Article 92 · Means of proof for product requirements

1.Public buyers may require that economic operators provide a declaration of conformity or a declaration of performance and conformity of a product through the digital product passport pursuant to Regulation (EU) 2024/1781 or, where this does not yet exist, other equivalent electronic means as means of proof of conformity or compliance with requirements or criteria set out in the specifications, the award criteria or the conditions for the performance of contracts.

2.Public buyers may require a test report from a notified body, a technical assessment body, a conformity assessment body or a certificate issued by such a body as means of proof of conformity with the requirements or criteria set out in the specifications, the award criteria or the conditions for the performance of contracts. Where public buyers require the submission of certificates drawn up by a specific notified body, a technical assessment body or conformity assessment body, certificates from other equivalent notified bodies, technical assessment bodies or conformity assessment bodies shall also be accepted by the public buyers, including those established in other Member States than the one of the public buyer. For the purpose of this paragraph, a conformity assessment body shall be a body that performs conformity assessment activities including calibration, testing, certification and inspection accredited in accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council.

3.Public buyers may accept other appropriate means of proof instead of those referred to in paragraph 1, such as a technical dossier of the manufacturer where the economic operator concerned had no access to the certificates or test reports referred to in paragraph 1, or no possibility of obtaining them within the relevant time limits, provided that the lack of access is not attributable to the economic operator concerned and provided that the economic operator concerned thereby proves that the works, supplies or services provided by it meet the requirements or criteria set out in the specifications, the award criteria or the conditions for the performance of contracts. Economic operators may provide other appropriate means of proof only where the documents referred to in paragraph 1 are not required by other Union legislation.