The national system for the placing of construction products on the market (with national declarations of performance and construction marks), established by the Construction Products Act ⁽¹⁾, applies on a compulsory basis to construction products that meet the following cumulative conditions:

• are placed on the market in Poland,
• are not subject on a compulsory basis to the requirements of Regulation (EU) No 305/2011 ⁽²⁾, i.e. are not covered by a harmonised standard within the meaning of this Regulation or a European Technical Assessment issued for them (if a construction product is covered by a harmonised standard for which the coexistence period referred to in Article 17(5) of Regulation (EU) No 305/2011 did not end, the manufacturer must apply the national system if CE marking is not yet used in accordance with the requirements of Regulation (EU) No 305/2011),
• are included in Annex 1 to the Regulation on the method for declaring the performance of construction products and the method for marking them with construction marks ⁽³⁾. This Annex sets out the groups of construction products for which national declarations of performance must be drawn up (and to which construction marks must, therefore, be affixed).

Legal basis:

- Article 5(2) and (3) and Article 8(8) point (2) of the Construction Products Act ⁽¹⁾

- § 7(1) of the Regulation on the method for declaring the performance of construction products and the method for marking them with construction marks ⁽³⁾

The following two types of technical specifications are applied under the national system for the placing or making available on the domestic market of construction products as national technical specifications:

1. Polish Standards of product:

- not having the status of a withdrawn standard, or

- having the status of a withdrawn standard but for no longer than a year from the date of withdrawal or until the date indicated in the preface to the replacement standard as the date of withdrawal of national standards that are in conflict with the standard concerned, if that period is longer than a year,

2. national technical assessments (when there is no relevant Polish Standard of product).

They are used as reference documents for the purpose of assessing and verifying constancy of performance of construction products, drawing up national declarations of performance and marking construction products with construction marks.

Legal basis:

- § 2 points (1) and (2) and § 3 (2) of the Regulation on the method for declaring the performance of construction products and the method for marking them with construction marks ⁽³⁾

Provisions on construction products do not contain a legal definition of this concept. In accordance with the Standardisation Act, a Polish Standard is a national standard, adopted by consensus and approved by the national standardisation body (i.e. the Polish Committee for Standardisation (Polski Komitet Normalizacyjny), publicly available and marked – on an exclusive basis – with the PN symbol (including, for example, PN-EN and PN-ISO). In order for a Polish Standard to be applied as a national technical specification for the placing of a construction product on the market, the scope of that standard should cover the construction product concerned and the standard should specify methods for assessing the performance of the construction product.

A list of Polish Standards and information on their scope is available on the website of the Polish Committee for Standardisation (www.pkn.pl).

Legal basis:

- Article 5(1) and Article 9(1) of the Standardisation Act ⁽⁴⁾

‘National technical assessment’ – is a documented, positive assessment of the performance of those essential characteristics of a construction product which, in accordance with the intended use, affect compliance with the basic requirements referred to in Article 5(1) point (1) of the Construction Law Act ⁽⁵⁾ by construction works in which the product will be used.

A national technical assessment is a type of national technical specification. It is issued at the request of a manufacturer if there is no Polish product standard that fully covers the construction product concerned. A manufacturer that has obtained a national technical assessment and conducted the required assessment and verification of constancy of performance on the basis of that national assessment may issue a national declaration of performance and mark a product with a construction mark.

National technical assessments are issued under Article 9 of the Construction Products Act ⁽¹⁾and the Regulation on national technical assessments ⁽⁶⁾.

A list of technical assessment bodies and national technical assessment bodies authorised to issue national technical assessments is available on the GUNB’s website.

Legal basis:

- Article 2 point (15), Article 8(1) and Article 9(1) and (2) of the Construction Products Act ⁽¹⁾

- § (1) of the Regulation on the method for declaring the performance of construction products and the method for marking them with construction marks ⁽³⁾

‘Construction mark’ – is a mark indicating that the construction product bearing this mark may be made available on the domestic market and used in the construction process.

Construction marks are not ‘awarded’ to construction products by any external ‘institution’, but affixed by manufacturers. The requirements to be met to affix a construction mark to a construction product are governed primarily by Article 8(1) of the Construction Products Act ⁽¹⁾and the Regulation on the method for declaring the performance of construction products and the method for marking them with construction marks ⁽³⁾.

By affixing a construction mark or having such a mark affixed to a construction product, the manufacturer assumes responsibility for the conformity of that product with its declared performance and the requirements set out in the Construction Products Act and in separate provisions applicable to that product.

Legal basis:

- Article 2 point (5) and Article 8(1) and (1a) of the Construction Products Act ⁽¹⁾

For each Polish standard marked with the PN-EN symbols, the reference number of the European EN standard introduced by the PN-EN standard concerned is provided on the website of the Polish Committee for Standardisation (www.pkn.pl).

‘Harmonised standard’ means a standard adopted by one of the European standardisation bodies listed in Annex I to Directive 98/34/EC, on the basis of a request (called a mandate) issued by the Commission, in accordance with Article 6 of that Directive. However, the European EN standard concerned receives the status of a harmonised standard within the meaning of Regulation (EU) No 305/2011⁽²⁾ only after the European Commission publishes references of that standard in the Official Journal of the European Union.

The Commission’s communications and decisions relating to the publication of titles and references of harmonised standards are available in, inter alia, the EU legal acts database (http://eur-lex.europa.eu). Thus, in order to determine whether the European construction product standard concerned is a harmonised standard within the meaning of Regulation (EU) No 305/2011, it must be checked whether that standard is included in the up-to-date list of harmonised standards published by the European Commission in the Official Journal of the European Union.

The above references contain, inter alia, the date of the beginning of the coexistence period (i.e. the date of applicability of the standard as a harmonised standard) and the date of the end of the coexistence period (i.e. the date of the end of the transitional period) for each harmonised standard.

From the date of the end of the above coexistence period, construction products covered by the harmonised standard concerned may be placed on the market only in accordance with the requirements of Regulation (EU) No 305/2011. The national system for the placing of construction products marked with construction marks on the market cannot be applied to such products. This means that such products cannot be placed on the market with construction marks.

During the transitional period, if a construction product is not placed on the market in accordance with Regulation (EU) No 305/2011, the manufacturer must apply the national requirements, including drawing up a national declaration of performance and marking the product with a construction mark.

Legal basis:

- Article 2 point (11), Article 4(1), Article 8(2) and Article 17(5) of Regulation (EU) No 305/2011⁽²⁾

^- Article 5(1) and (2) of the Construction Products Act⁽¹⁾

The Construction Products Act⁽¹⁾ also provides for ‘products authorised for individual use’. Construction products authorised for individual use in a construction work are construction products (excluding products covered by harmonised standards or conforming to European technical assessments issued for them) executed according to individual technical documentation, prepared by the designer of a (particular) construction work or agreed with that designer, for which the manufacturer has issued a declaration that the conformity of the construction product with that documentation and relevant provisions has been ensured.

The individual technical documentation referred to above should include a description of the design solution, material characteristics and information on the planned performance of the construction product, and specify the conditions for its use in the construction work concerned as well as, where necessary, operation and maintenance instructions. The declaration by the manufacturer should include the name and address of the person issuing the declaration, the name of the construction product and its place of manufacture, details of the technical documentation, confirmation of compliance of the construction product with the technical documentation and relevant provisions, the address of the construction work (construction site) in which the construction product is to be used, the place and date of issue and the signature of the person issuing the declaration.

Construction products authorised for individual use are not marked, including with construction marks. It follows from the term ‘product authorised for individual use’ that such a product is not mass-produced or intended for general use. A product intended for individual use cannot be freely traded, which means that such a product cannot be transferred, sold or handed over for use in another construction work.

The above is possible only in special cases – when products are designed and manufactured for special needs, produced for a single, specific construction work, and production equipment frequently needs to be adjusted so that the manufactured products can be used in that construction work.

Legal basis

- Article 10(1), (2) and (3) of the Construction Products Act⁽¹⁾

Checklist:

   1. Specifying the construction product (including assessing whether the product meets the criteria set out in the definition of ‘construction product’) and its possible intended use.

   2. Determining whether that construction product is covered by a harmonised standard (hEN) within the meaning of Regulation (EU) No 305/2011 ⁽²⁾.

If the product IS covered by such a standard → the requirements of Regulation (EU) No 305/2011 must be applied (information on the Commission’s website)

If the product IS NOT fully covered by a hEN and the manufacturer does not wish to voluntarily obtain a European Technical Assessment, go to step 3↓

    3. Determining to which group/sub-group of construction products specified in Annex 1 to the Regulation on the method for declaring the performance of construction products and the method for marking them with construction marks ⁽³⁾ should the construction product concerned be classified.

If the product DOES NOT qualify to any of the above groups of construction products → it is not covered by the obligation to draw up a national declaration of performance or to mark it with a construction mark before placing it on the market.

If it qualifies to at least one of the above groups of construction products, go to step 4 and continue↓

    4. Specifying or obtaining by the manufacturer the national technical specification appropriate for the construction product concerned, depending on, inter alia, the intended use of the product, which may be:

• Polish Standard of Product (a list of Polish Standards, including standards which introduce European standards is available on the website of the Polish Committee for Standardisation (www.pkn.pl), or

• a national technical assessment, which must be obtained if the construction product is not fully covered by a Polish Standard of product (see the reply to question: On what terms are national technical assessments issued?).

(a Polish Standard of product may have the status of a withdrawn standard but for no longer than a year from the date of withdrawal or until the date indicated in the preface to the replacement standard as the date of withdrawal of national standards that are in conflict with the standard concerned, if that period is longer than a year).

    5. Determining the essential characteristics of the construction product:

• If the national technical specification is a Polish Standard of product, it must be assessed which characteristics of the construction product covered by that standard are essential characteristics, i.e. in view of the intended use of the product, affect compliance with the basic requirements for construction works (specified in Annex I to Regulation (EU) No 305/2011).

• If the national technical specification is a national technical assessment, it already includes an assessment of the construction product in that regard.

    6. Determining the applicable national system for assessment and verification of constancy of performance, specified, depending on the intended use of the product, in Annex 1 to the above Regulation on the method for declaring the performance of construction products and the method for marking them with construction marks (individual essential characteristics may require application of different national systems).

    7. Carrying out the required tasks relating to the assessment and verification of constancy of performance,specified for the national system concerned in Section 4 of the above Regulation, with the participation of an accredited certification body or an accredited laboratory, if the system applied so requires:

• in the case of national system 1+ or 1, the manufacturer must obtain, inter alia, a national certificate of constancy of performance, while in the case of system 2+, the manufacturer must obtain a national certificate of conformity of the factory production control, issued by an accredited product certification body,

• in the case of national system 3, the manufacturer must, inter alia, engage an accredited testing laboratory to assess the performance of the construction product on the basis of tests on samples taken by the manufacturer, calculations, tabulated values or descriptive documentation of that product,

• under system 4, the manufacturer must carry out all the above activities, i.e. assess the performance of the product on the basis of tests, calculations, tabulated values or descriptive documentation of that product and carry out factory production control, without the participation of the above accredited laboratory or accredited certification body.

The manufacturer must carry out factory production control under all the above systems.

Information on accredited testing laboratories and product certification bodies can be found on the website of the Polish Centre for Accreditation (Polskie Centrum Akredytacji, PCA) (https://www.pca.gov.pl/akredytowane-podmioty/).

    8. Collecting all documents forming part of the technical documentation of the product, containing relevant elements related to the required national system for assessment and verification of constancy of performance (including the results of type testing and calculation, certificates and factory production control documents), which allows the manufacturer to determine the ‘product-type’ (see Section 2(6) of the above Regulation)and assign it (unique) marking.

    9. Drawing up a national declaration of performance for each ‘product-type’. The performance of the construction product declared in a national declaration in accordance with the applicable Polish Standard of product or national technical assessment must relate to these essential characteristics which affect compliance with the basic requirements by construction works, in accordance with the intended use of that product. The model national declaration of performance and its content are set out in Annex 1 to the Regulation on the method for declaring the performance of construction products and the method for marking them with construction marks.

  10. Preparing, where appropriate, instructions for use and operation or information on health and safety risks arising when the construction product is used and handled.

  11. Placing a construction mark and information accompanying that marking. They manner in which they are to be placed and the scope of the accompanying information are governed by Sections 10 to 12 of the above Regulation.

  12. Making the national declaration of performance available on the manufacturer’s website or sending it to the recipient of the construction product by electronic means and, at the recipient’s request, in paper form. If any chemical substances in the product fall within the scope of Regulation (EC) No 1907/2006 ⁽⁷⁾ (REACH), a safety data sheet or information on substances in the construction product referred to in Article 31 and Article 33 of Regulation (EC) No 1907/2006 respectively must be submitted or made available together with the national declaration.

Construction products marked, in accordance with the above rules, with construction marks and placed on the market in Poland may be then freely moved to other Member States in the internal market, pursuant to Regulation (EU) 2019/515 ⁽⁸⁾.

• If a national technical assessment has been issued for a construction product – then findings made in that national technical assessment regarding the performance of that product constitute an assessment of the performance of the product on the basis of tests on samples, calculations, tabulated values or descriptive documentation of that product, which means that ‘type testing and calculation’ is not required.
  

• If essential characteristics which are specified in the technical specification applied and relate to the intended use achieve a certain level or class of performance without testing or calculations being required, in accordance with the conditions specified in the national technical specification applied or the European Commission’s findings in that regard – then, when determining the type of the construction product and assessing its performance, the manufacturer may demonstrate in technical documentation that the above conditions indicated in the technical specification or in the Commission’s findings have been met instead of carrying out testing or calculations (‘type testing’).

• If another manufacturer has already assessed the performance of a construction product of the same type covered by a Polish Standard – then, when determining the type of the construction product and assessing its performance, the manufacturer may use the type testing results obtained by the other manufacturer, with that manufacturer’s consent, demonstrating in technical documentation that the above conditions have been met.

• If a manufacturer is a micro-enterprise and manufactures a construction product to which national system for assessment and verification of constancy of performance 3 or 4 applies – then the manufacturer may replace the testing methods indicated in the Polish Standard applied with other methods, if the equivalence of these methods is demonstrated in technical documentation.

Legal basis:

- § 4 (9), § 5(1) points (1) and (2) and § 5(2) of the Regulation on the method for declaring the performance of construction products and the method for marking them with construction marks ⁽³⁾.

Before placing a construction product on the market, only its manufacturer has the right and obligation, on the basis of, inter alia:

• the intended use of the product determined by that manufacturer, including the function that the product incorporated in a permanent manner in a construction work is to have,
• the effect of that product on compliance with the basic requirements for construction works (specified in Annex I to Regulation (EU) No 305/2011)⁽²⁾, as well as
• the material composition of the product and the technical solutions adopted

to determine or obtain a relevant reference document for that product (a harmonised standard, a Polish Standard of product, a national technical assessment or a European Technical Assessment), in order to apply the correct procedure for placing that construction product on the market.

A national technical assessment must be obtained (for products covered by the obligation to draw up a national declaration of performance) if:

• the construction product concerned does not fall within the scope of a Polish standard of product, or
• for at least one essential characteristic of a construction product, the assessment method provided for in a Polish Standard of product is not appropriate, or
• a Polish standard of product does not provide for an assessment method in relation to at least one essential characteristic of a construction product.

Legal basis:

^- Article 9(1) of the Construction Products Act⁽¹⁾

A national technical assessment is issued for a construction product in return for payment, at the request and expense of the manufacturer, by a Polish technical assessment body or a national technical assessment body (designated institute), for a period no longer than 5 years.

It is issued on the basis of an assessment of the performance of the construction product and the expected durability of the identified construction product, confirmed, as necessary, with tests and calculations, taking into account harmonised testing and calculation methods, inspections, experts’ opinions or other documents, taking applicable provisions, including technical and construction provisions, and technical knowledge into consideration in that assessment.

A list of technical assessment bodies and national technical assessment bodies designated to issue national technical assessments, together with the scope of their competence, is available on the GUNB website.

Legal basis:

- Article 9(2), (3) and (5) of the Construction Products Act ⁽¹⁾

The model request for a national technical assessment, the procedures for issuing and amending national technical assessments and for extending their validity, as well as, inter alia, the content of national technical assessments are set out in the Regulation on national technical assessments ⁽⁶⁾.

The following five national systems for assessment and verification of constancy of performance have been established: 1+, 1, 2+, 3 and 4. The scope of activities to be carried out by a manufacturer in connection with the assessment and verification of constancy of performance of a construction product, as well as the scope of that assessment and verification carried out, at the manufacturer’s request, by a product certification body or a testing laboratory, accredited in accordance with the Act on conformity assessment and market surveillance systems ⁽⁹⁾, which are not accredited in-house bodies, have been set out for each of these national systems.

Individual groups of construction products are assigned to the required national systems (taking into account their intended use) in Annex 1 to the Regulation on the method for declaring the performance of construction products and the method for marking them with construction marks ⁽³⁾.

Under national systems ‘1+’ and ‘1’, the participation of, inter alia, an accredited product certification body is required and a national certificate of constancy of performance must be obtained. Under system ‘2+’, an accredited product certification body carries out factory production control certification and issues a national certificate of conformity of the factory production control (while a manufacturer, inter alia, carries out ‘type testing and calculation’), whereas under system ‘3’, the above ‘type testing and calculation’ is carried out by an accredited testing laboratory at a manufacturer’s request. Under system ‘4’, a manufacturer carries out all the tasks relating to the assessment and verification of constancy of performance of a construction product (i.e. determining the type of the construction product, assessing the performance of the product on the basis of tests, calculations, tabulated values or descriptive documentation of that product and carrying out factory production control) without the participation of an accredited certification body or an accredited testing laboratory.

Legal basis:

- § 4(1) to (6) and § 6 of the Regulation on the method for declaring the performance of construction products and the method for marking them with construction marks ⁽³⁾

The participation of product certification bodies or testing laboratories, accredited in accordance with the Act on conformity assessment and market surveillance systems ⁽⁹⁾, is required (to a different extent) under the national systems for assessment and verification of constancy of performance of construction products.

In order to carry out activities under national systems 1+, 1 and 2+, a certification body must be accredited as a product certification body carrying out activities resulting from these systems in relation to a construction product or a group of construction products. A testing laboratory may carry out activities under national system 3 if it is accredited as a testing laboratory with a scope of accreditation determined by reference to standards for test methods and test or calculation procedures referred to in national technical specifications, and relating to construction products.

Information on product certification bodies and testing laboratories accredited by the Polish Centre for Accreditation can be found on the website of the Polish Centre for Accreditation: www.pca.gov.pl/akredytowane-podmioty/.

Legal basis:

- § 4(1), § 6(1) and (2) and § 7(1) of the Regulation on the method for declaring the performance of construction products and the method for marking them with construction marks⁽³⁾

The participation of a testing laboratory, accredited in accordance with the Act on conformity assessment and market surveillance systems ⁽⁹⁾ as a testing laboratory with a scope of accreditation determined by reference to standards for test methods and test or calculation procedures referred to in national technical specifications, and relating to construction products, is required under national system for assessment and verification of constancy of performance ‘3’.

The above accreditation should be understood as the accreditation referred to in Regulation (EC) No 765/2008 ⁽⁶⁾, which is binding in its entirety and directly applicable in all Member States.. This Regulation applies to accreditation, used on a compulsory or voluntary basis, relating to conformity assessment, whether that assessment is compulsory or not, and irrespective of the legal status of the body performing the accreditation. It provides for, inter alia, the possibility of cross-border accreditation and sets out the principles of cooperation between national accreditation bodies within the framework of European accreditation infrastructure.

At the same time, national authorities must recognise the equivalence of the services delivered by those accreditation bodies which have successfully undergone peer evaluation (referred to in the above Regulation), and thereby accept (on the basis of presumption) the accreditation certificates of those bodies and the attestations issued by the conformity assessment bodies accredited by them.

The Polish national accreditation body within the meaning of Regulation (EC) No 765/2008 is the Polish Centre for Accreditation.The PCA is responsible for, inter alia, the granting of accreditation to conformity assessment bodies and international cooperation in the field of accreditation. The PCA may also conclude agreements for the mutual recognition of competence of accredited conformity assessment bodies with foreign accreditation bodies.

As regards the possibility of the participation of foreign testing laboratories in assessments of products under national system ‘3’, the PCA recognises accreditation granted to laboratories by accreditation bodies, signatories of multilateral agreements (EA MLA and ILAC MRA), signed by national accreditation bodies which are members of international organisations brining such bodies together (EA and ILAC). One of the conditions for recognising such laboratories as competent to carry out tasks under the above national system ‘3’ is that their scope of accreditation must refer to standards for test methods and test or calculation procedures referred to in national technical specifications, and relate to construction products. The Polish Centre for Accreditation is competent to assess this.

Legal basis:

- § 4(1) and (5) and § 6(2) of the Regulation on the method for declaring the performance of construction products and the method for marking them with construction marks⁽³⁾

- Article 1(1) point (5), Article 4 point (1) and Article 39 of the Act on conformity assessment and market surveillance systems⁽⁹⁾

- Article 2(10), Articles 3, 7, 10 and Article 11(2) and Article 14 of Regulation (EC) No 765/2008 ⁽¹⁰⁾

In the case of national systems for assessment and verification of constancy of performance ‘1+’ and ‘1’, one of the documents required to draw up a national declaration of performance is a national certificate of constancy of performance, and in the case of system ‘2+’ a national certificate of conformity of the factory production control – issued by a product accreditation body accredited in accordance with the Act on conformity assessment and market surveillance systems ⁽⁵⁾. The above product certification body must be accredited to carry out activities resulting from the above national systems in relation to the relevant construction product or the relevant group of construction products.

The above accreditation should be understood as the accreditation referred to in Regulation (EC) No 765/2008 of the European Parliament and of the Council⁽⁹⁾, which is binding in its entirety and directly applicable in all Member States. This Regulation applies to accreditation, used on a compulsory or voluntary basis, relating to conformity assessment, whether that assessment is compulsory or not, and irrespective of the legal status of the body performing the accreditation. It provides for, inter alia, the possibility of cross-border accreditation and sets out the principles of cooperation between national accreditation bodies within the framework of European accreditation infrastructure.

At the same time, Regulation (EC) No 765/2008⁽¹⁰⁾ provides that national authorities must recognise the equivalence of the services delivered by those accreditation bodies which have successfully undergone the peer evaluation referred to in that Regulation, and thereby accept, on the basis of presumption, the accreditation certificates of those bodies and the attestations issued by the conformity assessment bodies accredited by them.

The Polish accreditation body within the meaning of Regulation (EC) No 765/2011 is the Polish Centre for Accreditation, which is responsible for, inter alia, the granting of accreditation to conformity assessment bodies and international cooperation in the field of accreditation. The PCA may also conclude agreements for the mutual recognition of competence of accredited conformity assessment bodies with foreign accreditation bodies.

In the case of national systems ‘1+’, ‘1’ and ‘2+’, accreditation to carry out activities resulting from these national systems is granted to bodies certifying products under the systems by the Polish Centre for Accreditation as accreditation dedicated to a regulated area, in relation to the requirements of a sectoral accreditation program described in DAC-24 document ‘Accreditation of conformity assessment bodies under national systems for assessment and verification of constancy of performance of construction products’ (available at the PCA’s website: www.pca.gov.pl). The document specifies, inter alia, accreditation requirements for product certification bodies assessing conformity as part of the tasks resulting from the above Regulation on the method for declaring the performance of construction products and the method for marking them with construction marks.

It follows that in special cases ‘national certificates of constancy of performance’ and ‘national certificates of conformity of the factory production control’ awarded by foreign product certification bodies may be

considered as meeting the requirements of the Regulation on the method for declaring the performance of construction products and the method for marking them with construction marks (e.g. certificates issued by foreign bodies accredited by the PCA). The Polish Centre for Accreditation is competent to assess this.

Legal basis:

- § 4(1), (2), (3) and (4) and § 6(1) of the Regulation on the method for declaring the performance of construction products and the method for marking them with construction marks⁽³⁾

- Article 1(1) point (5), Article 4 point (1) and Article 39 of the Act on conformity assessment and market surveillance systems⁽⁹⁾

- Article 1, Article 2 point  (10), Articles 3, 7 and 10, Article 11(2) and Article 14 of Regulation (EC) No 765/2008 ⁽¹⁰⁾

The obligation to draw up national declarations of performance applies to construction products covered by Annex 1 to the Regulationon the method for declaring the performance of construction products and the method for marking them with construction marks ⁽³⁾. It should be noted that footnote¹⁾ after the title of that Annex indicates that this obligation does not apply to construction products covered by harmonised standards or conforming to European technical assessments issued for them which are placed or made available on the domestic market in accordance with Regulation (EU) No 305/2011 ⁽²⁾) or construction products placed on the market based on the ‘principle of mutual recognition’.

At the same time, in accordance with Article 5(2) of the Construction Products Act ⁽¹⁾, a construction product not covered by a harmonisation standard for which the coexistence period referred to in Article 17(5) of Regulation (EU) No 305/2011 has ended and for which a European technical assessment has not been issued may be placed on the market if it has been marked with a construction mark whose model is set out in Annex 1 to this Act.

In order for a construction mark to be affixed to a construction product, the manufacturer of that product must first and foremost, draw up, under that manufacturer’s sole responsibility, a national declaration of performance of the construction product. The construction mark cannot be affixed to the construction product if the national declaration of performance is not drawn up. Article 8(1) of the Construction Products Act provides that a construction mark is affixed to a construction product for which the manufacturer has drawn up, upon that manufacturer’s sole responsibility, a national declaration of performance of the construction product. The performance of the construction product declared in a national declaration in accordance with the applicable Polish Standard of product or national technical assessment must relate to these essential characteristics which affect compliance with the basic requirements by construction works, in accordance with the intended use of that product.

A manufacturer shall mark a construction product with a construction mark before it is placed or made available on the domestic market. The reference number of a national declaration of performance and the type designation of the construction product shall accompany the construction mark affixed to the construction product.

It follows that the manufacturer shall issue the national declaration of performance before the placing or making available on the domestic market of (the first ‘item’ of) the construction product of the given type. This means that the manufacturer must issue one declaration of performance applicable to all the items of the construction product of the given type placed on the market after that declaration is issued. The manufacturer of the product is not required to issue a new national declaration as long as the data included in it are up-to-date and as long as the conditions relating to the issue of that declaration do not materially change.

Constancy of performance of a construction product may need to be assessed and verified once again and a declaration of performance may need to be issued once again if, for example:

• the manufactured product is altered in such a way that its performance no longer corresponds to the performance declared in the national declaration of performance,
• the conditions of manufacture relating to the material composition, the manufacturing system or other factors which may result in the change of the type of construction product for which the national declaration concerned has been drawn up are changed,
• the technical specification on the basis of which the performance has been declared is changed or there is no longer a legal way of declaring performance on the basis of the specification concerned (e.g. a Polish Standard cannot be applied because it has been removed from the set of Polish Standards, or a national technical assessment is no longer valid),
• a document used in the assessment process is no longer valid, e.g. a certificate of constancy of performance, if it was required, is no longer valid.

Legal basis:

- § 2 point (6), § 8, § 10(1) and § 11(1) points (3) and (5) of the Regulation on the method for declaring the performance of construction products and the method for marking them with construction marks⁽³⁾

A manufacturer must make a copy of a national declaration available on that manufacturer’s website for a period of 10 years from the date on which a construction product is placed on the market When making the national declaration of performance available on the website, the manufacturer must ensure that the content of the national declaration is not changed after it is made available on the website and indicate the address of the website on which the national declaration is available in the information accompanying the construction mark affixed to the construction product.

If a copy of the national declaration is not made available on the manufacturer’s website, a copy of that declaration must be sent to the recipient of the construction product by electronic means and, at the request of the recipient of the construction product, in paper form. If the same construction products are supplied to a single recipient, they may be accompanied by a single copy of the national declaration of performance in paper or electronic form.

At the same time, it should be stressed that the reference number of the national declaration of performance and most of the data provided in that declaration (including, the details of the manufacturer, the name and type designation of the construction product, the reference number of the Polish Standard or the reference number and year of issue of the national technical assessment in accordance with which the performance has been declared) should accompany the construction mark affixed.

Legal basis:

- §9(1), (3) (4) and (5) of the Regulation on the method for declaring the performance of construction products and the method for marking them with construction marks⁽³⁾

Construction marks are not ‘awarded’ to construction products by any external ‘institution’, but affixed by manufacturers after specific obligations set out in the Construction Products Act ⁽¹⁾, together with implementing regulations issued under this Act, have been fulfilled.

In order for such a mark to be affixed, the manufacturer of a product must, first and foremost, draw up a national declaration of performance. By affixing the construction mark or having such a mark affixed to the construction product, the manufacturer assumes responsibility for the conformity of that product with its declared performance and the requirements set out in this Act and in separate provisions applicable to that product (see Article 8(1a) of the Construction Products Act).

Legal basis:

- Article 8(1), (1a) and (8) of the Construction Products Act ⁽¹⁾

The following information must accompany a construction mark affixed to a construction product:

• he two last digits of the year in which the construction mark was first affixed to the construction product,
• the name and registered address of the manufacturer, or the identifying mark making it possible to clearly identify the name and registered address of the manufacturer,
• the name and type designation of the construction product,
• the reference number of the Polish Standard or the reference number and year of issue of the national technical assessment in accordance with which performance has been declared,
• the reference number of the national declaration,
• the level or class of the performance declared,
• the name of a certification body if such a body participated in the assessment and verification of constancy of performance of the construction product,
• the address of the manufacturer’s website if the national declaration has been made available there.

This information must be placed visibly, legibly and indelibly directly on the construction product or on a label attached to it. If this information cannot be placed in this manner on account of the size or nature of the construction product, it must be placed on the unit packaging or outer packaging of the construction product or in the accompanying documents.

Legal basis:

- § 10(2) and (3) and § 11(1) and (2) of the Regulation o n the method for declaring the performance of construction products and the method for marking them with construction marks ⁽³⁾

Construction products marked with construction marks should be additionally accompanied by:

• a copy of a declaration of performance – which is submitted to the recipient in paper or electronic form with each product made available on the domestic market (a copy is made available on the manufacturer's website or sent to the recipient by electronic means, and delivered in paper form at the recipient's request),
• a safety data sheet or information on substances in a construction product referred to in Article 31 or Article 33 of Regulation (EC) No 1907/2006 (REACH) ⁽⁷⁾ respectively (they are submitted or made available together with a national declaration of performance),
• where appropriate, instructions for use and operation or information on risks arising when a construction product marked with a construction mark is used and handled,
• additional information (apart from information accompanying a construction mark) making it possible to identify a construction product,
• the name or registered trade mark and contact address of the importer.

 Legal basis:

- Article 8(5a) and (5b), Article 10a(2) and (4), Article 10c(3) and (7) and Article 10d(1) of the Construction Products Act⁽¹⁾

- § 9 of the Regulation on the method for declaring the performance of construction products and the method for marking them with construction marks ⁽³⁾

In the light of provisions on construction products, a ‘construction product’ means any product or kit which is produced and placed on the market for incorporation in a permanent manner in construction works or parts thereof and the performance of which has an effect on the performance of the construction works with respect to the basic requirements for construction works. A ‘kit’ means a construction product placed on the market by a single manufacturer as a set of at least two separate components that need to be put together to be incorporated in the construction works. In the case of a ‘kit’, the construction product is the set of components , which must be marked with a construction mark as a whole.

If a kit constituting a construction product to be marked with a construction mark consists of products that may form separate construction products, they may be marked with construction marks (or CE marking) under the applicable provisions, provided that a separate, relevant procedure resulting from relevant provisions and the product technical specification applied is followed (inter alia, an appropriate declaration of performance is issued and the above marks are affixed). At the same time, in the case of certain construction products placed on the market as a kit, the performance of some or all components may need to be separately assessed and these components may need to be marked with appropriate marks, if this follows from relevant provisions and technical specifications of these products.

Legal basis:

- Article 2(1) of the Construction Products Act⁽¹⁾

- Article 2(1) and (2) of Regulation (EU) No 305/2011⁽²⁾

These obligations are specified in Chapter 2a of the Construction Products Act ⁽¹⁾: manufacturers’ obligations are specified in Article 10a and Article 10b(2), importers’ obligations in Article 10c, and sellers’ obligations in Article 10d of the above Act.

In accordance with provisions on construction products, a ‘manufacturer’ is a natural or legal person who manufactures a construction product or who has such a product designed or manufactured, and markets that product under his name or trademark.

The obligations of the manufacturer of a construction product to be marked with a construction mark include, in particular:

• drawing up a national declaration of performance and technical documentation containing relevant elements related to the required national system for assessment and verification of constancy of performance of construction products,
• placing a construction mark on the construction product or on its label (or, in specific circumstances, on the packaging or on the accompanying documents) together with the accompanying information specified in provisions issued under Article 8(8), as well as additional information making it possible to identify the construction product,
• submitting or making available – together with a construction product made available on the domestic market – a copy of the national declaration of performance, a safety data sheet or information on substances (referred to in Article 31 or Article 33 of REACH⁽²⁾ respectively) as well as, where appropriate, instructions for use and operation or information on health and safety risks arising when the construction product is used and handled (drawn up in Polish),
• keeping a register of complaints, non-compliant construction products and construction products withdrawn from the market or from use,
• keeping sellers informed of construction products withdrawn from the market or from use,
• applying procedures ensuring that the declared performance is maintained during the manufacture of the construction product,
• keeping the national declaration of performance and related technical documentation for at least 10 years from the date on which the construction product is placed on the market.

Legal basis:

- Article 2 point (19) of Regulation (EU) No 305/2011 ⁽²⁾

- Article 10a of the Construction Products Act⁽¹⁾

An ‘authorised representative’ is a natural or legal person established within the Union who has received a written mandate from a manufacturer to act on his behalf in relation to specified tasks.

In the case of construction products marked with construction marks, a manufacturer may appoint, by written mandate, an authorised representative established in Poland. Thus, any natural or legal person established in Poland may be appointed an authorised representative. The mandate should allow the authorised representative to carry out at least the following tasks:

• keep the national declaration of performance and technical documentation at the disposal of the competent authority for at least 10 years from the date on which a construction product is placed on the market,
• at a reasoned request of the competent authority, provide that authority with the information and documentation necessary to demonstrate the conformity of the construction product concerned with the declaration of performance and compliance with other applicable requirements set out in the Construction Products Act,
• at the request of the competent authority, cooperate with that authority on measures taken to eliminate the risks presented by construction products covered by the mandate.

However, the drawing up of technical documentation cannot form part of the mandate.

 At the same time, whenever reference is made in the Construction Products Act to a manufacturer, this is to be understood to include that manufacturer’s authorised representative. Thus, the manufacturer’s authorised representative bears administrative responsibility for the construction product in the same way as its manufacturer does. The competent building control authority may submit requests and issue instructions to the authorised representative in the same way as to the manufacturer.

Legal basis:

- Article 2(22) of Regulation (EU) No 305/2011 ⁽²⁾

- Article 2 point (6) and Article 10b(1), (3) and (4) of the Construction Products Act⁽¹⁾

If the manufacturer of a construction product marked with a construction mark is established outside the European Union or a Member State of the European Union or of the European Free Trade Association (EFTA) – party to the Agreement on the European Economic Area – or Turkey, that manufacturer must appoint, by written mandate, an authorised representative established in Poland.

Legal basis:

- Article 10b(1) and (2) of the Construction Products Act⁽¹⁾

An ‘importer’ is a natural or legal person established within the Union, who places a construction product from a third country on the Union market.

Importers may place or make available on the domestic market only construction products that meet the requirements set out in the Construction Products Act. Furthermore, importers must:

• ensure that, while a construction product is under their responsibility, storage or transport conditions do not jeopardise its conformity with the national declaration of performance and compliance with other requirements set out in this Act,
• place their name or registered trademark and their contact address on construction products (if the information referred to above cannot be placed on a construction product on account of its size or nature, importers must place the required information on the packaging or in accompanying documents),
• keep a copy of the national declaration for at least 10 years from the date on which a construction product is placed on the market and ensure that technical documentation is made available to the competent authority, upon request,
• at the request of the competent authority, cooperate with that authority on measures taken by it to eliminate the risks presented by construction products made available by them on the domestic market,
• submit or make available, together with a construction product made available on the domestic market, the documents specified in Article 8(5a) and (5b) of the Construction Products Act as well as, where appropriate, instructions for use and operation or information on health and safety risks arising when the construction product is used and handled (drawn up in Polish),
• keep a register of complaints, construction products that do not comply with the requirements set out in the above Act and construction products withdrawn from the market or from use for construction products placed on the market, and keep sellers informed of construction products withdrawn from the market or from use.

Legal basis:

- Article 2 point (21) of Regulation (EU) No 305/2011 ⁽²⁾

- Article 10c(1), (2), (3), (5), (6) and (7) of the Construction Products Act⁽¹⁾