BETA

114 Amendments of Markus BUCHHEIT related to 2022/0094(COD)

Amendment 294 #
Proposal for a regulation
Recital 2
(2) In order for a construction product covered by a harmonised technical specification to be placed on the market, the manufacturer is obliged to draw a declaration of performance for such product. The manufacturer assumes the responsibility for the conformity of the product with such declared performance. Certain exemptions to this obligation are provided.
2022/12/20
Committee: IMCO
Amendment 303 #
Proposal for a regulation
Recital 17
(17) Construction products placed on the market in the outermost regions of the European Union are often imported from neighbouring countries, and are therefore not subject to requirements laid down in Union law. Subjecting those construction products to such requirements would be disproportionately costly. At the same time, construction products manufactured in the outermost regions hardly circulate in other Member States. Accordingly, Member States should have the possibility to exempt construction products placed on the market or directly installed in the outermost regions of the European Union from those requirements.deleted
2022/12/20
Committee: IMCO
Amendment 309 #
Proposal for a regulation
Recital 18 a (new)
(18 a) 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.
2022/12/20
Committee: IMCO
Amendment 313 #
Proposal for a regulation
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 fore intermediary products concerned are heaters, boilers, heat pumps, water and space heating appliances, fans, cooling and ventilating systems and photovoltaic products, excluding building- integrated photovoltaic panels. In this respect, a detailed definition of energy- related products together with a full list of energy-related products which are also construction products shall be drafted by the European Commission within the framework of the [ESPR] with the aim to avoid unnecessary legislative overlaps and duplications of sustainability requirements which may hinder the internal market. 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.
2022/12/20
Committee: IMCO
Amendment 319 #
Proposal for a regulation
Recital 40
(40) To create transparency for users of construction products and to avoid inappropriate use of those products, construction products and their intended use should be precisely identified by the manufacturer. For the same reason, the manufacturer should make clear whethern the construction products are intended for professional use only, or also for use by consumers. To ensure that construction products can be traced back, manufacturers should be indicated on the product or, where this is not possible e.g. due to the product’s size or surface, on its packaging or, where that is not possible either, in a document accompanying it.
2022/12/20
Committee: IMCO
Amendment 325 #
Proposal for a regulation
Recital 47
(47) In order to be able to make informed choices, users of construction products should be sufficiently well informed about the environmental performances of products, about their conformity with environmental requirements and of the degree of fulfilment of manufacturer’s environmental obligations in this regard. Therefore, the Commission is empowered to adopt delegated acts to establish specific labelling requirements which might include the easily understandable traffic light labelling.deleted
2022/12/20
Committee: IMCO
Amendment 326 #
Proposal for a regulation
Recital 52
(52) In order to avoid that 3D-printing is used to circumvent the obligations under this Regulation, 3D-printing service providers should have certain information obligations.deleted
2022/12/20
Committee: IMCO
Amendment 338 #
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
This Regulation establishes harmonised rules for the making available on the market and direct installation of construction products, regardless of whether undertaken in the framework of a service or not, by establishing:
2022/12/20
Committee: IMCO
Amendment 339 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
(a) rules on how to express the environmental, including climate, and safety performance of construction products in relation to their essential characteristics;
2022/12/20
Committee: IMCO
Amendment 343 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
(b) environmental, including climate, functional and safety product requirements for construction products.
2022/12/20
Committee: IMCO
Amendment 345 #
Proposal for a regulation
Article 1 – paragraph 2
This Regulation also establishes obligations incumbent on economic operators dealing with construction products or their components or with products that could be regarded as construction products whilst not being intended by their manufacturer to be construction products.
2022/12/20
Committee: IMCO
Amendment 351 #
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point a
(a) 3D-datasets placed on the market to permit the 3D-printing of construction products covered by this Regulation and 3D-printed construction products and moulds;
2022/12/20
Committee: IMCO
Amendment 355 #
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point b
(b) materials intended to be used for the 3D-printing of construction products on or close to the construction site or for the manufacturing using moulds on or close to the construction siter for the manufacturing using moulds;
2022/12/20
Committee: IMCO
Amendment 358 #
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point c
(c) construction products manufactured on the construction site for immediate incorporation into construction works, without separate commercial action for the placing on the market;deleted
2022/12/20
Committee: IMCO
Amendment 361 #
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point f
(f) kits or assemblies, where their composition is specified in and covered by harmonised technical specifications or European assessment documents (EADs);deleted
2022/12/20
Committee: IMCO
Amendment 364 #
(g) prefabricated one-family-houses of less than 180 m2 surface floor space with one floor or of less than 100 m2 surface floor space on two floors.deleted
2022/12/20
Committee: IMCO
Amendment 367 #
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 2
Member States may decide not to apply this Regulation for the houses referred to in point (g) by notification to the Commission.deleted
2022/12/20
Committee: IMCO
Amendment 380 #
Proposal for a regulation
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;
2022/12/20
Committee: IMCO
Amendment 382 #
Proposal for a regulation
Article 2 – paragraph 3 – point c
(c) systems treating waste water;deleted
2022/12/20
Committee: IMCO
Amendment 385 #
Proposal for a regulation
Article 2 – paragraph 3 – point d
(d) sanitary appliances;deleted
2022/12/20
Committee: IMCO
Amendment 388 #
Proposal for a regulation
Article 2 – paragraph 3 – point e
(e) traffic signalling products.deleted
2022/12/20
Committee: IMCO
Amendment 392 #
Proposal for a regulation
Article 2 – paragraph 3 – point e a (new)
(e a) photovoltaic elements other than building-integrated photovoltaic (BIPV) elements;
2022/12/20
Committee: IMCO
Amendment 393 #
Proposal for a regulation
Article 2 – paragraph 3 – point e b (new)
(e b) Electrical and electronic products which are not included in products in line 1-32 of the table I of Annex IV.
2022/12/20
Committee: IMCO
Amendment 395 #
4. This Regulation also shall also apply to 3D-printing services of construction products and of items covered by this Regulation. 3D-printing services include renting out of 3D- printing machines that could be used for construction products and items covered by this Regulation. This Regulation shall also apply to services linked to: — the manufacturing and commercialisation of construction products and or items covered by this Regulation, and — to the de-installing, preparation for re- use, remanufacturing and dealing with used construction products or items covered by this Regulation.deleted
2022/12/20
Committee: IMCO
Amendment 397 #
Proposal for a regulation
Article 2 – paragraph 5
5. Member States may exempt from the application of this Regulation construction products and items covered by this Regulation that are placed on the market or directly installed in the outermost regions of the European Union in the meaning of Article 349 of the Treaty on the Functioning of the European Union. Member States shall notify to the European Commission and to the other Member States the regulations providing such exemptions. They shall ensure that exempted construction products or items do not bear the CE marking in accordance with Article 16. Construction products or items placed on the market or directly installed on the basis of such exemption shall not be deemed to be placed on the market or directly installed in the Union in the meaning of this Regulation.deleted
2022/12/20
Committee: IMCO
Amendment 403 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1
(1) ‘construction product’ means any formed or formless physical item, including its packaging and instructions for use, or a kit or assembly combining such items, that isproduct or kit which is produced and placed on the market or produced for incorporation in a permanent manner in construction works or parts thereof within the Union, with the exception of items that are necessarily first integrated into an assembly, kit or other construction product prior to being incorporated in a permanent manner in construction worksand the performance of which has an effect on the performance of the construction works with respect to the basic requirements for construction works, including3D-printed products or other items covered by this Regulation in accordance with Article 2(1) to (3);
2022/12/20
Committee: IMCO
Amendment 405 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2
(2) ‘permanent’ means for a duration of two years or longerinstalled or affixed in such a manner that may significantly affect the basic work requirements and that the item cannot be removed without tools or mechanical force;
2022/12/20
Committee: IMCO
Amendment 408 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3
(3) ‘product’ means a construction product or other item covered by this Regulation in accordance with Article 2(1) to (3);deleted
2022/12/20
Committee: IMCO
Amendment 412 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5
(5) ‘direct installation’ means the installation of a product into a construction work of a client without prior making available on the market or the installation of a one-family house covered by this Regulation, regardless whether in the framework of providing a service or not;deleted
2022/12/20
Committee: IMCO
Amendment 418 #
Proposal for a regulation
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;
2022/12/20
Committee: IMCO
Amendment 422 #
Proposal for a regulation
Article 3 – paragraph 1 – point 9
(9) ‘economic operator’ means the manufacturer, the authorised representative, the importer, the distributor, the fulfilment service provider, the 3D- printing service provider, manufacturer, importer or distributor of materials intended for 3D-printing of products, online seller, the broker, the supplier, the service provider, the own- brand-labeller or any other natural or legal person, other than authorities, notified bodies, technical assessment bodies and product contact points for construction who is subject to this Regulation in relation to the manufacturing, de- installation for re-use, re-manufacturing or repackaging of products, or making those products available on the market or installing those products directly in accordance with this Regulation, and economic operators as defined in Article 3, point (13) of Regulation (EU) 2019/1020 of the European Parliament and of the Council44 ; _________________ 44 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).
2022/12/20
Committee: IMCO
Amendment 424 #
Proposal for a regulation
Article 3 – paragraph 1 – point 10
(10) ‘3D-printing service provider’ means any natural or legal person offering, in the course of a commercial activity, one of the following services: renting or leasing out 3D-printers, printing out 3D-printing datasets, or brokering one of these services, regardless of whether the printing material is provided by that person or not;deleted
2022/12/20
Committee: IMCO
Amendment 427 #
Proposal for a regulation
Article 3 – paragraph 1 – point 11
(11) ‘materials intended for 3D- printing of products’ means any material intended or the 3D-printing of products for which the respective economic operators have not explicitly and consistently excluded the use as materials for 3D-printing;deleted
2022/12/20
Committee: IMCO
Amendment 430 #
Proposal for a regulation
Article 3 – paragraph 1 – point 13
(13) ‘3D-datasets’ means a set of numerical data describing the shape of an object by its outer dimensions and its cavities in view of permitting the 3D- printing of that object;deleted
2022/12/20
Committee: IMCO
Amendment 432 #
Proposal for a regulation
Article 3 – paragraph 1 – point 15
(15) ‘buildings’ means facilities, other than containers, giving shelter to humans, animals or objects, which either are permanently fixed to the ground or can only be transported by the help of special equipment whilst having a surface floor space of at least 20m2 on one or several levels;deleted
2022/12/20
Committee: IMCO
Amendment 434 #
Proposal for a regulation
Article 3 – paragraph 1 – point 16
(16) ‘level’ means the result of the assessment of the performance of a product in relation to its essential characteristics, expressed as a numerical valueexpression of performance without a classification of potential performances and/or a specified minimum or maximum;
2022/12/20
Committee: IMCO
Amendment 435 #
Proposal for a regulation
Article 3 – paragraph 1 – point 17
(17) ‘class’ means a range of levels, delimited by a minimum and a maximum value, of performance of a productn expression of performance according to a systematic division of potential performances;
2022/12/20
Committee: IMCO
Amendment 439 #
Proposal for a regulation
Article 3 – paragraph 1 – point 22
(22) ‘assembly’ means a set of at least two separate items, one of which is a product;deleted
2022/12/20
Committee: IMCO
Amendment 440 #
Proposal for a regulation
Article 3 – paragraph 1 – point 25
(25) ‘intended use’ means the use intended by the manufacturer, including the conditions for usage, as laid out in technical documentation, on labels, in instructions for use, or in publicity material, whilst usages mentioned only in one of these are already part of the ‘intended use’intended use as determined by the manufacturer of the construction product as defined in the applicable harmonised technical specification;
2022/12/20
Committee: IMCO
Amendment 452 #
Proposal for a regulation
Article 3 – paragraph 1 – point 39
(39) ‘Union law’ means the TEU, the TFEU, general principles of law, acts of general applicability referred to in the second, third and fourth paragraph of Article 288 TFEU and any international agreements to which the Union is party or the Union and its Member States are parties;deleted
2022/12/20
Committee: IMCO
Amendment 464 #
Proposal for a regulation
Article 3 – paragraph 1 – point 48
(48) ‘double use product’ means a product that is, by its manufacturer, intended to be used as product and as an item with another intended use that would fall outside of the scope of this Regulation if it had only that other intended use;deleted
2022/12/20
Committee: IMCO
Amendment 465 #
Proposal for a regulation
Article 3 – paragraph 1 – point 51
(51) ‘full-time equivalence’ means the work-power of one person employed full- time as defined by the Member State concerned or the work-power of several persons employed part-time working together the same number of hours per day or week;deleted
2022/12/20
Committee: IMCO
Amendment 467 #
Proposal for a regulation
Article 3 – paragraph 1 – point 57
(57) ‘broker’ means any natural or legal person providing an intermediation service for the placing on the market or direct installation of products;
2022/12/20
Committee: IMCO
Amendment 488 #
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 and their assessment methods.
2022/12/20
Committee: IMCO
Amendment 492 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 3 a (new)
These standardisation requests shall be issued in accordance with the working plan established in accordance with Article 93a.
2022/12/20
Committee: IMCO
Amendment 495 #
Proposal for a regulation
Article 4 – paragraph 3
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 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: (a) there are undue delays in the adoption of certain standards referred to in the first subparagraph of Article 4(2)by the European standardisation organisations, whilst an undue delay is given where the European standardisation organisation does not submit a standard within the time-frame set out in the standardisation request; (b) there is an urgency for the adoption of more harmonised technical specifications that cannot be matched with standards referred to in the first subparagraph of Article 4(2) alone; (c) one or more essential characteristics referring to basic work requirements set out in Annex I Part A, Point 1 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; (d) the standards referred to in the first subparagraph of Article 4(2) are for other reasons considered not sufficient to cover regulatory needs of Member States or the needs of economic operators; (e) the standards referred to in the first subparagraph of Article 4(2) are not in line with EU climate and environmental legislation and ambition; (f) references to standards referred to in the first subparagraph of Article 4(2) cannot be published in the Official Journal for the reasons set out in Article 34(4) or other legal reasons; (g) references to standards referred to in the first subparagraph of Article 4(2) have been withdrawn from the Official Journal or were published with a restriction.deleted
2022/12/20
Committee: IMCO
Amendment 522 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
3 a. 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 may 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 where the following cases have been fulfilled: (a) no reference to harmonised standards covering the relevant essential characteristics is published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012 and no such reference is expected to be published within a reasonable period; and (b) the Commission has requested one or more European standardisation organisations to draft a harmonised standard for the requirements; (c) the request has not been accepted by any of the European standardisation organisations or the standard is not delivered within the deadline. 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. 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. 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.
2022/12/20
Committee: IMCO
Amendment 532 #
Proposal for a regulation
Article 4 – paragraph 4 – introductory part
4. IWhile priority shall be given to the elaboration of standards 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, after consultation of the relevant European standardisation organisations and European stakeholder organisations receiving Union financing under Regulation(EU) No 1025/2012, by determining, for particular product families and categories, the following:
2022/12/20
Committee: IMCO
Amendment 539 #
Proposal for a regulation
Article 4 – paragraph 5
5. The Commission, after consultation of the relevant European stakeholder organisations, is empowered to amend Annex I Part A by means of delegated acts in accordance with Article 87 in order to adapt it to technical progress and to cover new risks and environmental aspects.
2022/12/20
Committee: IMCO
Amendment 547 #
Proposal for a regulation
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 requirements set out in Annex I Part D and, satisfy the product requirements laid down in Annex I Part B, C and C asD when specified for the respective product family or category in accordance with paragraph 2. The product requirements laid down in Annex I Part B, C and CD are only applicable where they have been specified in accordance with paragraph 2.
2022/12/20
Committee: IMCO
Amendment 557 #
Proposal for a regulation
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.
2022/12/20
Committee: IMCO
Amendment 562 #
Proposal for a regulation
Article 5 – paragraph 3
3. The Commission, after consultation with European stakeholder organisations, 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.
2022/12/20
Committee: IMCO
Amendment 570 #
Proposal for a regulation
Article 6 – title
Assessment and verification systems and their product specific modalities
2022/12/20
Committee: IMCO
Amendment 573 #
Proposal for a regulation
Article 6 – paragraph 3
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 introducing additional assessment or verification steps in the systems of Annex V.deleted
2022/12/20
Committee: IMCO
Amendment 578 #
Proposal for a regulation
Article 7 – paragraph 1
1. The harmonised zone shall be presumed to be comprehensive, covering all potential legal requirements for products other than those covered by other Union lawconstruction products.
2022/12/20
Committee: IMCO
Amendment 582 #
Proposal for a regulation
Article 7 – paragraph 7 – introductory part
7. This Regulation does not hinder Member States to introduce mandatory deposit-refund systems, to oblige manufacturers to take back used or not used non-custom-made products directly or via their importers and distributors and to establish obligations regarding the collection and the treatment of products for waste, provided that all of the following is complied with:
2022/12/20
Committee: IMCO
Amendment 589 #
Proposal for a regulation
Article 7 – paragraph 8
8. Member States may ban the destruction of non-custom-made 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.
2022/12/20
Committee: IMCO
Amendment 596 #
Proposal for a regulation
Article 9 – paragraph 3
3. By drawing up the declaration of performance, the manufacturer assumes responsibility for the conformity of the product with such declared performance and becomes liable in accordance with Union and national laws on contractual and extra-contractual liability, and this even where it did not act negligently. In the absence of objective indications to the contrary, Member States shall presume the declaration of performance drawn up by the manufacturer to be accurate and reliable.
2022/12/20
Committee: IMCO
Amendment 597 #
Proposal for a regulation
Article 10 – paragraph 1 – point a
(a) the product is, otherwise than by 3D-printing or already existing moulds, individually manufactured or custom-made in a non- series process in response to a specific order, and installed in a single identified construction work, by a manufacturer who is also responsible for the safe incorporation of the product into the construction work in compliance with the applicable national rules, and under the supervision of those responsible for the safe execution of the construction works designated under the applicable national rules;
2022/12/20
Committee: IMCO
Amendment 598 #
Proposal for a regulation
Article 10 – paragraph 1 – point b
(b) the product is otherwise than by 3D-printing or already existing moulds manufactured on the construction site, in a non-series process for its incorporation in the respective construction work in compliance with the applicable national rules and under the supervision of those responsible for the safe execution of the construction works designated under the applicable national rules; or
2022/12/20
Committee: IMCO
Amendment 599 #
Proposal for a regulation
Article 10 – paragraph 3
3. A Member State may exempt from Article 9(1) parts of construction works other than products that are prepared for re-use or remanufactured provided that the part does not to circulate outside the territory of that Member State.deleted
2022/12/20
Committee: IMCO
Amendment 612 #
Proposal for a regulation
Article 12 – paragraph 2
2. Where there is no declaration of performance available for a used product issued by the initial manufacturer or another economic operator pursuant to this Regulation or Regulation (EU) 305/2011, an economic operator may issue a new declaration of performance without undergoing a full procedure in accordance with this Regulation where it limits the intended use to decoration”ve purposes. Where the economic operator has used this derogation, the declaration of performance shall be labelled “declaration of performance for used product with decorative purposes”.
2022/12/20
Committee: IMCO
Amendment 619 #
Proposal for a regulation
Article 13 – paragraph 3
3. By the declaration of conformity, the manufacturer assumes responsibility for the conformity of the product with the product requirements and becomes liable in accordance with national laws on contractual and extra-contractual liability, and this even where it did not act negligently. In case of non-compliance or absence of a declaration of conformity, the product may not be made available on the market. In the absence of objective indications to the contrary, Member States shall presume the declaration of conformity drawn up by the manufacturer to be accurate and reliable.
2022/12/20
Committee: IMCO
Amendment 627 #
Proposal for a regulation
Article 15 – paragraph 3
3. Declarations may contain permalinks to unamendable environmental product declarations or other unamendable documents containing the requested information if those documents follow the order and structure of the declarations or if a correlation table linking the order of the declarations to the order of these documents is provided together with the permalinkdocuments containing the requested information.
2022/12/20
Committee: IMCO
Amendment 643 #
Proposal for a regulation
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 or a declaration of performance and conformity in accordance with Articles 9 and 11 to 14. The CE marking shall be affixed to key parts. The CE marking may not be affixed to parts which are not key parts.
2022/12/20
Committee: IMCO
Amendment 649 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1 – point d
(d) the unique identification code of the product-type, the permalink to the manufacturer’s products registration(s) in Union databases and the precise location therein where the product can be found;
2022/12/20
Committee: IMCO
Amendment 651 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1 – point g
(g) the identification number of the notified body, if applicable.deleted
2022/12/20
Committee: IMCO
Amendment 653 #
Proposal for a regulation
Article 17 – paragraph 3
3. The CE marking shall be affixed before the product is placed on the market or directly installed into a construction work. It may be subsequently followed by a pictogram or any other mark indicating a special risk or use.
2022/12/20
Committee: IMCO
Amendment 659 #
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Markings other than the CE marking, including private ones, may contain additional information that could help users to make an informed choice on which product would be best suited for the needs of their construction work
2022/12/20
Committee: IMCO
Amendment 661 #
Proposal for a regulation
Article 18 – paragraph 2
No oOther marking than marking set out by Union legislation may be affixed on a product in a distance smaller than the double length of the CE marking measured from any poas long as it does not impair the visibility, legibility and meanintg of the CE and the other marking set out by Union lawmarking.
2022/12/20
Committee: IMCO
Amendment 664 #
Proposal for a regulation
Article 19 – paragraph 2
2. Where diverging statements of non-compliance of an economic operator or of a product and requests for corrective action emanate from authorities of different Member States, an economic operator shall take differentiated measures, subject to where the products are intended to be made available on the market or directly installed. Where this is not possible or where a more severe measure imposed by one Member State encompasses the less severe measure imposed by another, the more severe measure shall be taken. Where these rules do not lead to a clear result, the Member States concerned and the Commission, and, on their request, other Member States shall try to find a common solution and, if need is, adopt an implementing act in accordance with Article 33.deleted
2022/12/20
Committee: IMCO
Amendment 666 #
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 1 – point c
(c) who is involved in financial and other collateral services linked to the making available or direct installation of products.deleted
2022/12/20
Committee: IMCO
Amendment 671 #
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 2 – point iii
(iii) email addresses, and websites and social media profiles, if any, of these operators;
2022/12/20
Committee: IMCO
Amendment 672 #
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 2 – point v
(v) bank accounts of these operators; andeleted
2022/12/20
Committee: IMCO
Amendment 678 #
Proposal for a regulation
Article 21 – paragraph 1
1. The manufacturer shall determine the product type, respecting the boundaries set up therefore by the definition provided in Article 3 point (31). The product type shall be processed in accordance with the applicable assessment and verification system set out in Annex V. The manufacturer shall draw up a declaration of performance and a declaration of conformity in accordance with Articles 9 and Articles 11 to 15 and affix the CE marking in accordance with Articles 16 and 17.
2022/12/20
Committee: IMCO
Amendment 679 #
Proposal for a regulation
Article 21 – paragraph 2
2. The manufacturer shall refrain from any claim about the characteristics of a product that is not based on: (a) the assessment method contained in a harmonised technical specification where the relevant characteristic is covered by such; or (b) where no such assessment method exists, an assessment method which represents the most effective and advanced method to achieve an accurate assessment.deleted
2022/12/20
Committee: IMCO
Amendment 682 #
Proposal for a regulation
Article 21 – paragraph 3 – subparagraph 1
The manufacturer shall, as the basis for the declarations referred to in paragraph 1, draw up a technical documentation describing the intended use including the precise conditions for use and all the elements necessary to demonstrate performance and conformity.
2022/12/20
Committee: IMCO
Amendment 683 #
Proposal for a regulation
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.
2022/12/20
Committee: IMCO
Amendment 684 #
Proposal for a regulation
Article 21 – paragraph 5 – subparagraph 1
The manufacturer shall ensure that its product bear a manufacturer-specific type number and, a batch or serial number or any other element allowing their identification. If this is impossible, the required information shall be provided on the packaging, on an affixed tag or, as last resort, in a document accompanying the product.
2022/12/20
Committee: IMCO
Amendment 687 #
Proposal for a regulation
Article 21 – paragraph 5 – subparagraph 2
The manufacturer shallmay in the same way as set out in the first subparagraph label a product as “Only fFor professional use” if it is not intended for consumers or other non-professional usersappropriate to have some kind of expertise in order to use the product. Products not labelled “Only fFor professional use” shall be deemed to be also intended for non- professional users and consumers in the meaning of this Regulation and the Regulation (EU) … [Regulation on General Product Safety].
2022/12/20
Committee: IMCO
Amendment 692 #
Proposal for a regulation
Article 21 – paragraph 9
9. Where the product presents a risk or is likely to present a risk, the manufacturer shall within two working days thereof inform, the manufacturer shall inform without undue delay the authorised representative, importers, distributors, fulfilment service providers, and online market places involved in the distribution, as well as the competent national authorities of the Member States in which the manufacturer or – to its knowledge – other economic operators made the product available. The manufacturer shall, to that effect, provide all useful details and, in particular, specify the type of the non- compliance, the frequency of accidents or incidents and the corrective measures taken or recommended. In case of risks caused by products which have already reached the final user or consumer, the manufacturer shall also alert the media andat cannot be identified or contacted directly. The manufacturer shall through media and other appropriate channels, ensuring the widest possible reach, disseminate the inform themation about appropriate measures to eliminate or, if not possible, to reduce the risks. In case of a “serious risk” in the meaning of Article 3, point (71) the manufacturer shall withdraw and recall the product at their own cost.
2022/12/20
Committee: IMCO
Amendment 695 #
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – point c
(c) respect the minimum recycled content obligations and other limit values regarding aspects of environmental, including climate sustainability contained in harmonised technical specifications; sustainability as assessed per each product category. Minimum recycled content obligations should be set by the European Commission after consulting with industry stakeholder
2022/12/20
Committee: IMCO
Amendment 697 #
Proposal for a regulation
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 “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).deleted
2022/12/20
Committee: IMCO
Amendment 698 #
Proposal for a regulation
Article 22 – paragraph 6
6. The manufacturer shall affix the traffic light label in the way set out in the delegated acts adopted in accordance with paragraph 5.deleted
2022/12/20
Committee: IMCO
Amendment 702 #
Proposal for a regulation
Article 23 – paragraph 2
2. Authorised representatives shall act with due care in relation to the obligations of this Regulation. They shall be liable for gross negligence or conscious infringement of this Article and of Article 19 in accordance with national law on contractual and extra-contractual liability.
2022/12/20
Committee: IMCO
Amendment 703 #
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 1 – point c
(c) terminate the contract, when deemed appropriate, where the manufacturer infringes this Regulation and inform thereof the competent national authorities of the Member States where the product is placed on the market and the national competent authority of his own place of business;
2022/12/20
Committee: IMCO
Amendment 704 #
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 1 – point d
(d) when having reason to believe that a product in question is non-compliant or presents a risk, inform the manufacturer and the national competent authorities of the Member States where the product is placed on the market and the national competent authority of his own place of business thereof; and
2022/12/20
Committee: IMCO
Amendment 705 #
Proposal for a regulation
Article 23 – paragraph 5
5. Where an authorised representative considers that there iidentifies a non-compliance mentioned in the paragraph 4, the authorised representative shall ask the manufacturer to remedy the non- compliances. The manufacturer shall thereon stop the placing on the market and ask other economic operators involved in the distribution to stop their commercial activities, until the authorised representative regards the infringements as remedied. Where the non-compliances are not remedied within one month whilst products possibly continue to be made available on the market, the authorised representative shall be allowed to terminate his contract with the manufacturer and thereof inform the national competent authorities of the Member States where the products are placed on the market and the national competent authority of his own place of business. The latter shall coordinate joint actions of all competent authorities, unless the national competent authorities agree on another national competent authority to coordinatenon-compliance is remedied.
2022/12/20
Committee: IMCO
Amendment 706 #
Proposal for a regulation
Article 24 – paragraph 4
4. After having assembled all available product information from the manufacturer and the de-installer, the importer shall in particular scrutinise used and remanufactured products, namely with regard to damages or indications for loss of performance or non-compliance and changed mechanical or chemical properties, and assess all risks; when necessary to ensure safety or the protection of the environment, the importer shall reduce the intended use or refrain from selling. This obligation shall also apply to used and remanufactured products for which no declaration of performance is mandatory.deleted
2022/12/20
Committee: IMCO
Amendment 708 #
Proposal for a regulation
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.
2022/12/20
Committee: IMCO
Amendment 710 #
Proposal for a regulation
Article 25 – paragraph 2
2. When making a product available on the market, the distributors shall verify at a documentary level that the manufacturer and the importer have complied with the requirements set out in Article 21(1), (5) and (6) and where applicable in Article 22(2), points (f) and (i) and shall fulfil the obligations incumbent on importers in accordance with Article 24(13) to (5) whilst references to “placing on the market” shall be understood as “further making available on the market”.
2022/12/20
Committee: IMCO
Amendment 712 #
Proposal for a regulation
Article 25 – paragraph 3
3. The distributor 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.deleted
2022/12/20
Committee: IMCO
Amendment 717 #
Proposal for a regulation
Article 27 – paragraph 1
1. When contributing to the making available on the market or direct installation of a product, fulfilment service provider or broker shall act with due care in relation to the obligations of this Regulation. It shall be liable for infringement of this Article and of Article 19 in accordance with national law on contractual and extra-contractual liability.
2022/12/20
Committee: IMCO
Amendment 718 #
Proposal for a regulation
Article 28
providers and of providers of moulds, of 3D-printing datasets, and of 3D-printing 1. A 3D-printing service provider shall: (a) refrain from placing on the market or directly installing products for clients without satisfying the obligations incumbent on manufacturers; (b) inform its clients that they may use 3D-printing services only for the fabrication of products for their own use, unless satisfying the obligations incumbent on manufacturers; (c) inform its clients that the 3D-datasets and the materials to be used shall have undergone the procedures applicable to products under this Regulation; and (d) inform its clients that both the information provided by the manufacturer of the 3D-dataset and the information provided by the manufacturer of the printing material shall coincide and confirm the usability of the material for that type of 3D-dataset and the given 3D- printing technology. 2. Providers of moulds and of 3D-datasets intended to produce items covered by this Regulation shall produce 10 such items and shall make them available to the notified body, technical assessment body and to authorities on request. Providers of moulds and of 3D-datasets intended to produce items covered by this Regulation shall assess and document the fulfilment of requirements of this Regulation with regard to the produced items. 3. Providers of materials intended to be used for the 3D-printing of items covered by this Regulation on or close to the construction site shall produce 10 such items for each intended use and shall make them available to the notified body, technical assessment body and to authorities on request. Providers of materials intended to be used for the 3D- printing of items covered by this Regulation on or close to the construction site shall assess and document the fulfilment of requirements of this Regulation with regard to the produced items.Article 28 deleted Obligations of 3D-printing service materials
2022/12/20
Committee: IMCO
Amendment 719 #
Proposal for a regulation
Article 29
Obligations of economic operators de- installing or dealing with used products 1. An economic operator de-installing used products for re-use or re- manufacturing shall establish protocols on the place, conditions and presumed length of use of the de-installed product and make them available together with the products, regardless whether it exert its activity on its own behalf or for somebody else. The economic operator shall also make the protocols available on request to authorities, to later users of these products and to owners of the construction works in which they were re- installed. 2. Where an economic operator brokers, sells or otherwise makes available de- installed used products on its own behalf or for somebody else, it shall also fulfil the obligations of importers or distributors with regard to used products.Article 29 deleted for re-use or remanufacturing
2022/12/20
Committee: IMCO
Amendment 722 #
Proposal for a regulation
Article 30
Obligations of suppliers and service providers involved in the manufacturing 1. A supplier or service provider involved in the manufacturing of products shall: (a) provide to manufacturers, notified bodies and authorities all available information on the environmental sustainability of their supplied component or service; (b) ensure the correctness of such information namely by respecting this Regulation and correct any errors made by communication to all their clients and, if potentially useful, to notified bodies and authorities; (c) permit, in absence of such information, their customers to assess that environmental sustainability on their own expense and support that assessment, namely by giving access to all documents, including those of commercial character, relevant for that assessment; (d) permit notified bodies to verify the correctness of any calculation of the environmental sustainability and support that verification; (e) permit notified bodies to verify the performance and compliance of the supplied component or service and support that verification. 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.Article 30 deleted of products
2022/12/20
Committee: IMCO
Amendment 727 #
Proposal for a regulation
Article 31
Double use and pseudo products 1. A manufacturer of double use products shall satisfy the obligations of this Regulation for all the items of the respective type, unless they are specifically marked as “not for construction”. 2. Other economic operators dealing with double use products shall fulfil the obligations incumbent on them in accordance with this Regulation. In their commercial contracts, they shall establish an obligation of their clients to do the same and not to sell or to use items for construction which are marked as “not for construction”. 3. For items suitable for construction for which the manufacturer has never intended such use and which, therefore, have not been CE-marked (“pseudo products”), other economic operators shall: (a) not acquire or sell them as items being intended for construction without undergoing the procedures set out in this Regulation to be undergone by manufacturers; (b) ensure by presentation that they cannot be understood as being intended for construction; and (c) establish a contractual obligation of their clients to do the same and not to use these items for construction.Article 31 deleted
2022/12/20
Committee: IMCO
Amendment 731 #
Proposal for a regulation
Article 33
Where this is necessary to ensure a harmonised application of this Regulation and only to the extent necessary to prevent diverging practices creating an uneven playing field for economic operators, the Commission may adopt implementing acts providing details on how to execute the obligations and rights of economic operators contained in this Chapter. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).Article 33 deleted Implementing acts on economic operators’ obligations and rights
2022/12/20
Committee: IMCO
Amendment 734 #
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1 – introductory part
Following a request for a European technical assessment by a manufacturer or a group of manufacturers or on initiative of the Commission, a European assessment document may be drawn up and adopted by the organisation of technical assessment bodies (‘TABs’) in agreement with the Commission for any kind or category of products product not covered by:
2022/12/20
Committee: IMCO
Amendment 745 #
Proposal for a regulation
Article 40 – paragraph 1 – point a
(a) a description of the kind or category of products product covered; and
2022/12/20
Committee: IMCO
Amendment 747 #
Proposal for a regulation
Article 40 – paragraph 1 – point b
(b) the list of essential characteristics, relevant for the intended use of the kind or category of products product as set out by the manufacturer and agreed between the manufacturer and the organisation of TABs, and the methods and criteria for assessing the performance of the product in relation to those essential characteristics.
2022/12/20
Committee: IMCO
Amendment 749 #
Proposal for a regulation
Article 40 – paragraph 2
2. Principles for the applicable factory production control to be applied shall be set out in the European assessment document, taking into account the conditions of the manufacturing process of the kind or category of products product concerned.
2022/12/20
Committee: IMCO
Amendment 750 #
Proposal for a regulation
Article 40 – paragraph 3
3. Where the performance of some of certain essential characteristics of the kind or category of products product can appropriately be assessed with methods and criteria established in harmonised technical specifications or European assessment documents, those existing methods and criteria shall be incorporated as parts of the European assessment document, unless there are good reasons to deviate from this rule.
2022/12/20
Committee: IMCO
Amendment 775 #
Proposal for a regulation
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 voluntary Union construction products database or system where information related to showing compliance with this regulation can be stored or linked to. This initiative should that builds to the extent possible on the Digital Product Passport established by Regulation (EU) ... [Regulation on ecodesign for sustainable products] in order to avoid overlaps with other EU legislation and to ensure interoperability with already existing requirements.
2022/12/20
Committee: IMCO
Amendment 792 #
Proposal for a regulation
Article 79 – paragraph 1
1. Member States shall support economic operators by product contact points for construction. Member States shall designate and maintain at least one product contact point for construction on their territory and shall ensure that their product contact points for construction have sufficient powers and adequate resources for the proper performance of their tasks and at any rate at least one full- time equivalence per Member State and one additional full-time equivalence per each ten millions of inhabitants. They shall ensure that product contact points for construction deliver their services in accordance with Regulation (EU) 2018/172449 and that they coordinate with the contact points for mutual recognition established by Article 9(1) of Regulation (EU) No 2019/51550 . _________________ 49 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012; OJ L 295, 21.11.2018, p. 1–38. 50 Regulation (EU) 2019/515 of the European Parliament and of the Council of 19 March 2019 on the mutual recognition of goods lawfully marketed in another Member State and repealing Regulation (EC) No 764/2008; OJ L 91, 29.3.2019, p. 1–18.
2022/12/20
Committee: IMCO
Amendment 794 #
Proposal for a regulation
Article 82 – paragraph 1 – introductory part
1. The Commission after consultation with the Member states may cooperate, including through the exchange of information, with third countries or international organisations in the field of application of this Regulation, such as:
2022/12/20
Committee: IMCO
Amendment 797 #
Proposal for a regulation
Article 83
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-labelling” in accordance with Article 22(5), those incentives shall aim at the highest two populated classes / colour codes, or at higher classes / better colour codes. Where a delegated act defines classes of performance in relation to more than one sustainability parameter, it shall be indicated therein in relation to which parameter this Article should be implemented. 2. Where no delegated act is adopted pursuant to Article 4(4), the Commission may specify in the delegated acts adopted pursuant to Article 4(3), which levels of performance related to product parameters theArticle 83 deleted Member States incentives shall concern. When doing so, the Commission shall take into account the following criteria: (a) the relative affordability of the products depending on their level of performance; (b) the need to ensure sufficient demand for more environmentally sustainable products.
2022/12/20
Committee: IMCO
Amendment 804 #
Proposal for a regulation
Article 84
1. The Commission is empowered to supplement this Regulation by delegated acts according to Article 87 by establishing sustainability requirements applicable to public contracts, including implementation, monitoring and reporting of those requirements by Member States. 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, may take the form of mandatory technical specifications, selection criteria, award criteria, contract performance clauses, or targets, as appropriate. 3. When establishing requirements pursuant to paragraph 1 for public contracts, the Commission shall take into account the following criteria: (a) the value and volume of public contracts awarded for that given product family or category or for the services or works using the given product family or category; (b) the need to ensure sufficient demand for more environmentally sustainable products; (c) the economic feasibility for contracting authorities or contracting entities to buy more environmentally sustainable products, without entailing disproportionate costs.Article 84 deleted Green public procurement
2022/12/20
Committee: IMCO
Amendment 833 #
Proposal for a regulation
Article 88 – paragraph 1
1. The Commission shall be assistguided by the Committee on Construction Products. This committee shall be a committee within the meaning of Regulation (EU) No 182/2011. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply (advisory procedure).
2022/12/20
Committee: IMCO
Amendment 839 #
Proposal for a regulation
Article 90 – paragraph 4
4. The Commission is empowered to supplement this Regulation by delegated act adopted in accordance with Article 87 in order to establish proportionate minimum penalties, targeting all economic operators, TABs and notified bodies directly or indirectly involved in the infringement of obligations of this Regulation.deleted
2022/12/20
Committee: IMCO
Amendment 849 #
Proposal for a regulation
Article 92 – paragraph 1
Regulation (EU) 305/2011 is repealed with effect from 1 January 2045.10 years after entry into force of this Regulation
2022/12/20
Committee: IMCO
Amendment 858 #
Proposal for a regulation
Article 93 a (new)
Article 93 a Prioritisation and planning 1. The Commission shall adopt by six months after entry into force of the Regulation and regularly update a working plan, covering a period of at least 3 years, setting out a list of product families or categories it intends to establish obligations and the necessary standardisation requests to be adopted in accordance with this Regulation. In the development of the working plan, the Commission shall consult the Member States, the European Parliament and the European Standardisation Organisations. 2. The Commission shall once a year report to the Member States and the European Parliament about the progress in implementing the working plan including the standardisation requests issued.
2022/12/20
Committee: IMCO
Amendment 861 #
Proposal for a regulation
Annex I – Part A – point 1 – paragraph 4
The intended life span related to basic requirements for construction works shall take into account the likely impacts of the changing climate.deleted
2022/12/20
Committee: IMCO
Amendment 903 #
Proposal for a regulation
Annex I – Part D – point 1 – introductory part
1. PWhere the information is not already provided with the declaration of performance, products shall be accompanied by the following information:
2022/12/20
Committee: IMCO