Activities of Ondřej KNOTEK 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 (18)
Amendment 94 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to contribute to the objectives of the European Green Deal and the Circular Economy Action Plan, and to ensure safe construction products, safety being one of the goals to be pursued in the legislation based on Article 114 of the Treaty on the Functioning of the European Union (TFEU), inherent product requirements related to safety, functionality and protection of environment, including climate, are necessary. When setting these requirements, the Commission should take into account their potential contribution to achieving Union climate, environmental and energy efficiency objectives. These requirements do not merely relate to the performance of construction products. Contrary to its predecessor Directive 89/106/EC, Regulation (EU) No. 305/2011 does not provide for the possibility to establish such inherent product requirements. However, certain harmonised standards for construction products contain such inherent product requirements which can relate to environment, to safety or simply to the good functioning of the product. These standards demonstrate that there is a practical need for such requirements on safety, the environment or simply the functioning of products. Article 114 TFEU as the legal base of this Regulation also imposes the pursuit of a high level of protection of the environment, health and human safety. Thus, this Regulation should (re-)introduce or validate inherent product requirements. Whilst these requirements need to be laid down by the legislator, there is a need for specifying them for the more than 30 product families, each with several categories. Hence, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to specify the requirements for the respective construction product family or category. The European Commission shall consult European standardisation organisations and relevant stakeholders prior the adoption of the delegated acts.
Amendment 98 #
Proposal for a regulation
Recital 28
Recital 28
(28) In particular, in the case of energy- related products included in ecodesign working plans which are also construction products and for intermediary products, with the exception of cement, priority for the setting of sustainability requirements will be given to the [ESPR] with the exception for cement for which such requirements shall be defined by this Regulation. This should be the case for instance for heaters, boilers, heat pumps, water and space heating appliances, fans, cooling and ventilating systems and photovoltaic products, excluding building- integrated photovoltaic panels. This Regulation may still intervene in a complementary manner where needed, mainly in relation to safety aspects also taking account of other Union legislation on products such as on gas appliances, low voltage, and machinery. For other products, in order to avoid unnecessary burden for economic operators, the need may arise in future to determine the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations under this Regulation. The power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to determine such conditions.
Amendment 108 #
Proposal for a regulation
Recital 47
Recital 47
Amendment 120 #
Proposal for a regulation
Article 2 – paragraph 3 – point d
Article 2 – paragraph 3 – point d
Amendment 150 #
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1 (new)
Article 4 – paragraph 3 – subparagraph 1 (new)
The Commission shall consult European standardisation organisations and relevant stakeholders prior to the adoption of the delegated acts referred to paragraph 3.
Amendment 219 #
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
Amendment 223 #
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
Amendment 240 #
Proposal for a regulation
Article 83 – paragraph 1 – subparagraph 1
Article 83 – paragraph 1 – subparagraph 1
Where Member States provide incentives for a product category covered by a delegated act establishing performance classes in accordance with Article 4(4), point (a) or a “traffic-light-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.
Amendment 290 #
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 defined in point (a) to (j):
Amendment 294 #
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);
Amendment 320 #
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point k
Annex I – Part A – point 2 – paragraph 2 – point k
Amendment 322 #
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point l
Annex I – Part A – point 2 – paragraph 2 – point l
Amendment 324 #
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point m
Annex I – Part A – point 2 – paragraph 2 – point m
Amendment 326 #
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point n
Annex I – Part A – point 2 – paragraph 2 – point n
Amendment 328 #
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point o
Annex I – Part A – point 2 – paragraph 2 – point o
Amendment 329 #
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point p
Annex I – Part A – point 2 – paragraph 2 – point p
Amendment 333 #
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 effectss defined under points (a) to (j) it is mandatory for the manufacturer to declare the performance of the product as set out in Articles 11(2) and 22(1).
Amendment 337 #
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 4 a (new)
Annex I – Part A – point 2 – paragraph 4 a (new)
Harmonised technical specifications may include the following characteristics related to life-cycle assessment defined by point (a) to (f): (a) particulate matter; (b) ionizing radiation, human health; (c) eco-toxicity, freshwater; (d) human toxicity, cancer; (e) human toxicity, non-cancer; (f) land use related impacts.