The present draft royal decree aims to develop certain aspects of the implementation of Regulation (EU) 2024/3110 of the european parliament and of the council of 27 november 2024, laying down harmonised rules for the marketing of construction products and repealing Regulation (EU) n. 305/2011 (hereinafter, european regulation of construction products, or,RPC).

This european regulation is to replace the current 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 directive 89/106/EEC of the new RPC as of 2024 european regulation 2011 to previous replaces regulate the marking EC certain construction products.

It should be recalled that european regulations do not require transposition into national legislation, these being directly applicable in member states from the date of entry into force. this way, this royal decree does not seek to transpose european regulation in full, but that was adopted by the goal of developing various specific areas that require national development. In particular, this royal decree develops aspects of the RPC such as the use of construction products in the building codes, regulations and any other national regulations to regulate matters relating to the construction or facilities. In Addition, there are also other aspects, such as the sanctions regime, as envisaged in act 21/1992, of 16 july, of Industry.

Simultaneously, in this draft royal decree also updated diverse national regulation related to construction products:

Were repealed and replaced a number of royal decrees regulating specific products, which previously lay down rules for its approval. It is noteworthy that over the years and the progressive development of the european regulations, the number of products has not yet covered by this had decreased significantly, currently running a small number of products in this group. In Addition, with the entry into force of the royal decree 2200/1995 of 28 december, the previous product approvals were replaced by certifications in accordance with statutory requirements. For this product group, this royal decree is to update and reunify their requirements in one provision regulation repealing previous different royal decrees and re-writing requirements in a single text.

It repeals and replaces the Royal Decree 842/2013, of 31 october, which approves the classification of construction products and constructive elements on the basis of their properties reaction and fire resistance. The royal decree was issued on the classification of these products on the basis of their properties in reacting and fire resistance to replace the former Royal Decree 312/2005 of 18 march.

Together with the previous changes, another provision that must be amended to update part of its technical contents is the Royal Decree 605/2006 of 19 may, by the approved procedures for the implementation of the standard UNE-EN 197-2:2000 to iraqi cement not subject to the marking EC and the distribution centres of any kind of cement. Changes are to update references to the rules And procedures to be implemented, in coordination with the changes in this royal decree for these products.

Furthermore, this royal decree also introduces changes or developments of other provisions which are described below.

It introduces a provision concerning the implementation of the european marking materials that come into contact with water for human consumption, contained in article 44 of the royal decree 3/2023, from 10 january, pel técnico-sanitarios of water quality of consumption, control and supply. The royal decree is transposition of directive (EU) 2020/2184 of the european parliament and of the council of 16 december 2020, concerning the quality of drinking water. As indicated there, it has developed a european through various acts of the european commission. This marking apply to products in contact with drinking water (mainly construction products) in the catchments, treatment, storage or distribution of water for human consumption (including supply pipes, valves, pumps, gauges, fittings, etc.). With regard to these, this royal decree introduces the considerations needed to implement the marked in our country, complementing the provisions of Royal Decree 3/2023, from 10 january.

Finally, amended by royal decree 1644/2008 of 10 october, which regulates marketing and the machines. These amendments to the Royal Decree 1644/2008 of 10 october, are needed to adapt this provision to the new regulation (EU) 2023/1230 of the european parliament and of the council of 14 june 2023, on the machines.

Structure of the Royal Decree

The royal decree comprises a preamble, ten articles, an additional provision, three transitional provisions, a provision repeal and eight final clauses and two annexes.

Las alegaciones deben presentarse utilizando el modelo de documento adjunto (en formato editable que permita leerlas y gestionarlas), ordenando y separando claramente los diferentes comentarios que se realicen, e identificando el apartado y el texto del Real Decreto al que se refiere cada uno.

Sólo serán consideradas las respuestas en las que el remitente esté identificado, haciendo constar en ellas:

• Nombre y apellidos/denominación o razón social del participante
• Organización o asociación (si corresponde)
• Contacto (correo electrónico).

Con carácter general, las contribuciones recibidas se considerarán susceptibles de difusión pública.

Texto del Proyecto de Real Decreto [PDF] [1.59 MB]

Memoria del Proyecto de Real Decreto [PDF] [955.88 KB]

Modelo de documento para presentar alegaciones [DOCX] [21.55 KB]