured digital asset — one that feeds directly into the EU’s incoming Digital Product Passport (DPP) system. This evolution is central to the goals of the European Green Deal and the transition to a circular economy.
What Is a Declaration of Performance (DoP)?
The Declaration of Performance is the most important legal document for any construction product covered by the CPR. Under the outgoing Regulation 305/2011 framework, the DoP expressed a product’s performance in relation to its essential characteristics — properties such as reaction to fire, structural resistance, thermal insulation, and environmental sustainability. By signing this document, the manufacturer assumes legal responsibility for the product’s conformity with its declared performance.
Under Regulation 2024/3110, this document is expanded and renamed the Declaration of Performance and Conformity (DoPC). The DoPC combines performance data with a statement that the product complies with all applicable Union requirements — not just performance levels, but also product requirements introduced by delegated acts under the new regulation. Crucially, the new CPR mandates that these declarations be issued in a machine-readable format, ensuring they can feed directly into the Digital Product Passport.
What Does a DoP / DoPC Contain?
A Declaration of Performance must include the following information:
- The unique identification code of the product type
- The intended use of the product
- A list of essential characteristics and the declared performance values for each
- The harmonised technical specification or European Technical Assessment used as the basis for assessment
- The Assessment and Verification of Constancy of Performance (AVCP) system applied
- The name and identification number of the notified body involved, where applicable
- Environmental performance data, including lifecycle assessment information under the new regulation
The Role of CE Marking for Construction Products
While the DoP or DoPC contains the detailed technical data, the CE marking serves as the visible proof of compliance. It is the only marking that attests to a product’s performance regarding characteristics covered by harmonised technical specifications. Member States cannot require any additional conformity marking for products that fall within the harmonised zone.
It is important to note that the CE marking itself does not list performance values. It indicates that the product conforms to the data declared in its accompanying DoPC and that the correct assessment procedures were followed. Under both the old and new CPR, the CE marking must be affixed visibly, legibly, and indelibly to the product, its packaging, or accompanying documents before it is placed on the market. Under the new regulation, the CE marking will also be accompanied by a data carrier — such as a QR code — linking to the product’s digital passport.
Two Routes to the EU Market
A construction product can reach the market through two distinct pathways, depending on the availability of harmonised standards.
The Mandatory Route: Harmonised European Standards (hEN)
If a Harmonised European Standard (hEN) exists for a product type, the manufacturer must follow this route. The hEN defines the essential characteristics to be assessed and the assessment methods to be applied. The manufacturer assesses the product according to the applicable AVCP system, draws up the DoPC, and affixes the CE marking. This is the mandatory route — there is no legal alternative for products covered by a published and mandated hEN.
The Voluntary Route: European Technical Assessments (ETA)
For innovative products not covered by an existing hEN — which is common in the fixings, anchors, and specialist systems sectors — manufacturers can choose the voluntary route via a European Technical Assessment (ETA). This process involves working with a Technical Assessment Body (TAB) to develop a European Assessment Document (EAD) tailored to the product. Based on the EAD, the TAB issues the ETA, providing the documented basis for assessing the product’s performance. Once the ETA is in place, the manufacturer undergoes the relevant AVCP process, draws up the DoPC, and CE-marks the product.
Products assessed via the ETA route obtain the same legal standing on the EU market as those assessed under hENs. The ETA route is voluntary in the sense that no standard mandates it, but once a manufacturer chooses to CE-mark a product without hEN coverage, the EAD/ETA pathway is the only legally recognised route to do so.
Understanding AVCP Systems: How Much Third-Party Involvement Is Required?
Before a Declaration of Performance can be signed, the product must undergo the Assessment and Verification of Constancy of Performance (AVCP) process. The applicable AVCP system is determined per product family or category by the Commission through delegated acts, and it dictates the degree of third-party involvement required.
The systems range from most to least stringent as follows:
System 1+ requires a notified body to perform initial type testing, initial inspection of the manufacturing plant, ongoing surveillance, assessment, and audit testing. It applies to the highest-risk products where third-party control over the full production chain is essential.
System 1 is similar to System 1+, but without the audit testing element. A notified body still performs initial type testing and ongoing factory surveillance.
System 2+ involves a notified body certifying the factory production control system, with the manufacturer responsible for initial type testing. The notified body conducts ongoing surveillance of the FPC system.
System 3 requires a notified body to carry out initial type testing only. The manufacturer is responsible for all other tasks, including factory production control.
System 4 is full manufacturer self-declaration. No notified body is involved at any stage. The manufacturer conducts all testing and issues the DoPC based on its own assessment.
Understanding which system applies to a given product is critical, as it determines both the cost and timeline of the CE marking process and the content of the DoPC itself.
Preparing for Data-Driven Compliance: The Digital Product Passport
The transition from Regulation 305/2011 to Regulation 2024/3110 marks the end of the static PDF era for technical documentation. The new regulation introduces the Digital Product Passport (DPP) as a structured digital record linked to the product via a data carrier such as a QR code or RFID tag. The DoPC is the foundational data set for the DPP — meaning that the quality and structure of the declaration directly determines a manufacturer’s readiness for full digital compliance.
Manufacturers who continue to rely on manual, document-centric workflows will face significant bottlenecks as machine-readable DoPCs and digital passports become mandatory. By shifting to a structured data approach now, organisations can ensure they meet the new requirements for sustainability tracking, multilingual publication, and digital integration without the need for an emergency operational overhaul when the DPP obligations come into force.
Practical Checklist: Declaration of Performance under CPR 2024/3110
For manufacturers preparing or reviewing their DoPC process, the following checklist covers the key obligations:
- Confirm whether a mandated hEN exists for your product — check the Official Journal of the EU for published references.
- If no hEN exists, identify the relevant TAB and initiate the EAD/ETA process.
- Determine the applicable AVCP system via the relevant Commission delegated act for your product family.
- Engage a notified body where required under Systems 1+, 1, 2+, or 3.
- Conduct or commission the required testing and factory production control procedures.
- Draw up the DoPC covering all mandatory content elements, including environmental performance data.
- Ensure the DoPC is available in a machine-readable format and in the official language or languages of the Member States where the product is marketed.
- Affix the CE marking and data carrier to the product, its label, or its packaging.
- Make the DoPC available online and link it to the data carrier where required.
- Retain all technical documentation for at least 10 years from the date the product was last placed on the market.
The CE Marking Pathway at a Glance
The flowchart below shows how both routes — via harmonised standard (hEN) or European Technical Assessment (ETA) — lead to the same outcome: a completed DoP/DoPC, CE marking, and free circulation on the EU market.
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config:
theme: default
look: neo
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flowchart TB
NO_HEN["<b>Harmonised European Standard</b> (hEN) Does Not Exist."] --> TAB["<b>European Assessment Document</b> (EAD) Exists"]
DOP["<b>Declaration of Performance</b> (DoP) or <b>Declaration of Performance and Conformity</b> (DoPC) Drawn Up by Manufacturer"] --> CE["Manufacturer Affixes CE Marking to the <br>Construction Product<br>"]
CE --> MARKET["Construction Product Legally Placed on EU Market. <br> Free Circulation.<br>"]
HEN_EXISTS["<b>Harmonised European Standard</b> (hEN) Exists."] --> AVCP_HEN["Assessment and Verification
according to hEN"]
AVCP_HEN --> DOP
ETA["Assessment and Verification according to EAD. <b>European Technical Assessment</b> (ETA) Issued."] --> DOP
TAB --> ETA
CPR["<b>Construction Product Regulation (CPR)</b>
<i>EU Regulation 2024/3110</i>
Harmonised Rules for Marketing Construction Products in EU"] -- <b>Voluntary Route</b> --> NO_HEN
CPR -- <b>Mandatory Route</b> --> HEN_EXISTS
HEN_EXISTS@{ shape: rect}Meeting these obligations across multiple product lines, languages, and market regions is operationally demanding. Tools designed specifically for the structured creation, translation, and publication of Declarations of Performance can significantly reduce the administrative burden — allowing technical teams to focus on product development rather than document management. Request a trial account to see how Pelicopy handles this in practice.