Key data
| Regulation | Commission Delegated Regulation (EU) 2026/331 of 13 February 2026 |
|---|---|
| CELEX Reference | 32026R0331 |
| Publication | 21 April 2026 |
| Entry into force | 13 February 2026 |
| Affected parties | Manufacturers, importers and distributors of construction products in the EU |
| Category | Business Regulation |
| Higher framework | Regulation (EU) 2024/3110 of the European Parliament and of the Council |
Manufacturers of construction materials operating in Europe have a new and already binding obligation: to apply the fire reaction performance classes defined by Commission Delegated Regulation (EU) 2026/331 in all their product documentation. The regulation entered into force on 13 February 2026 and allows no grace period: marketing without adaptation constitutes a legal barrier in the European single market.
This regulation completes the framework established by Regulation (EU) 2024/3110 of the European Parliament and of the Council, adding the technical layer that was missing: the specific classification of how the fire reaction of each product must be declared.
What does this regulation establish?
Commission Delegated Regulation (EU) 2026/331 defines specific performance classes for the essential characteristic fire reaction in construction products. This means that it is no longer sufficient to declare that a product has a certain fire behaviour in a generic way: it must now fit into a specific harmonised class within the European system.
The central elements established by the regulation are:
- Harmonised fire reaction classification that manufacturers must apply when declaring the performance of their products on the European market.
- Obligation to adapt performance declarations and CE marking to the new defined classes.
- Review of technical data sheets and product documentation to ensure compliance.
- Direct implications for the certification, testing and marketing processes of materials.
The regulation acts as a technical development of Regulation (EU) 2024/3110, completing its framework with the classification layer that manufacturers need to operate legally.
Economic and operational impact
The impact is not merely documentary. Adapting the performance declaration and CE marking can involve real costs on several fronts:
- New laboratory tests if previous classifications are not equivalent to the new defined classes.
- Update of certification processes, which may require intervention by notified bodies.
- Review and reprinting of technical data sheets, labels and commercial documentation.
- Review of contracts with distributors that require compliance with current CE marking.
The risk of inaction is direct: a product without a performance declaration adapted to the new classes cannot be legally marketed in the European single market. This affects both direct sales and exports within the EU.
Who does it affect?
- Manufacturers of construction products with presence in the European market: coatings, insulation, flooring and other construction materials.
- Importers who introduce construction products into the EU and are responsible for the performance declaration.
- Distributors who market products under their name or brand and must guarantee the compliance of CE marking.
- Technical and quality departments of companies in the sector, responsible for keeping product documentation up to date.
- Notified bodies and testing laboratories that certify construction products in Europe.
Practical example
A Spanish manufacturer of thermal insulation panels that exports to France and Germany currently has its performance declaration with the fire reaction classification from the previous system. From 13 February 2026, that declaration must reflect the new harmonised classes defined by Regulation (EU) 2026/331.
If the manufacturer does not update its performance declaration and CE marking, its distributors in France and Germany cannot legally market the product. This can result in blocked orders, merchandise returns and loss of contracts with developers or construction companies that require updated regulatory compliance.
The first concrete step is to verify with the corresponding notified body whether current tests cover the new classes or whether it is necessary to repeat tests. The sooner this process begins, the less impact it will have on the supply chain.
What should companies do now?
- Identify all affected products: review the catalogue and identify which products have fire reaction as an essential characteristic in their performance declaration.
- Contact the notified body: verify whether current tests and certifications are valid under the new classes of Regulation (EU) 2026/331 or whether new tests are required.
- Update performance declarations: adapt the official document of each product to the new harmonised fire reaction classes.
- Review and update CE marking: ensure that labels, technical data sheets and commercial documentation reflect the new classification.
- Communicate changes to the distribution chain: inform distributors and importers of updated products to prevent marketing blockages.
- Document the adaptation process: maintain a record of changes made as evidence of compliance in case of inspections or audits.
Frequently asked questions
Which construction products are affected by Regulation EU 2026/331?
The regulation affects coatings, insulation, flooring and other construction products that require a performance declaration with CE marking on the European market. Any product for which fire reaction is an essential characteristic must be adapted to the new defined classes.
When does the new fire reaction classification come into force?
The entry into force date is 13 February 2026, although official publication took place on 21 April 2026. Manufacturers must apply the new classes from that date in their performance declarations and CE marking.
What happens if a manufacturer does not adapt its performance declaration to the new classes?
Non-compliance may prevent the legal marketing of the product in the European single market. Without a performance declaration and CE marking compliant with the new classes, the product cannot legally circulate in the EU.
What documents must manufacturers review to comply with this regulation?
They must review and update their technical data sheets, performance declarations and product documentation to reflect the new fire reaction classes. New tests or certification processes may also be necessary if previous classes are not equivalent.
Does this regulation modify the product certification and testing process?
Yes. The regulation has direct implications for certification, testing and marketing processes. Manufacturers must verify whether their current tests cover the new classes or whether they need to repeat tests to obtain the correct classification under the new framework.
Official source
Consult the complete regulation at official sourceDisclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://eur-lex.europa.eu/./legal-content/AUTO/?uri=CELEX:32026R0331