25 Amendments of Brando BENIFEI related to 2022/0094(COD)
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 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 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 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 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 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 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 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 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 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 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 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 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 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 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.