BETA

Activities of Ivan DAVID related to 2022/0094(COD)

Shadow opinions (1)

2023/05/15
Committee: ITRE
Dossiers: 2022/0094(COD)
Documents: PDF(307 KB) DOC(217 KB)
Authors: [{'name': 'Pascal ARIMONT', 'mepid': 24922}]

Amendments (46)

Proposal for a regulation
Recital 19

(19) Where harmonised standards lay down the rules for the assessment of performances with regard to essential characteristics relevant for the construction codes of Member States, harmonised standards should be rendered mandatory for purpose of application of this Regulation, as only such standards reach the goal of permitting the free circulation of products, whilst ensuring the Member States’ ability to request safety and environmental, including climate-related, product characteristics in view of their specific national situation. When pursued together, these two goals require that products are assessed by a single assessment method, therefore the method needs to be mandatory. However, voluntary standards can be used to make product requirements, specified for the relevant product family or category by Delegated Acts, even more concrete, following the path of Decision 768/2008 of the European Parliament and of the Council. In line with Decision 768/2008, those standards should be able to provide a presumption of conformity with the requirements covered by them.

2022/12/09
Committee: ITRE

Proposal for a regulation
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 t~~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.

2022/12/09
Committee: ITRE

Proposal for a regulation
Recital 27

(27) Moreover, in order to avoid diverging practices of Member States and economic operators, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to determine whether certain construction products fall within the definition of construction product.deleted

2022/12/09
Committee: ITRE

Proposal for a regulation
Recital 45

(45) To deliver safe, functional and environmentally sustainable construction products, it is necessary to establish comprehensive sustainability and safety obligations for manufacturers. Given the importance of these obligations and achieving the right balance between the functionality, safety and sustainability, the Commission should be empowered to determine the conditions by delegated acts under which, for a specific product family or category, these obligations are fulfilled or presumed to be fulfilled.deleted

2022/12/09
Committee: ITRE

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

2022/12/09
Committee: ITRE

Proposal for a regulation
Recital 60

(60) In order to ensure a timely citation of references of construction products standards in the Official Journal of the European Union, the European Commission should be empowered to limit in scope or overrule deficient standards for purposes of legal effects under this Regulation by delegating acts instead of refusing to cite their references in the Official Journal.deleted

2022/12/09
Committee: ITRE

Proposal for a regulation
Recital 78

(78) To ensure effective enforcement of the requirements and to strengthen market surveillance in Member States, as well as to ensure alignment with the Ecodesign for Sustainable Products Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to lay down a minimum number of checks to be performed by the market surveillance authorities on specific product group or family or in relation to specific requirements and to establish minimum resources requirements.deleted

2022/12/09
Committee: ITRE

(84) The centralised registration of product information increases transparency to the benefit of safety of products and the protection of the environment and human health while also reducing administrative burden and costs for economic operators. Accordingly, the power to adopt acts in accordance with Article 291 TFEU should be delegated to the Commission to establish a centralised Union construction products database or system. At this point in time it is not possible to assess the advantages and disadvantages of possible solutions, the Commission should thus be empowered to pursue any of these paths, as appropriate.deleted

2022/12/09
Committee: ITRE

Proposal for a regulation
Recital 92

(92) In order to take into account technical progress and knowledge of new scientific evidence, ensure proper functioning of the internal market, facilitate access to the information and ensure homogeneous implementation of rules, the ~~power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Un~~European Standardisation Organisations should be ~~delegated to the Commission in respect of~~responsible for establishing and amending product specific technical provisions and requirements; defining the applicable assessment and verification systems; The Construction Products Regulation should define the applicable assessment and verification systems; determininge the conditions under which obligations under other Union law fulfil certain obligations of this Regulation; amending the declaration of performance and declaration of conformity model; establishing additional obligations to manufacturers; revis~~ing~~e and supplement~~ing~~ procedural rules for the development of European assessment documents; establishing minimum requirements to market surveillance authorities; ~~setting up a Union construction products database or system;~~ establish~~ing~~ green public procurement requirements and defining minimum penalties. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making41 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 41 OJ L 123, 12.5.2016, p. 1.

2022/12/09
Committee: ITRE

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 is 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 works;

2022/12/09
Committee: ITRE

Proposal for a regulation
Article 3 – paragraph 1 – point 28 a (new)

(28 a) ‘re-use’ means any operation by which products or components that are not waste are used again for any structural purpose, as set out in Article 3(13) of Directive 2008/98/EC;

2022/12/09
Committee: ITRE

Proposal for a regulation
Article 3 – paragraph 1 – point 45

(45) ‘permalink’ means an internet link to a website which is stable both for its content and the address (“URL”) for a period of 10 years after the construction product has been placed on the market;

2022/12/09
Committee: ITRE

Proposal for a regulation
Article 3 – paragraph 1 – point 46

(46) ‘harmonised technical specifications’ means construction products standards established in accordance with Article 4(2) the reference of which has been published in the Official Journal in accordance with Article 34 and thereby were rendered mandatory for purposes of application of this Regulation~~, and delegated acts adopted in accordance with Article 4(3) and (4), Article 5(2), or Article 22(4) that contain technical prescriptions;~~

2022/12/09
Committee: ITRE

Proposal for a regulation
Article 4 – paragraph 3 – introductory part

3. By way of derogation from paragraph 2 and in order to cover the regulatory needs of Member States and to pursue the goals of Article 114 of the Treaty on the Functioning of the European Union, the Commission is empowered to supplement this Regulation by means of delegated acts in accordance with Article 87, byThis Regulation shall be supported by harmonised standards developed by the European Standardisation Organisations which will establish~~ing,~~ for particular product families and categories, voluntary or mandatory essential characteristics and their assessment methods in any of the following cases:

2022/12/09
Committee: ITRE

Proposal for a regulation
Article 4 – paragraph 4 – introductory part

4. In order to cover the regulatory needs of Member States and to pursue the environmental, safety and harmonisation goals of Article 114 of the Treaty on the Functioning of the European Union, the ~~Commission is empowered to supplement this Regulation, by means of delegated acts in accordance with Article 87, by determining,~~following shall be determined by harmonised standards through the standardisation process for particular product families and categories~~, the following:~~.

2022/12/09
Committee: ITRE

Proposal for a regulation
Article 4 – paragraph 5

5. ~~The Commission is empowered to amend Annex I Part A by means of delegated acts in accordance with Article 87~~Annex I Part A can be amended through the ordinary legislative procedure in order to adapt it to technical progress and to cover new risks and environmental aspects.

2022/12/09
Committee: ITRE

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 may 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.deleted

2022/12/09
Committee: ITRE

~~3. The Commission is empowered to amend Annex I Part B, C and D by means of~~ delegated ~~acts in accordance with Article 87 in order to adapt it to technical progress and in particular to cover new risks and environmental aspects.~~

2022/12/09
Committee: ITRE

Proposal for a regulation
Article 6

Assessment and verification systems and their product specific modalities 1. In order to apply a tailor-made approach and to minimise the potential burden on manufacturers whilst ensuring a high level of protection of health, safety and the environment, the Commission is empowered to supplement this Regulation by means of delegated acts in accordance with Article 87, by determining for each product family or category the applicable assessment and verification system among those set out in Annex V. It may also determine different assessment and verification systems to the same product family or category when differentiating by essential characteristic or product requirement. 2. In order to facilitate and to harmonise the application of the requirements or obligations contained in Annex V, the Commission is empowered to supplement this Regulation, by means of delegated acts in accordance with Article 87, by specifying these requirements and obligations for a given product family or category 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.rticle 6 deleted

2022/12/09
Committee: ITRE

Proposal for a regulation
Article 11 – paragraph 2

2. The declaration of performance shall be drawn up using the model set out in Annex II without the section relating to conformity. The declaration of performance shall at least cover the performance with regard to the mandatory essential characteristics listed in Annex I Part A Point 2, the essential characteristics mandatory by virtue of harmonised technical specifications ~~or delegated acts adopted in accordance with Article 4(3), and the assessment of environmental sustainability referred to in Article 22(1)~~.

2022/12/09
Committee: ITRE

Proposal for a regulation
Article 11 – paragraph 3

3. The Commission is empowered to amend the model set out in Annex II by delegated acts adopted in accordance with Article 87 to permit the inclusion of further information in order to allow economic operators to cover new information needs.deleted

2022/12/09
Committee: ITRE

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~~shall issue a new declaration of performance ~~without~~and undergo~~ing~~ a full procedure in accordance with this Regulation ~~where it limits the intended use to “decoration”. Where the economic operator has used this derogation, t~~. The declaration of performance shall be labelled “declaration of performance for used product”.

2022/12/09
Committee: ITRE

Proposal for a regulation
Article 13 – paragraph 1 – point a

(a) verify the product’s compliance with the product requirements of Annex I Part B and C ~~to the extent that they have been specified by delegated acts in accordance with Article 5(2),~~ and with the product requirements of Annex I Part D;

2022/12/09
Committee: ITRE

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.

2022/12/09
Committee: ITRE

Proposal for a regulation
Article 22 – paragraph 1

1. For the product characteristics specified in Annex I Part A Point 2, the manufacturer shall assess the environmental characteristics of the product in accordance with harmonised technical specifications ~~or with Commission acts adopted under this Regulation~~ and use, once available, the latest version of the software made freely available on the website of the European Commission. However, this shall not apply in case of used, remanufactured or surplus products, unless the economic operator, subject to the obligations of this Article by virtue of Article 26, opts for the application of this Regulation as for new products.

2022/12/09
Committee: ITRE

Proposal for a regulation
Article 22 – paragraph 4

4. In order to specify the obligations set out in paragraph 2, 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 obligations. Alternatively, the Commission may issue standardisation requests which aim at the elaboration of harmonised standards providing presumption of conformity with the obligations of paragraph 2 for a specific product family or category. The obligations contained in paragraph 2 shall not apply before such a ~~delegated act or a~~ harmonised standard has become applicable.

2022/12/09
Committee: ITRE

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

2022/12/09
Committee: ITRE

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

2022/12/09
Committee: ITRE

Proposal for a regulation
Article 34 – paragraph 4

4. The Commission shall assess the conformity of construction products standards established by the European standardisation organisations with the relevant standardisation requests, with this Regulation and with other Union law. The Commission shall publish or publish with restrictions in the Official Journal of the European Union the list of references of accepted conforming construction products standards that have been made available at an affordable price. Where a reference to a standard cannot be published otherwise in the Official Journal, the Commission is empowered to supplement this Regulation by delegated acts adopted in accordance with Article 86 to modify the respective standards for purposes of legal effects under this Regulation.

2022/12/09
Committee: ITRE

Proposal for a regulation
Article 64 – paragraph 1 – point a

(a) for one or several essential characteristics of the product, which the manufacturer places on the market, that product is deemed to achieve a certain level or class of performance without testing or calculation, or without further testing or calculation, in accordance with the conditions set out to that end in the relevant harmonised technical specification ~~or a Commission act~~; or

2022/12/09
Committee: ITRE

Proposal for a regulation
Article 68 – paragraph 1

1. The Commission shall set up a system allowing any natural or legal person ~~to share complaints or reports related to possibl~~demonstrably affected by the non- compliance~~s with~~ of this Regulation to share complaints or reports.

2022/12/09
Committee: ITRE

Proposal for a regulation
Article 68 – paragraph 2

2. Where the Commission consider a complaint or report relevant and substantiated based on clearly defined relevance criteria, it shall assign it to a market surveillance authority for it to follow-up with the relevant natural or legal person in accordance with Article 11(7), point (a) of Regulation (EU) 2019/1020.

2022/12/09
Committee: ITRE

Proposal for a regulation
Article 72

Complying products which nevertheless 1. Where, having performed an evaluation pursuant to Article 70(1), a market surveillance authority Member State finds that, although certain products are in compliance with this Regulation, they present a risk for the fulfilment of the basic requirements for construction works, to the health or safety of persons, to the environment or to other aspects of public interest protection, it shall require the relevant economic operators to take all appropriate measures to ensure that the products concerned, when placed on the market, no longer present that risk, to withdraw the products from the market or to recall them within a reasonable period, commensurate with the nature of the risk, which it may prescribe. 2. The economic operator shall ensure that any corrective action is taken in respect of all the products concerned which that economic operator has made available on the market throughout the Union. 3. The market surveillance authority shall, via the national competent authority, immediately inform the Commission and the other Member States. That information shall include all available details, in particular the data necessary for the identification of the product concerned, the origin and the supply chain of the product, the nature of the risk involved and the nature and duration of the national measures taken. 4. The Commission shall without delay enter into consultation with the Member States and the relevant economic operators and shall evaluate the national measures taken. On the basis of the results of that evaluation, the Commission shall decide by implementing act whether the measure is justified or not and, where necessary, propose appropriate measures. 5. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 88(1). 6. The Commission shall address its decision to all Member States and shall immediately communicate it to them and to the relevant economic operators.Article 72 deleted present a risk

2022/12/09
Committee: ITRE

Proposal for a regulation
Article 73 – paragraph 1

1. The Commission is empowered to ~~adopt delegated acts in accordance with Article 87 supplementing this Regulation by laying dow~~request the European Standardisation Organisations to supplement the technical standards with provisions: (a) on the minimum number of checks to be performed by the market surveillance authorities ~~of each Member State~~ on specific products covered by harmonised technical specifications or in relation to specific requirements set out in such measures in order to ensure checks are performed on a scale adequate to safeguard the effective enforcement of this Regulation~~. The delegated acts may, where relevant,~~; (b) specifying the nature of the checks required and methods to be used.

2022/12/09
Committee: ITRE

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 Union construction products database or system that builds to the extent possible on the Digital Product Passport established by Regulation (EU) ... [Regulation on ecodesign for sustainable products].deleted

2022/12/09
Committee: ITRE

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.

2022/12/09
Committee: ITRE

Proposal for a regulation
Article 85

Upon a duly substantiated request of a Member State or on its own initiative, the Commission may, by means of implementing acts, determine whether or not a specific item, or category of items, falls within the definition of ‘construction product’ or constitute an item referred to in Article 2(1). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2) of this Regulation.Article 85 deleted Regulatory status of products

2022/12/09
Committee: ITRE

Proposal for a regulation
Article 87 – paragraph 2

2. The power to adopt delegated acts referred to in Article ~~4(3), (4) and (5), Article 5(2) and (3), Article 6(1) to (3), Article 8, Article 11(3), Article 22(4) and (5)~~8, Article 35(4), Article 44(1), Article 73~~(1) and~~ (2), Article 78(1), Article 84(1) and Article 90(4) shall be conferred on the Commission for a period of five years from … [the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

2022/12/09
Committee: ITRE

Proposal for a regulation
Article 87 – paragraph 3

3. Before adopting a delegated act, the Commission shall con~~sult experts designated by each Member State~~duct a thorough assessment of impacts and consultation of stakeholders, in line with Better Regulation guidelines in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making 52 ~~. _________________ 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~~.

2022/12/09
Committee: ITRE

Proposal for a regulation
Article 92 – paragraph 1

Regulation (EU) 305/2011 is repealed with effect from 1 January 204528.

2022/12/09
Committee: ITRE

Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point a

(a) climate change effects ~~(mandatory)~~;

2022/12/09
Committee: ITRE

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).deleted

2022/12/09
Committee: ITRE

Proposal for a regulation
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 removals.~~deleted

2022/12/09
Committee: ITRE

Proposal for a regulation
Annex I – Part B

B 1. Products shall be designed and manufactured in such a way that: (a) they fulfil well their intended purpose; (b) the fulfilment of the declared performance is not impaired; (c) the fulfilment of the environmental and safety requirements set out in Part C is not impaired; (d) they work well when being used. 2. The product requirements referred to in point 1 shall be specified in harmonised technical specifications, including by specifying where necessary: (a) the use of specific materials which can be specified also in terms of their chemical composition; (b) specific dimensions and shapes of products or their components; (c) the use of certain components which can be specified also in terms of materials, dimensions and shapes; (d) the use of certain accessories and requirements for them; (e) a specific way of installation; (f) a specific way of maintenance; (g) periodic inspections. 3. Where these product requirements are necessary to ensure the performance with regard to a certain essential characteristic or the compliance with regard to a certain safety or environmental product requirement, this shall be specified in the harmonised technical specifications.deleted

2022/12/09
Committee: ITRE

Proposal for a regulation
Annex I – Part C

~~[...]~~deleted

2022/12/09
Committee: ITRE

Proposal for a regulation
Annex I – Part D

~~[...]~~deleted

2022/12/09
Committee: ITRE