Activities of Bronis ROPĖ related to 2022/0094(COD)
Shadow opinions (1)
OPINION 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 (44)
Amendment 174 #
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 develop and the transition towards a carbon- neutral, environmentally sustainable, toxic-free and fully circular economy within planetary boundaries by 2050 at the latest, makes it necessary to establish new environmental obligations and to develop and apply an assessment method for the calculation of the environmental sustainability of construction products and to lay down rules for declaring environmental and the application of an assessment method for the calsustainability performance of construction products, including the possibility of establishing relevant thresholds and classes. In order to achieve harmonised and acculration of the environmental sustainability of construction productse assessments, the Commission should build on the continuing efforts to develop and improve science-based assessment tools, such as the updated Product Environmental Footprint method set out in Commission Recommendation (EU) 2021/22791a. 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. _________________ 1a Commission Recommendation (EU) 2021/2279 of 15 December 2021 on the use of the Environmental Footprint methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 471, 30.12.2021, p. 1-396)
Amendment 184 #
Proposal for a regulation
Recital 18
Recital 18
(18) In order to strive for a maximum of regulatory coherence, this Regulation should to the extent possible build on the horizontal legal framework, in this case namely on Regulation (EU) No 1025/2012 of the European Parliament and of the Council. It follows the recent trend in product legislation to develop and on Regulation (EU) ... [Regulation on eco design for sustainable products]. It follows the recent trend in product legislation to ensure that all products placed on the Union market become increasingly sustainable and stand the test of circularity, in line with the European Green Deal as a fall-back solution where the European Standardisation Organisations do not deliver harmonised standards which can be cited in the Official Journal. As no harmonised standards for construction products could be cited in the Official Journal since late 2019 and only some dozen since Regulation (EU) No 305/2011 came into force, the new back-up empowerments for the Commission should be even more comprehensive, permitting to define mandatory essential characteristics related to sustainability and to optimise the overall output of technical specifications so to catch up the delay in the adaptation to technical progress. The Commission shall, amongst others, be guided by and ensure coherence with the environmental sustainability objectives pursued by Regulation (EU) … [Regulation on eco design for sustainable products].
Amendment 199 #
Proposal for a regulation
Recital 44 a (new)
Recital 44 a (new)
(44 a) The use of bio-based construction products can improve the embodied carbon performance of buildings when substituting more carbon-intensive materials such as conventional cement and steel, provided that the overall climate impacts of biomass production are included in a whole lifecycle assessment and demonstrate lower global warming potential. Similarly, a lower relative impact is also to be demonstrated on other key environmental impact indicators. Construction material sourcing should not contribute to land use change, such as deforestation and forest degradation.
Amendment 267 #
Proposal for a regulation
Article 3 – paragraph 1 – point 71
Article 3 – paragraph 1 – point 71
(71) ‘product presenting a serious risk’ means a product presenting a serious risk as defined in Article 3, point (20)19 , of Regulation (EU) 2019/1020.
Amendment 275 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 3
Article 4 – paragraph 2 – subparagraph 3
The respective standardisation requests may also include a request that the European standardisation organisation determine in the standards referred to in the first subparagraph the voluntary or mandatory threshold levels and classes of performance in relation to the essential characteristics and which of the essential characteristics may or shall be declared by manufacturers. In that case, the Commission shall lay down the basic principles and corner stones for the establishment of the threshold levels, classes and mandatory characteristics in the standardisation request.
Amendment 279 #
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 114s 11, 114 and 191 to 193 of the Treaty on the Functioning of the European Union, tpriority shall be given to Union legal acts. The Commission is empowered to supplement 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 281 #
Proposal for a regulation
Article 4 – paragraph 3 – point e
Article 4 – paragraph 3 – point e
(e) theany standards referred to in the first subparagraph of Article 4(2)that are not in line with EU climate and environmental legislation and ambition;
Amendment 283 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
Amendment 301 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 – introductory part
Article 7 – paragraph 2 – subparagraph 1 – introductory part
Member States shall respect the harmonised zone in their national law, other rules or administrative action and shall not set additional requirements for products covered by it, with the exception of technical specifications to assess environmental performances. They shall in particular apply the following:
Amendment 303 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
This paragraph shall also apply to public tenders or direct attributions of contracts where those public tenders or direct attributions are executed under direct or indirect control of public entities or are executed with reference to public provisions on public tenders or direct attribution of contracts. This paragraph shall also apply to grants or other positive incentives with the exception of fiscal incentives. However, harmonised technical specifications mayshall permit or recommend Member States to link the decisions on the attribution of public tenders, of contracts or of grants or other positive incentives to sub-classes or additional classes other than those established in accordance with Article 4(4), where these still relate to environmental performances assessed in accordance with these harmonised technical specifications to target the most sustainable amongst the compliant products.
Amendment 306 #
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Member States mayshall ban the destruction of surplus and unsold products or products taken back 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 324 #
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)Article 22.
Amendment 325 #
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 dateby 1 January 2025.
Amendment 335 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
No other marking than the CE marking and Type I (ISO 14024) ecolabels may be placed on the declaration of performance or the declaration of conformity.
Amendment 340 #
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 343 #
Proposal for a regulation
Article 21 – paragraph 3 – subparagraph 2
Article 21 – paragraph 3 – subparagraph 2
That technical documentation shall contain the mandatory or facultative calculation of environmental, including climate sustainability assessed in accordance with harmonised technical specifications adopted under this Regulation or with Commission acts adopted under this Regulation.
Amendment 345 #
Proposal for a regulation
Article 21 – paragraph 6 – subparagraph 1
Article 21 – paragraph 6 – subparagraph 1
When making a product available on the market in a certain Member State, the manufacturer shall ensure that the product is accompanied by the information set out in harmonised technical specifications and in Annex I Part D in a language determined by the Member State concerned or, in absence of such determination, in a language which can be easily understood by usersat least in the official languages of the Member State concerned.
Amendment 346 #
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 information on the environmental performance of construction products and of the declaration of conformity, the information referred to in paragraph 6 and the technical documentation in the EU product database or system established in accordance with Article 78.
Amendment 348 #
Proposal for a regulation
Article 21 – paragraph 9
Article 21 – paragraph 9
Amendment 351 #
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – introductory part
Article 22 – paragraph 2 – subparagraph 1 – introductory part
Amendment 355 #
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – point b
Article 22 – paragraph 2 – subparagraph 1 – point b
(b) under the conditions set out in point (a)(i) and (ii) give preference to reusable and sustainably sourced bio-based materials, recyclable materials and materials gained from re-use and recycling;
Amendment 358 #
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – point h
Article 22 – paragraph 2 – subparagraph 1 – point h
(h) design products in such a way that re-use, remanufacturing and recycling are facilitated, namely by facilitating the separation of components and materials at de-installation, deconstruction and demolition and at the later stage of recycling and avoiding mixed, blended or intricate materials, unless remanufacturing and recycling are risky for human safety or the environment. In this case the manufacturer shall refrain from such design and warn against remanufacturing and recycling in accordance with the following point;
Amendment 364 #
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. In order to ensure transparency for the users and to promote sustainable products, the Commission is empowered to supplement this Regulation by delegated acts adopted in accordance with Article 87 to establish specific environmental sustainability labelling requirements including a scoring system covering relevant impact categories or, where appropriate, “traffic-light-labelling” in relation to environmental obligations set out in paragraph 1, product inherent environmental requirements set out in Annex I Part C Point 2, and environmental performance classes established in accordance with of Article 4(4), point (a).
Amendment 367 #
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
6. The manufacturer shall affix the scoring system or traffic light label in the way set out in the delegated acts adopted in accordance with paragraph 5.
Amendment 373 #
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 5 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 378 #
Proposal for a regulation
Article 61 – paragraph 4 – point c
Article 61 – paragraph 4 – point c
(c) a product placed on the market, due to its physical condition, is likely to cause a serious risk.
Amendment 389 #
Proposal for a regulation
Article 78 – title
Article 78 – title
EU construction products database or system
Amendment 394 #
Proposal for a regulation
Article 78 – paragraph 1
Article 78 – paragraph 1
1. The Commission is empowered toBy 31 December 2026, the Commission shall supplement this Regulation by means of delegated act according to Article 87, by setting up a Union construction products database or system that builds to the extent possible onf Digital Product Passport that builds on and is interoperable with the Digital Product Passport established by Regulation (EU) ... [Regulation on eEcodesign for sustainable products].
Amendment 396 #
Proposal for a regulation
Article 78 – paragraph 1 a (new)
Article 78 – paragraph 1 a (new)
1 a. The database shall serve the following purposes: (a) to support market surveillance authorities in carrying out the tasks and duties conferred upon them by this Regulation, including enforcement thereof; (b) to provide the users and authorities with all necessary information about construction products placed on the market; (c) to store all documentation and information requested from economic operators pursuant to Chapter III.
Amendment 397 #
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 define specific conditions applicable for construction products specifically. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 88(1). It may also give access to this database or system to certainpublic authorities of third countries that apply voluntarily this Regulation or that have regulatory systems for construction products similar to this Regulation provided that these countries:
Amendment 409 #
Proposal for a regulation
Article 84 – paragraph 1
Article 84 – paragraph 1
1. The Commission is empowered toBy 31 December 2025, the Commission shall supplement this Regulation by delegated acts according to Article 87 by establishing mandatory sustainability requirements applicable to all public contracts, including implementation, monitoring and reporting of those requirements by Member States.
Amendment 410 #
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, labels as defined in Article 43 of Directive 2014/24/EU, or targets, as appropriate.
Amendment 412 #
Proposal for a regulation
Article 84 – paragraph 3 – point b a (new)
Article 84 – paragraph 3 – point b a (new)
(b a) the environmental benefits entailed by the uptake of products in the highest two classes/scores;
Amendment 413 #
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. , also considering multiple co-benefits such as reduced health and social system costs, increased productivity, reduced sickness rates, if applicable, for contracting authorities or contracting entities to buy more environmentally sustainable products, without compromising the principles of sound management of public resources and entailing disproportionate costs as determined on a total lifetime and operating cost basis.
Amendment 414 #
Proposal for a regulation
Article 84 – paragraph 3 – point c a (new)
Article 84 – paragraph 3 – point c a (new)
(c a) Where a product is covered by the Union green public procurement criteria but not yet by harmonised technical specifications, contracting authorities and contracting entities shall purchase products and services that respect at least the technical specifications set at ‘core’ level in the relevant Union green public procurement criteria including among others for Office Building Design, Construction and Management and Union green public procurement criteria for Road Design, Construction and Maintenance.
Amendment 418 #
91 Prioritisation, Planning and Evaluation
Amendment 419 #
Proposal for a regulation
Article 91 – paragraph 1
Article 91 – paragraph 1
Amendment 423 #
Proposal for a regulation
Annex I – Part A – point 1 – point 1.2 – paragraph 3 – point e a (new)
Annex I – Part A – point 1 – point 1.2 – paragraph 3 – point e a (new)
(e a) the release of microplastics;
Amendment 426 #
Proposal for a regulation
Annex I – Part A – point 1 – point 1.7 – paragraph 2 – point d
Annex I – Part A – point 1 – point 1.7 – paragraph 2 – point d
(d) the release of net greenhouse gas emissions into the atmosphere.
Amendment 427 #
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – introductory part
Annex I – Part A – point 2 – paragraph 2 – introductory part
Harmonised technical specifications shall to the extent possible cover the following essential characteristics related to life cycle assessment:
Amendment 428 #
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point a
Annex I – Part A – point 2 – paragraph 2 – point a
(a) climate change effects (mandatory), including carbon storage;
Amendment 430 #
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point p a (new)
Annex I – Part A – point 2 – paragraph 2 – point p a (new)
(p a) material and resource efficiency.
Amendment 432 #
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 3
Annex I – Part A – point 2 – paragraph 3
Harmonised technical specifications shall indicate that for the essential characteristic of climate change effects under point (a) it is mandatory for the manufacturer to declare the performance of the product as set out in Articles 11(2) and 22(1).
Amendment 434 #
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 4
Annex I – Part A – point 2 – paragraph 4
Harmonised technical specifications shall also cover to the extent possible the essential characteristic of capability to temporarily bind carbon and of other carbon removalsprovided that products do not contribute to land use change and comply with the obligations of the [Deforestation and Forest Degradation Regulation].