Activities of Maria GRAPINI related to 2022/0094(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products, amending Regulation (EU) 2019/1020 and repealing Regulation (EU) 305/2011
Amendments (112)
Amendment 298 #
Proposal for a regulation
Recital 7
Recital 7
(7) Pursuing the environmental goals, including the fight against climate change, makes it necessary to establish new environmental obligations and to lay the ground for the development and the application of an assessment method for the calculation of the environmental sustainability of construction products without increasing disproportionately bureaucracy and costs for economic operators, especially for SMEs. For the same reason, it is necessary to extend the range of regulated economic operators, since distributors, suppliers and manufacturers all have a role to play in the calculation of the environmental sustainability in the construction sector. That range should therefore be extended into two directions, downstream from the distributors to the economic operators preparing re-use and remanufacturing of construction products and upstream from the manufacturer over the suppliers of intermediate products and/or raw materials. Moreover, certain operators coming into play in the context of dismantling used products or other parts of construction works or remanufacturing and re-use thereof need to contribute to a safe second life of construction products.
Amendment 301 #
Proposal for a regulation
Recital 17
Recital 17
Amendment 306 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) To deliver in the most efficient way on the European Green Deal’s objectives, to provide predictability for manufacturers, public authorities and the wider construction ecosystem, the Commission should, at the latest 6 months after the entry into force of this Regulation and based on a scientific and evidence-based approach, adopt a working plan, covering at least 3 years, laying down a list of product groups for which it plans to adopt requirements and standardisation requests.
Amendment 311 #
Proposal for a regulation
Recital 24
Recital 24
(24) At the same time, in order to strike a balance between mitigating the fragmentation of the market and the legitimate interests of Member States to regulate construction works, it is necessary to provide for a mechanism to better integrate Member States’ needs into the development of harmonised technical specifications. For the same reason, a mechanism allowing Member State to set, based on imperative grounds of health, safety or environmental protection, additional requirements for construction products should be established.
Amendment 314 #
Proposal for a regulation
Recital 28
Recital 28
(28) In particular, in the case of energy- related products included in ecodesign working plans which are also construction products and for intermediary products, with the exception of cement, priority for the setting of sustainability requirements will be given to the [ESPR]. This should be the case for instance for heaters, boilers, heat pumps, water and space heating appliances, fans, cooling and ventilating systems and photovoltaic products, excluding building-integrated photovoltaic panels. This Regulation may still intervene in a complementary manner where needed, mainly in relation to safety aspects also taking account of other Union legislation on products such as on gas appliances, low voltage, and machinery. For other products, in order to avoid unnecessary burden for economic operators, the need may arise in future to determine the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations under this Regulation. The power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to determine such conditions.
Amendment 328 #
Proposal for a regulation
Recital 63
Recital 63
(63) Currently, the increasing number of hardly distinguishable European assessment documents which often have little added value when compared to others or existing harmonised standards, risks to slow down their publication and increase costs. In order to deal with this risk in a cost-effective way, certain principles for the development and adoption of European assessment documents should be established or be made more concrete and justifiable. Moreover, the control by the Commission should be enhanced.
Amendment 329 #
Proposal for a regulation
Recital 72
Recital 72
(72) The attempts of establishing simplified procedures for microenterprises and small and medium-sized enterprises in Regulation (EU) No 305/2011 and thus reducing the burden and costs on SMEs and microenterprises have not been entirely effective and have often remained misunderstood or not used due to the lack of awareness or the lack of clarity regarding their application. By addressing the identified shortcomings while building on the previously established rules, it is necessary to clarify and facilitate their application and hence achieve the objective of supporting microenterprises and SMEs while ensuring performance, safety and environmental sustainability of construction products.
Amendment 330 #
Proposal for a regulation
Recital 76
Recital 76
(76) To address the identified shortcomings with regards to the market surveillance under Regulation (EU) No. 305/2011, this Regulation should contain more justified empowerments for Member States authorities and for the Commission that should enable authorities to act under all potential problematic circumstances.
Amendment 334 #
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Regulation establishes harmonised rules for the making available on the market and direct installation and desinstallation of construction products, regardless of whether undertaken in the framework of a service or not, by establishing:
Amendment 342 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) environcodesign requiremental,s including environmental, climate, functional and safety product requirements for construction products.
Amendment 381 #
Proposal for a regulation
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
(b) boilers, pipes, tanks and ancillaries and other products intended to be in contact with water for human consumption;
Amendment 384 #
Proposal for a regulation
Article 2 – paragraph 3 – point d
Article 2 – paragraph 3 – point d
Amendment 390 #
(e a) solid fuel heaters subject to Regulation on [the Ecodesign for Sustainable Products];
Amendment 396 #
Proposal for a regulation
Article 2 – paragraph 5
Article 2 – paragraph 5
Amendment 406 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘permanent’ means for a duration of two yeintended to remain in the construction work or parts or longerthereof within the Union after the completion of the construction or renovation process;
Amendment 413 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(6) ‘performance’ means the degree to which a product has certain scalable or binary essential characteristics;
Amendment 417 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘product requirements’ means a threshold level or another characteristic with which a product has to comply before it can be placed on the market or installed directly, including those requirements relating to labelling and instructions for use or other information to be provided;quantitative or non-quantitative requirement for on in relation to a product to achieve a certain performance level with which a product has to comply before it can be placed on the market or installed directly, in relation to a product parameter referred to in article 5 or article 22, and laid down in Annex I part B to D and specified in accordance with article 5(2).
Amendment 461 #
Proposal for a regulation
Article 3 – paragraph 1 – point 46
Article 3 – paragraph 1 – point 46
(46) ‘harmonised technical specifications’standards' means construction products standards established in accordance with Article 4(2) the reference of which has been published in the Official Journal in accordance with Article 34 and thereby were rendered mandatory for purposes of application of this Regulation, and delegated acts adopted in accordance with Article 4(3) and (4), Article 5(2), or Article 22(4) that contain technical prescriptions;
Amendment 462 #
Proposal for a regulation
Article 3 – paragraph 1 – point 46 a (new)
Article 3 – paragraph 1 – point 46 a (new)
(46 a) ‘harmonised technical specifications’ means harmonised standards and European Assessment Documents;
Amendment 474 #
Proposal for a regulation
Article 3 – paragraph 1 – point 71 a (new)
Article 3 – paragraph 1 – point 71 a (new)
(71 a) ‘construction product passport’ means a set of data specific to a construction product that includes the information specified under this Regulation that is accessible via electronic means through a data carrier;
Amendment 477 #
Proposal for a regulation
Article 3 – paragraph 1 – point 71 b (new)
Article 3 – paragraph 1 – point 71 b (new)
(71 b) ‘intermediate product’ means a product that requires further manufacturing or transformation such as mixing, coating or assembling to make it suitable for end users;
Amendment 478 #
Proposal for a regulation
Article 3 – paragraph 1 – point 71 c (new)
Article 3 – paragraph 1 – point 71 c (new)
(71 c) 'recyclable material´ means a characteristic of a product, packaging or associated component that can be diverted from the waste stream through available processes and programmes and can be collected, processed and returned to use in the form of raw materials or products;
Amendment 479 #
Proposal for a regulation
Article 3 – paragraph 1 – point 71 d (new)
Article 3 – paragraph 1 – point 71 d (new)
(71 d) ‘recyclability’ means the ability of waste materials or products to be effectively and efficiently separated, collected, sorted and aggregated as defined waste streams in preparation for recycling, and then recycled through relevant industrial processes and reprocessed into recycled materials or products, whilst minimising quality or functionality losses compared to the original material or product;
Amendment 482 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
The essential characteristics specified in accordance with paragraph 1 with the exclusion of paragraph 1(8) or listed in Annex I Part A Point 2 and the methods for their assessment shall be laid down in standards which are rendered mandatory for purposes of application of this Regulation. The essential characteristics of products shall be identified in view of the basic requirements for construction works, taking account of the regulatory needs of Member States and climate and circularity objectives pursued by Regulation (EU) Ecodesign for sustainable products Regulation.
Amendment 487 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
The Commission mayshall issue standardisation requests in accordance with Article 10 of Regulation (EU) 1025/2012 laying down the basic principles and corner stones for the establishment of these essential characteristics listed in Annex I Part A point 1(1) to 1(7) and their assessment methods.
Amendment 494 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. The essential characteristics covering sustainable use of natural resources and environmental aspects listed in Annex I Part A Point 1 paragraph 1(8) and Point 2, including the methods for their assessment under art. 22(1), shall be covered by delegated acts in accordance with article 87.
Amendment 498 #
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. By way of derogation from paragraph 2 and in order to cover the regulatory needs of Member States and to pursue the goals of Article 114 of the Treaty on the Functioning of the European Union, the Commission is empowered to supplementmay supplement in exceptional cases, after consultation of the relevant European standardisation organisations and European stakeholder organisations receiving Union financing under Regulation (EU) No 1025/2012, this Regulation by means of delegated acts in accordance with Article 87, by establishing, for particular product families and categories, voluntary or mandatory essential characteristics and their assessment methods in any of the following cases:
Amendment 502 #
Proposal for a regulation
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
(a) there are undue delays in the adoption of certain standards referred to in the first subparagraph of Article 4(2)by request has not been accepted by any of the European standardisation organisations, whil or the st an undue delay is given where the European standardisation organisation does not submit a standard widard is not delivered within the deadline which shall not be longer thian the time- frame12 months set out in the standardisation request;
Amendment 510 #
Proposal for a regulation
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
(c) one or more essential characteristics referring to basic work requirements set out in Annex I Part A, Point 1(1) to 1(7) or included in Annex I Part A, Point 2 are not covered by the standards referred to in the first subparagraph of Article 4(2) the references of which are already published in the Official Journal;
Amendment 513 #
Proposal for a regulation
Article 4 – paragraph 3 – point d
Article 4 – paragraph 3 – point d
(d) the standards referred to in the first subparagraph of Article 4(2) are for other well-argued reasons considered not sufficient to cover regulatory needs of Member States or the needs of economic operators;
Amendment 525 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3 a. If harmonised standards covering the essential requirements are developed and the references to them are published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012, the relevant delegated acts shall no longer apply.
Amendment 528 #
Proposal for a regulation
Article 4 – paragraph 3 b (new)
Article 4 – paragraph 3 b (new)
3 b. Before preparing a draft delegated act, the Commission shall inform the committee referred to in Article 22 of Regulation EU (No) 1025/2012 that it considers that the conditions in paragraph 1 are fulfilled.
Amendment 529 #
Proposal for a regulation
Article 4 – paragraph 3 c (new)
Article 4 – paragraph 3 c (new)
3 c. In the early preparation of the draft delegated act establishing the common specification, the Commission shall gather the views of relevant bodies or expert groups established under relevant sectorial Union law. Based on that consultation, the Commission shall prepare the draft delegated act.
Amendment 533 #
Proposal for a regulation
Article 4 – paragraph 4 – introductory part
Article 4 – paragraph 4 – introductory part
4. In order to cover the regulatory needs of Member States and to pursue the environmental, safety and harmonisation goals of Article 114 of the Treaty on the Functioning of the European Union, the Commission is empowered to supplement this Regulation, by means of delegated acts in accordance with Article 87, by determining, for particular product families and categories, which are justified to be included in this regulation, the following:
Amendment 542 #
Proposal for a regulation
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5 a. Within 12 months of the adoption of this Regulation, the Commission shall produce a report detailing where standards adopted are not in line with EU climate and environmental legislation, and detail steps to adopt Delegated Acts to rectify this shortcoming.
Amendment 544 #
Proposal for a regulation
Article 5 – title
Article 5 – title
Product performance and information requirements
Amendment 548 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. All products covered by this Regulation shall, prior to their placing on the market or direct installation, satisfy the generic, directly applicable product information requirements set out in Annex I Part D and the product performance requirements laid down in Annex I Part B and C as specified for the respective product family or category in accordance with paragraph 2. The product requirements laid down in Annex I Part B and C are only applicable where they have been specified in accordance with paragraph 2.
Amendment 551 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1 a. For Information requirements set out in Annex I part D, manufacturers are required to disclose information in the Declaration of Conformity.
Amendment 555 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. In order to specify the product requirements set out in Annex I Part B, C and D, the Commission is empowered to supplement this Regulation, by means of delegated acts in accordance with Article 87, by specifying, for particular product families and categories, these product requirements and by laying down the corresponding assessment methods. Once the Commission has specified these product requirements by delegated acts, it mayshall issue standardisation requests which aim at the elaboration of voluntary harmonised standards providing presumption of conformity with these mandatory product requirements as specified by these delegated acts.
Amendment 559 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2 a. For performance requirements set in Annex I part B and C, the respective delegated acts referred to in paragraph 2 shall, as appropriate, include: (a) mandatory threshold levels and classes of performance in relation to a specific product parameter referred to in Annex I part B and C or a combination thereof; (b) non-quantitative requirements that aim to improve performance in relation to one or more parameters referred to in Annex I part B and C or a combination thereof.
Amendment 561 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The Commission is empowered to amend Annex I Part B, C and D by means of delegated acts in accordance with Article 87 in order to adapt it to technical progress and in particular to cover new risks and environmental aspects, after discussing with all relevant stakeholders.
Amendment 566 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Amendment 574 #
3. In order to counter systematic non- compliances of notified bodies or manufacturers or in view of adaptation to technical progress, the Commission is empowered to amend this Regulation, by means of delegated acts in accordance with Article 87, by adapting, revising or introducing additional assessment or verification steps in the systems of Annex V, after discussing with all relevant stakeholders.
Amendment 576 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The harmonised zone shall be presumed to be comprehensive, covering all potentialexisting or future requirements for products other than those covered by other Union law.
Amendment 586 #
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Member States mayshall ban the destruction of products taken backsurplus and unsold products or products taken back free of charge by the manufacturer in accordance with Article 22(2), point (j) and Article 26 or make the destruction of these products dependent on their prior making available on a national brokering platform for non- commercial use of products.
Amendment 594 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where a construction product is covered by a harmonised technical specification adopted in accordance with Article 4(2) or (3), the manufacturer shall undergo the applicable assessment and verification system set out in Annex V and draw up a declaration of performance before such a product is placed on the market. A manufacturer of a product which is not covered by any harmonised technical specification may issue a declaration of performance in accordance with the relevant European assessment document and European technical assessment.
Amendment 601 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The declaration of performance shall express the performance of products in relation to the essential characteristics of those products in accordance with the relevant harmonised technical specifications, delegated act adopted in accordance to Article 4 paragraph 3 of this Regulation or European assessment document.
Amendment 603 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The declaration of performance shall be drawn up using the model set out in Annex II without the section relating to conformity. The declaration of performance shall at least cover the performance with regard to the mandatory essential characteristics listed in Annex I Part A Point 1.3, Point 1.8 and Point 2, the essential characteristics mandatory by virtue of harmonised technical specifications or delegated acts adopted in accordance with Article 4(3), and the assessment of environmental sustainability referred to in Article 22(1). Information disclosed under Annex I Part A point 2 must be product specific.
Amendment 620 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The declaration of conformity shall express conformity of a product with product requirements referred to in Article 5(1) and (2) and Article 22.
Amendment 621 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The manufacturer shall fulfil the obligations of this Article as from the first revision of the declaration of performance undertaken by the manufacturer after the date of application of harmonised technical specification, for the respective product family or category, but at the latest 3 years after that date.[insert date of entry into force of this Regulation];
Amendment 622 #
Proposal for a regulation
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
Amendment 625 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
Where the declaration is provided by electronic means, either actively or by using a permalink, the manufacturer shall issue that declaration in a commonlymachine and human readable, but unamendable electronic format. Alternatively, the manufacturer may use a permalink provided that the permalink and theWhen using a permalink, the manufacturer shall ensure that document accessible via the permalink are unamendable. Commission Delegated Regulation (EU) No 157/201446 shall apply under this Regulation. _________________ 46 Commission Delegated Regulation (EU) No 157/2014 of 30 October 2013 on the conditions for making a declaration of performance on construction products available on a website; OJ L 52, 21.2.2014, p. 1.
Amendment 629 #
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15 a Construction product passport 1. The construction product passport is the equivalent to the digital product passport in accordance with article 8 of [the ESPR]. 2. The construction product passport consists of (a) the combined declaration of performance and conformity and (b) the product requirements laid down in Annex I Part D. 3. The construction product passport shall be accessible via electronic means through a data carrier, which shall follow the CE marking. 4. The following data carriers may be used to access the construction product passport (a) QR code; (b) Bar code; (c) RFID chip; (d) Permalink 5. The construction product passport and its information shall be accessible to all economic operator, clients, users and authorities accessing it through the data carrier that follows the CE marking. 6. The construction product passports may only be updated by the manufacturer of the respective construction product. 7. Construction product passports shall be made accessible on the manufacturer’s website or an online platform chosen by the manufacturer of the respective products for making the product passports available on its behalf. 8. Construction product passports shall remain available for 10 years after the placing on the market of the respective construction product. 9. Once a construction product is placed on the market the information in the construction product passport connected to it must not be modified. 10. The Commission is empowered to adopt delegated acts in accordance with Article 87 to amend the fourth subparagraph of this Article in light of technical and scientific progress. 11. The Commission is empowered to adopt implementing acts to set a longer time period than the one provided in paragraph 8 of this Article, taking into account the nature of the construction produce or the requirements concerned.
Amendment 634 #
Proposal for a regulation
Article 15 b (new)
Article 15 b (new)
Amendment 635 #
Proposal for a regulation
Article 15 c (new)
Article 15 c (new)
Article 15 c Technical design and operation of the construction product passport The technical design and operation of the construction product passport shall comply with the following essential requirements: (a) construction product passports shall be fully interoperable with other product passports required by other EU legislation; (b) consumers, economic operators and other relevant actors shall have free access to the construction product passport; (c) the data included in the construction product passport shall be stored by the economic operator responsible for its creation or by operators authorised to act on their behalf; (d) if the data included in the construction product passport is stored or otherwise processed by operators authorised to act on their behalf, those operators shall not be allowed to sell, re-use or process such data, in whole or in part, beyond what is necessary for the provision of the relevant storing or processing services; (e) the construction product passport shall remain available for the period specified in delegated acts adopted pursuant to Article 87,including after an insolvency, a liquidation or a cessation of activity in the Union of the economic operator that created the product passport; (f) the rights to access and to introduce, modify or update information in product passport shall be restricted based on the access rights specified in delegated acts adopted pursuant to Article 4; (g) data authentication, reliability and integrity shall be ensured; (h) construction product passports shall be designed and operated so that a high level of security and privacy is ensured and fraud is avoided.
Amendment 638 #
Proposal for a regulation
Article 15 d (new)
Article 15 d (new)
Article 15 d Unique operator identifier and unique facility identifier 1. The unique operator identifiers of the manufacturer or the unique operator identifiers other than that of the manufacturer, and the unique facility identifiers, shall comply with the ISO/IEC standard 15459:2015. 2. Where a unique operator identifier referred to in paragraph 1 is not yet available, the economic operator creating the construction product passport shall request a unique operator identifier on behalf of the relevant actor. Before issuing a request as referred to in the first subparagraph, the economic operator creating the construction product passport shall seek confirmation from the actor concerned that no unique operator identifier exists and shall provide the supply chain actor concerned with full details of the released unique operator identifier. 3. Where a unique facility identifier referred to in paragraph 1 is not yet available, the economic operator creating the construction product passport shall request a unique facility identifier on behalf of the actor responsible for the relevant location or building. Before issuing a request as referred to in the first subparagraph, the economic operator creating the product passport shall seek confirmation from the responsible actor that no unique facility identifier exists and provide the responsible actor with the full details of the released unique facility identifier. 4. The Commission is empowered to adopt delegated acts in accordance with Article 87to amend paragraph 1 of this Article in light of technical and scientific progress by replacing the standard referred to in that paragraph or adding European or international standards with which unique operator identifiers and unique facility identifiers referred to in paragraph 1may comply for the purposes of meeting the conditions set out in this Article.
Amendment 639 #
Proposal for a regulation
Article 15 e (new)
Article 15 e (new)
Article 15 e Construction product passport registry The Commission shall set up and maintain a registry storing information included in the construction product passports by delegated acts adopted pursuant to Article 87. The registry referred to in the first subparagraph shall at least include a list of the data carriers and unique product identifiers referred to in Article 15d (1).The Commission shall ensure that the information stored in the registry referred to in the first subparagraph is processed securely and in compliance with Union law, including applicable rules on the protection of personal data. 2. The Commission shall, in the delegated acts adopted pursuant to Article 87,specify the information which, in addition to being included in the product passport, shall be stored in the registry referred to in paragraph 1, taking into account at least the following criteria: (a) the need to allow for the verification of the authenticity of the product passport; (b) the relevance of information for improving the efficiency and effectiveness of market surveillance checks and customs controls in relation to construction products; (c) the need to avoid disproportionate administrative burden for economic operators. 3. In relation to its responsibility to establish and manage the registry referred to in paragraph 1and the processing of any personal data that might result from that activity, the Commission shall be regarded as controller as defined in Article 3, point(8), of Regulation (EU) 2018/1725. 4. The economic operator placing the product on the market or putting it into service shall upload, in the registry referred to in paragraph 1, the information referred to in paragraph 2. 5. The Commission, competent national authorities and customs authorities shall have access to the registry referred to in this Article for carrying out their duties pursuant to Union legislation.
Amendment 640 #
Proposal for a regulation
Article 15 f (new)
Article 15 f (new)
Amendment 642 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The CE marking shall be affixed to those products for which the manufacturer has drawn up a declaration of performance orand conformity in accordance with Articles 9 and 11 to 14. The CE marking shall be affixed to key parts of the construction product. The CE marking may not be affixed to parts which are not key parts.
Amendment 646 #
Proposal for a regulation
Article 16 – paragraph 6 – subparagraph 1
Article 16 – paragraph 6 – subparagraph 1
A Member State shall not prohibit or impede, within its territory or under its responsibility, the making available on the market or the use of products bearing the CE marking, when the declared performances correspond to the requirements for such use in that Member State.
Amendment 647 #
Proposal for a regulation
Article 16 – paragraph 6 – subparagraph 2
Article 16 – paragraph 6 – subparagraph 2
A Member State shall not prohibit or impede, within its territory or under its responsibility, the making available on the market or the use of products bearing the CE marking, when the declared performances correspond to the requirements for such use in that Member State or the product conforms with product requirements set-up in or by means of this Regulation, unless it is specified in the respective harmonised technical specification that the respective requirements constitute only minimum requirements.
Amendment 662 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. An economic operator shall take all necessary measures to ensure continued compliance, including of products, with this Regulation. Where non-compliance of the economic operator or of a product has been stated and corrective action has been requested by a market surveillance authority in accordance with Article 70(1), the economic operator shall submit progress reports to that authority until that authority decides that the corrective action can be closed.
Amendment 663 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 665 #
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 1 – introductory part
Article 19 – paragraph 3 – subparagraph 1 – introductory part
An economic operator shall, on request of an authority competent authority in the field, communicate any economic operator or other actor to that authority:
Amendment 674 #
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 2 – point vi
Article 19 – paragraph 3 – subparagraph 2 – point vi
(vi) names, addresses, contact details of natural or legal persons acting for those operators, in compliance with the GDPR.
Amendment 676 #
Proposal for a regulation
Article 19 – paragraph 5 – subparagraph 1
Article 19 – paragraph 5 – subparagraph 1
An economic operator shall provide all the requested data, into the database or system establishedcluding the Declaration of Performance and conformity, through the Construction Product Passport in accordance with Article 78 within two months after the availability of that database or system has been stated in a publication of the Official Journal and bear the fees of registration linked thereto. It shall at least bi-annually verify the correctness of the provided data.
Amendment 681 #
Proposal for a regulation
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
2. The manufacturer shall refrain from any claim about the characteristics and performance of a product that is not based on:
Amendment 689 #
Proposal for a regulation
Article 21 – paragraph 7
Article 21 – paragraph 7
7. The manufacturer shall upload the datashare the information of the declaration of performance, including mandatory information on the environmental performance of construction products, of the declaration of conformity, the information referred to in paragraph 6 and the technical documentation in the EU product database or systemthrough the Construction Product Passport established in accordance with Article 78.
Amendment 701 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. A manufacturer established in the Union may appoint, by a written mandate, any natural or legal person established within the Union as a single authorised representative. A manufacturer not established in the Union shall appoint a single authorised representative.
Amendment 707 #
Proposal for a regulation
Article 24 – paragraph 7
Article 24 – paragraph 7
7. The importer shall investigate complaints, and, if necessary, keep a register of complaints, of non-conforming products and of product withdrawals or recalls, and shall keep manufacturers and distributors informed of any such monitoring.
Amendment 709 #
Proposal for a regulation
Article 24 – paragraph 8
Article 24 – paragraph 8
8. The importer selling to final users shall also fulfil the obligations incumbent on distributors. They shall ensure that no products are sold to consumers or other non-professional users which are labelled “for professional use only”. These products shall, in their premises, online and on paper publicity material, be presented as products for professional use only.
Amendment 715 #
Proposal for a regulation
Article 26 – paragraph 1 – point f
Article 26 – paragraph 1 – point f
(f) it claims for it characteristics deviating from the characteristics declaimred by the manufacturer.
Amendment 716 #
Proposal for a regulation
Article 26 – paragraph 2 – point b – point ii
Article 26 – paragraph 2 – point b – point ii
Amendment 723 #
Proposal for a regulation
Article 30 – paragraph 1 – point a
Article 30 – paragraph 1 – point a
(a) provide to manufacturers, notified bodies and authorities all available information on the social impact and environmental sustainability of their supplied component or service all along their lifecycle, in compliance with article 4, article 5 and article 22 and including relevant information over raw material extraction and biodiversity impacts;
Amendment 726 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Where a supplier or service provider has been informed in accordance with the last sentence of Article 21(8), it shall forward that information to his other clients who have, in the last 53 years, received components or services which are identical with regard to the issue in question. In case of a serious risk as defined in Article 3, point (71) or a risk falling under the last sentence of Article 21(9), the supplier or service provider shall also inform the national competent authorities of the Member States where products with that component or manufacturing service have been made available on the market or directly installed; where it cannot identify these Member States, it shall inform all national competent authorities.
Amendment 737 #
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1 – point a
Article 35 – paragraph 2 – subparagraph 1 – point a
(a) a harmonised technical specificationstandard;
Amendment 740 #
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1 – point b
Article 35 – paragraph 2 – subparagraph 1 – point b
(b) a harmonised technical specificationstandard intended to be adopted in the next 21 years as from the date of verification with the Commission;
Amendment 741 #
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 2 – introductory part
Article 35 – paragraph 2 – subparagraph 2 – introductory part
The product shall not be considered as covered by the harmonised technical specificationstandard where:
Amendment 742 #
Proposal for a regulation
Article 35 – paragraph 2 a (new)
Article 35 – paragraph 2 a (new)
2 a. The European Commission shall task EOTA and CEN to create an efficient and agile process to ensure that no European assessment document (EAD) is issued for products, the scope of which is covered by a harmonised standards(hEN) or by its revision.
Amendment 743 #
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1 – point b
Article 36 – paragraph 1 – subparagraph 1 – point b
(b) to not disclose as little as possible information protected by intellectual property rights, and protect commercial secrecy and confidentiality;
Amendment 752 #
Proposal for a regulation
Article 59 – paragraph 3 a (new)
Article 59 – paragraph 3 a (new)
3 a. Where the Commission ascertains that a notified body does not meet, or no longer meets, the requirements for its notification, it shall inform the notifying Member State accordingly and request it to take the necessary corrective measures, including withdrawal of notification, if necessary.
Amendment 756 #
Proposal for a regulation
Article 64 – paragraph 1 – point a a (new)
Article 64 – paragraph 1 – point a a (new)
(a a) the construction product, covered by a harmonised standard, which the manufacturer places on the market corresponds to the product-type of another construction product, manufactured by another manufacturer and already tested in accordance with the relevant harmonised standard. When these conditions are fulfilled, the manufacturer is entitled to declare performance corresponding to all or part of the test results of this other product. The manufacturer may use the test results obtained by another manufacturer only after having obtained an authorisation of that manufacturer, who remains responsible for the accuracy, reliability and stability of those test results; or
Amendment 760 #
Proposal for a regulation
Article 68 – paragraph 2
Article 68 – paragraph 2
2. Where the Commission consider a complaint or report relevant and substantiated, it shall based on a clearly defined criteria, it shall without undue delay assign it to a market surveillance authority for it to follow-up with the relevant natural or legal person in accordance with Article 11(7), point (a) of Regulation (EU) 2019/1020.
Amendment 761 #
Proposal for a regulation
Article 68 – paragraph 2 a (new)
Article 68 – paragraph 2 a (new)
2 a. The Commission shall adopt an implementing act with the procedure referred to in Article to establish the criteria and the timeline referred to in paragraph 2 of this Article.
Amendment 762 #
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
2. Member States shall designate, amongst their competent authorities, the ‘national competent authority’ which is the focalsingle point for contactsof contact for communication with other Member States.
Amendment 763 #
Proposal for a regulation
Article 69 a (new)
Article 69 a (new)
Article 69 a Market surveillance access to documents Market surveillance authorities shall have the powers listed in Article 14(4) of Regulation (EU) 2019/1020. These powers are, by virtue of this Regulation and only for the scope of application of this Regulation, extended and complemented so as to include the following powers: (a) the power to require any public authority, body or agency within the same Member State and any economic operator and natural or legal person supporting them to provide the documents, technical specifications, data, and information listed in point (a) and (b) of Article 14(4) of Regulation (EU) 2019/1020 and relevant for compliance with this Regulation or the documents and information referred to in Chapters II to VIII of this Regulation; (b) the power to, before submitting a reasoned request under Article 22(2) of Regulation (EU) 2019/1020, directly request information from economic operators and natural or legal persons supporting them in another Member State; (c) the power to request information from authorities, economic operators and natural or legal persons supporting the latter, where all these are located in third countries;
Amendment 767 #
Proposal for a regulation
Article 71 – paragraph 1 – subparagraph 1
Article 71 – paragraph 1 – subparagraph 1
Where, on completion of the procedure set out in Article 70(4), objections are raised against a measure taken by a Member State or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States and the relevant economic operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall, within 3 months from the notification referred to in Article 70(6) decide by means of implementing act adopted whether the measure is justified or not.
Amendment 768 #
Proposal for a regulation
Article 71 – paragraph 2
Article 71 – paragraph 2
2. If the national measure is considered justified, all Member States shall take the necessary measures to ensure that the non-compliant product is withdrawn from their markets without delay and shall inform the Commission accordingly. If the national measure is considered unjustified, the Member State concerned shall withdraw the measure.
Amendment 769 #
Proposal for a regulation
Article 72 – paragraph 3 a (new)
Article 72 – paragraph 3 a (new)
3 a. Consumers shall be enabled to enter information on construction products presenting a risk to consumers through a specific section of the Safety Gate portal provided for in Article 2 of the General Product Safety Regulation. The Commission shall take due account of the information received and ensure appropriate follow-up actions, including transmission of the information to the relevant national authorities.
Amendment 774 #
Proposal for a regulation
Article 77 – paragraph 8
Article 77 – paragraph 8
8. Member States and the Commission may use artificial intelligence systems to detect diverging decision making practices.
Amendment 776 #
Proposal for a regulation
Article 78 – paragraph 1
Article 78 – paragraph 1
1. The Commission is empowered to supplement this Regulation by means of delegated act according to Article 87, by setting up a Union cnd updating the Construction pProducts database or system that builds to t Passport referred to in Article 15a. When extent possible on the Digital Product Passportstablishing and updating the Construction Product Passport, the Commission shall ensure that it meets all conditions established by Regulation (EU) ... [Regulation on eco design for sustainable products], taking into account the specific characteristics and requirements related to construction products.
Amendment 781 #
Amendment 782 #
Proposal for a regulation
Article 78 – paragraph 3 – subparagraph 1 – introductory part
Article 78 – paragraph 3 – subparagraph 1 – introductory part
The Commission may, by implementing acts give access to this database or system to certain authorities of third countries that apply voluntarily this Regulation or that have regulatory systems for construction products similar to this Regulation provided that these countriesdefine specific conditions applicable for construction products specifically:
Amendment 785 #
Proposal for a regulation
Article 78 – paragraph 3 – subparagraph 1 – point a
Article 78 – paragraph 3 – subparagraph 1 – point a
Amendment 787 #
Proposal for a regulation
Article 78 – paragraph 3 – subparagraph 1 – point b
Article 78 – paragraph 3 – subparagraph 1 – point b
Amendment 789 #
Proposal for a regulation
Article 78 – paragraph 3 – subparagraph 1 – point c
Article 78 – paragraph 3 – subparagraph 1 – point c
Amendment 790 #
Proposal for a regulation
Article 78 – paragraph 3 – subparagraph 1 – point d
Article 78 – paragraph 3 – subparagraph 1 – point d
Amendment 798 #
Proposal for a regulation
Article 83 – paragraph 1 – subparagraph 1
Article 83 – paragraph 1 – subparagraph 1
Where Member States provide incentives for a product category covered by a delegated act establishing performance classes in accordance with Article 4(4), point (a) or a “traffic-light-labellingscoring system” in accordance with Article 22(5), those incentives shall aim at the highest two populated classes / colour codes, or at higher classes / better colour codclasses / scores.
Amendment 800 #
Proposal for a regulation
Article 83 – paragraph 2 – subparagraph 2 – point a a (new)
Article 83 – paragraph 2 – subparagraph 2 – point a a (new)
(a a) the environmental benefits derived from the uptake of products in the highest two classes/scores;
Amendment 810 #
Proposal for a regulation
Article 84 – paragraph 1
Article 84 – paragraph 1
1. The Commission is empowered to supplement this Regulation by delegated acts according to Article 87 by establishing mandatory sustainability requirements applicable to public contracts, including implementation, monitoring and reporting of those requirements by Member States.
Amendment 814 #
Proposal for a regulation
Article 84 – paragraph 2
Article 84 – paragraph 2
2. Requirements adopted pursuant to paragraph 1 for public contracts awarded by contracting authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article 3, point (1) of Directive 2014/25/EU, or contracting entities, as defined in Article 4(1) of Directive 2014/25/EU, mayshall take the form of mandatory technical specifications, selection criteria, award criteria, contract performance clauses, or targets, as appropriate.
Amendment 816 #
Proposal for a regulation
Article 84 – paragraph 3 – point a a (new)
Article 84 – paragraph 3 – point a a (new)
(a a) the environmental benefits entailed by the uptake of products in the highest two classes/scores;
Amendment 822 #
Proposal for a regulation
Article 84 – paragraph 3 – point c
Article 84 – paragraph 3 – point c
(c) the economic feasibility for contracting authorities or contracting entities to buy more environmentally sustainable products, without entailing disproportionate costs as determined on a total lifetime and operating cost basis.
Amendment 832 #
Proposal for a regulation
Article 87 – paragraph 3
Article 87 – paragraph 3
3. Before adopting a delegated act, the Commission shall consult experts designated by each Member Stateduct a thorough assessment of impact and a consultation of stakeholders in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making52 . _________________ 52 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making, OJ L 123, 12.5.2016, p. 1–14.
Amendment 843 #
Proposal for a regulation
Article 91 – paragraph 1
Article 91 – paragraph 1
No sooner than 85 years after the date of application of this Regulation, the Commission shall carry out an evaluation of this Regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of products and construction works and built environment. The Commission shall present a report on the main findings to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. Member States shall provide the Commission with the information necessary for the preparation of that report.
Amendment 848 #
Proposal for a regulation
Article 92 – paragraph 1
Article 92 – paragraph 1
Regulation (EU) 305/2011 is repealed with effect from 1 January 204510 years after entry into force of this Regulation.
Amendment 881 #
Proposal for a regulation
Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point e
Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point e
(e) Ease of deconstruction, reuse or recyclability of the construction works, parts of them and their materials after demolition.
Amendment 905 #
Proposal for a regulation
Annex I – Part D – point 1 – point 1.2 – point f
Annex I – Part D – point 1 – point 1.2 – point f
(f) mainfull bill of materials used;
Amendment 909 #
Proposal for a regulation
Annex I – Part D – point 1 – point 1.3 – introductory part
Annex I – Part D – point 1 – point 1.3 – introductory part
1.3. Transport, installation, maintenance, deinstallation, deconstruction and demolition rules:
Amendment 914 #
Proposal for a regulation
Annex I – Part D – point 1 – point 1.3 – point c – introductory part
Annex I – Part D – point 1 – point 1.3 – point c – introductory part
(c) Maintenance needs with a view to maintaining the performance of the product during its service life span and to maximising its durability during several lifecycles.:
Amendment 917 #
Proposal for a regulation
Annex I – Part D – point 1 – point 1.3 – point c – point ii
Annex I – Part D – point 1 – point 1.3 – point c – point ii
(ii) the type and frequency of inspections and maintenance required for safety and durability reasons and, where appropriate, the parts subject to wear and the criteria for replacement;
Amendment 921 #
Proposal for a regulation
Annex I – Part D – point 1 – point 1.6 a (new)
Annex I – Part D – point 1 – point 1.6 a (new)
1.6 a. Environmental product performance information The manufacturer shall provide information on: (a) recycled content; (b) recyclability and capability to be remanufactured; (c) reparability during the expected life span; (d) selection of safe, environmentally benign substances; (e) upgradability; (f) release of microplastics; (g) capability of different materials or substance to be separated and recovered during dismantling or recycling procedures; (h) environmental and social impacts of raw materials' extraction or sourcing and indication of measure to tackle those.