Commission Delegated Regulation (EU) 2024/1681 of 6 March 2024 supplementing Regulation (EU) No 305/2011 of the European Parliament and of the Council by establishing classes of performance in relation to the resistance to fire of construction products

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (1), and in particular Article 27(1) thereof,

Whereas:

(1) Commission Decision 2000/367/EC (2) establishes a system for classifying the performance of construction products with regard to their resistance to fire. That system is based on a harmonised solution for assessing that performance and for classifying the results of those assessments.

(2) Decision 2000/367/EC does not cover certain classes of performance and thus limits the possibility to declare a more detailed performance. It is therefore necessary to establish classes of performance that are up-to-date to the latest technological and market developments.

(3) New classifications for non-loadbearing elements or products with a fire-separating function applicable to unloaded roofs, non-mechanical fire barriers for ventilation ductwork, penetration seals, combined penetration seals, linear joint seals and air transfer grilles should be added.

(4) The obsolete classification R for load-bearing elements with a fire-separating function applicable to floors and roofs should be removed as it is effectively covered with the table related to load-bearing elements without a fire-separating function.

(5) The technical progress in the assessment methods also requires more detailed explanations and points of reference as regards the products, including revised information in notes.

(6) In order to enable manufacturers to declare sufficiently detailed classes of performance of construction products with regard to their resistance to fire in line with the latest technological and market developments, and in the interest of legal clarity, Decision 2000/367/EC should be repealed.

(7) In accordance with Article 27 of Regulation (EU) No 305/2011, classes of performance in relation to the essential characteristics of construction products need to be established by the Commission. In accordance with Article 27(2) of that Regulation, those classes are to be used in harmonised standards,

HAS ADOPTED THIS REGULATION:

Article 1

Classes of performance in relation to the resistance to fire of construction products, as set out in the Annex, are established.

Article 2

Decision 2000/367/EC is repealed.

References to Decision 2000/367/EC shall be construed as references to this Regulation.

Article 3

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 6 March 2024.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 79, 16.3.2006, p. 27.

(2) Commission Decision of 3 May 2000 implementing Council Directive 89/106/EEC as regards the classification of the resistance to fire performance of construction products, construction works and parts thereof (OJ L 133, 6.6.2000, p. 26).