in force 2026-05-29 INSERTED+1,281 −0§
Amended by Regulation (EU) 2024/2748 32024R2748
applies from: unknown (an inserted provision states its own application date only in prose)
Sources disagree — the text comparison and the amending act's instructions found this change; the EU's own amendment metadata does not list it. All are shown; none is overruled.
This is a new article requiring Member States to prioritise market surveillance activities for construction products listed in the implementing act referred to in Article 38a(1), with the Commission facilitating coordination of that prioritisation through the Union Product Compliance Network.
It also newly provides that market surveillance authorities are to make best efforts to assist other such authorities during an internal market emergency mode, including through mobilising expert teams or providing logistical support such as reinforced testing capacity for the listed construction products.
Cited: Art. 38d, v2
text before / after
inserted text (02011R0305-20260529)
Article 38d Prioritisation of market surveillance activities and mutual assistance among authorities 1. Member States shall prioritise the market surveillance activities for construction products listed in the implementing act referred to in Article 38a(1) of this Regulation. The Commission shall facilitate coordination of such prioritisation efforts through the Union Product Compliance Network established under Article 29 of Regulation (EU) 2019/1020 of the European Parliament and of the Council Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).. 2. The market surveillance authorities of the Member States shall ensure that best efforts are made to provide assistance to other market surveillance authorities during an internal market emergency mode, including by mobilising and dispatching expert teams to temporarily reinforce the staff of market surveillance authorities requesting assistance or by providing logistical support, such as the reinforcement of the testing capacity for construction products listed in the implementing act referred to in Article 38a(1).