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# Declaration of Performance and Conformity

> The declaration required by Articles 13 to 16 of Regulation (EU) 2024/3110, in which a construction product manufacturer states the product performance in relation to essential characteristics and its conformity with applicable requirements, using the model in Annex V.

## Definition

The declaration that a manufacturer of a construction product must draw up under Article 13 of
Regulation (EU) 2024/3110 where the product is covered by a harmonised technical specification
adopted in accordance with Article 5 or Article 6, or where a European Technical Assessment has
been issued for it. Its content is set by Article 15 and follows the model in Annex V. By drawing
it up, the manufacturer assumes responsibility for the conformity of the product with the declared
performance and with applicable requirements.

## Expanded Explanation

The instrument replaces and extends the declaration of performance familiar from Regulation (EU) No
305/2011. The extension is in the name: the new declaration covers both **performance**, expressed in
relation to essential characteristics, and **conformity** with applicable product requirements.

Article 15(1) requires performance to be expressed in relation to the essential characteristics set by
the relevant harmonised technical specification or European assessment document, and requires the
declaration to state where product requirements adopted under Article 7 have been demonstrated.
Article 15(2) adds environmental content: the declaration must include the product's environmental
sustainability performance over its life cycle for the predetermined environmental essential
characteristics listed in Annex II that are declared, calculated using software the Commission makes
available free of charge, with updates to that software becoming mandatory one year after publication.

The declaration does not stand alone. Article 22(3) requires technical documentation to be drawn up as
its basis, indicating the declared use, the elements necessary to demonstrate performance and
conformity, the applicable assessment and verification system under Annex IX and any simplified
procedures used under Articles 59 to 61. Article 16 governs how the declaration is supplied and
provides for Commission guidelines under Article 16(3). Article 14 provides exemptions from drawing one
up at all.

## Why It Matters

The declaration is the legal centre of gravity for construction product compliance, and it is now also
the centre of the construction digital product passport. Article 76(2)(a)(i) of the same Regulation
places the declaration, including the Article 15(6) information and the documentation supplied with it
under Annex V, inside the passport. Article 77(1)(h) requires the version in the passport to follow the
Article 16(3) guidelines. Whatever quality your declaration has today is the quality your passport will
publish.

## Relationship to Digital Product Passports

The passport does not replace the declaration; it distributes it. Where an Article 14 exemption removes
the duty to draw up a declaration, Article 76(4) correspondingly removes the passport obligation. The
passport duty follows the declaration duty.

## Common Misconceptions

#### It is the same thing as an EU declaration of conformity

The EU declaration of conformity under other Union harmonisation legislation asserts conformity
with requirements. The construction declaration additionally declares measured or calculated
performance against essential characteristics, which is a different kind of statement.

#### The digital product passport replaces it

Article 76(2)(a)(i) publishes it. Articles 13 to 16 still require it to be drawn up.

#### It can be written without technical documentation

Article 22(3) requires technical documentation as the basis for the declaration. A declaration
without it is unsupported.

## Related Terms

* [Technical Documentation](/docs/knowledge-base/glossary/technical-documentation)
* [Harmonised Technical Specification](/docs/knowledge-base/glossary/harmonised-technical-specification)
* [Harmonised Standard](/docs/knowledge-base/glossary/harmonised-standard)
* [EU Declaration of Conformity](/docs/knowledge-base/glossary/eu-declaration-of-conformity)
* [Conformity Assessment](/docs/knowledge-base/glossary/conformity-assessment)
* [Notified Body](/docs/knowledge-base/glossary/notified-body)
* [Economic Operator](/docs/knowledge-base/glossary/economic-operator)

## Related Knowledge Base Articles

* [Digital Product Passports for Construction Products: What Companies Need to Know](/docs/knowledge-base/industry-guides/digital-product-passports-for-construction-products)
* [How Conformity Assessment Works for Digital Product Passports](/docs/knowledge-base/regulations/how-conformity-assessment-works-for-digital-product-passports)
* [Who Is Legally Responsible for a Digital Product Passport?](/docs/knowledge-base/regulations/who-is-legally-responsible-for-a-digital-product-passport)

## Related Articles

* [Harmonised Technical Specification](/docs/knowledge-base/glossary/harmonised-technical-specification)
* [Battery Passport](/docs/knowledge-base/glossary/battery-passport)
* [Authorised Representative](/docs/knowledge-base/glossary/authorised-representative)
* [Conformity Assessment](/docs/knowledge-base/glossary/conformity-assessment)
* [Corrective Action](/docs/knowledge-base/glossary/corrective-action)
* [Delegated Act](/docs/knowledge-base/glossary/delegated-act)
* [Economic Operator](/docs/knowledge-base/glossary/economic-operator)
* [Entry into Force](/docs/knowledge-base/glossary/entry-into-force)

## See Also

* [Industry Guides](/docs/knowledge-base/industry-guides/overview)
* [Regulations](/docs/knowledge-base/regulations/overview)

## References

* Regulation (EU) 2024/3110 laying down harmonised rules for the marketing of construction products,
  OJ L, 2024/3110, 18.12.2024: [https://eur-lex.europa.eu/eli/reg/2024/3110/oj](https://eur-lex.europa.eu/eli/reg/2024/3110/oj)
* Regulation (EU) No 305/2011 laying down harmonised conditions for the marketing of construction
  products: [https://eur-lex.europa.eu/eli/reg/2011/305/oj](https://eur-lex.europa.eu/eli/reg/2011/305/oj)

## About This Article

About This Article

<dl>
  <dt>
    Last Reviewed
  </dt>

  <dd>
    2026-08-09
  </dd>

  <dt>
    Next Scheduled Review
  </dt>

  <dd>
    2027-08-09
  </dd>

  <dt>
    Article Version
  </dt>

  <dd>
    1.0
  </dd>
</dl>

tieback Knowledge is a continuously maintained reference library covering Digital Product
Passports, product traceability, product compliance and related regulations. Articles are
reviewed regularly as legislation, standards and implementation guidance evolve.

## Related Docs

* [Industry Guides](/docs/knowledge-base/industry-guides/overview)
* [Regulations](/docs/knowledge-base/regulations/overview)
* [Glossary](/docs/knowledge-base/glossary/overview)