36 Amendments of Lina GÁLVEZ MUÑOZ related to 2022/0094(COD)
Amendment 171 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) There are other ongoing initiatives very relevant for the construction sector and the built environment such as the revision of the Energy Performance of Building Directive (EPBD) and the New European Bauahus innitiative (NEB). The Construction Products Regulation should take into account the objectives set by the EPBD, especially in relation to the design of sustainable and efficient construction products in order to achieve energy efficiency. The NEB should also have a key role improving the quality of construction products from the design to the industrial development through innovation.
Amendment 172 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) Reaching the objectives of the Paris Agreement is at the core of the Commission Communication on “The European Green Deal” of 11 December 2019. The Union committed itself to reduce the Union’seconomy-wide net greenhouse gas emissions by at least 55 % by 2030 below 1990 levels in the updated nationally determined contribution submitted to the UNFCCC Secretariat on 17 December 2020 and as well to a share of at least 45 % of renewable energy [amended RED] and to at least 45 % of energy efficiency savings [amended EED] by 2030.
Amendment 173 #
Proposal for a regulation
Recital 6 b (new)
Recital 6 b (new)
(6 b) Climate change is a challenge that transcends borders and requires immediate and ambitious action. The transition to a climate-neutral economy by 2050 represents a great opportunity as well as a challenge for the Union, its Member States, citizens and business from every sector. To this aim, Cohesion policy is a crucial tool in delivering a fair transition to a climate-neutral economy by leaving no one behind.
Amendment 177 #
Proposal for a regulation
Recital 8
Recital 8
(8) To ensure safety and functionality of construction products and, by extension, of construction works, it is necessary to avoid that items that are not intended by their manufacturers to be construction products are placed on the market as construction products. Importers, distributors and other downstream economic operators should therefore ensure that those pseudo construction products are not sold as construction products. The Commission should establish guidelines for verification and control systems to this aim. Moreover, certain service providers such as fulfilment service providers or 3D-printing service providers should not contribute to the non- compliances of other economic operators. It is therefore necessary to render relevant provisions applicable also to these services and their providers.
Amendment 181 #
(12) Creating a Union market for small prefabricated one-family houses has a potential to reduce the price of housing and to have positive social and economic effects. Fairness to consumers remains a priority, specifically but not limited to ensuring affordability of housing in the context of the green transition, in line with Proposal for Council Recommendation on Ensuring a fair transition towards climate neutrality40 , in particular recommendations 7 a)-c). It is therefore necessary to lay down harmonised rules for such small houses. However, small houses are also construction works, for which the Member States are competent. As it might not be possible to integrate cumulatively all national requirements for small prefabricated one-family houses into the future harmonised technical specifications, Member States should have the right to opt out of the application ofTo speed up the integration process and make the necessary requirements for this type of construction more flexible, Member States may have some flexibility in implementing the rules that are to apply to those pre- fabricated one-family houses. _________________ 40 Proposal for a Council Recommendation on Ensuring a fair transition towards climate neutrality COM(2021)801final 2021/0421 (NLE)
Amendment 217 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
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 characteristicsthroughout all the value chain, form the production until the application as a building component, in relation to their essential characteristics and in line with the recommendations made in the recast of the Energy Performance Building Directive;
Amendment 220 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) environmental, including climate, functional and safety product requirements for construction products. throughout all the value chain, from the production until the application as a building component and in line with the recommendations made in the recast of the Energy Performance Building Directive.
Amendment 222 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
The objectives of this Regulation are to contribute to the efficient functioning of the internal market and ensuring the safety of construction products, while making sustainable construction products becoming the norm by preventing and reducing the adverse impacts of construction products on the environment and the health and safety of workers, towards a carbon-neutral, environmentally sustainable, toxic-free and fully circular economy within planetary boundaries by 2050 at the latest.
Amendment 234 #
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point g
Article 2 – paragraph 1 – subparagraph 1 – point g
(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.
Amendment 236 #
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
Member States may decide not toto have some flexibility in applying this Regulation for the houses referred to in point (g) by notification to the Commission.
Amendment 250 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘construction product’ means any formed or formless physical itemproduct, 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 oand the performance of which has an effect on the performance of ther construction product prior to being incorporated in a permanent manner inworks with respect to the basic requirements for construction works;
Amendment 253 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
(1 a) ‘intermediary product’ means a product as defined in Article 1, paragraph 3 of the EPRS Regulation;
Amendment 258 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5
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;
Amendment 259 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5 a (new)
Article 3 – paragraph 1 – point 5 a (new)
(5 a) ‘installation of a prefabricated house’ means the installation of a prefabricated building on a stable and solid base to fulfil the purpose of a single family house;
Amendment 262 #
Proposal for a regulation
Article 3 – paragraph 1 – point 15
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;
Amendment 271 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
The Commission may 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 listed in Annex I Part A point1(1) to 1(7)and their assessment methods.
Amendment 273 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 3
Article 4 – paragraph 2 – subparagraph 3
The respective standardisation requests may also include a request that the European standardisation organisation determine in the standards referred to in the first subparagraph the voluntary or mandatory threshold levels and classes of performance in relation to the essential characteristics and which of the essential characteristics may or shall be declared by manufacturerscovered. In that case, the Commission shall lay down the basic principles and corner stones for the establishment of the threshold levels, classes and mandatory characteristics in the standardisation request.
Amendment 280 #
Proposal for a regulation
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
(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 set to 24 months, or the relevant standard does not sufficiently fulfil the criteria described in the standardisation request;
Amendment 286 #
Proposal for a regulation
Article 4 – paragraph 4 – point a
Article 4 – paragraph 4 – point a
(a) threshold levels and classes of performance in relation to the essential characteristics, taking into account Union climate goals and which of the essential characteristics may or shall be declared by manufacturers in a transparent manner through the use of digital product passports;
Amendment 292 #
Proposal for a regulation
Article 5 – paragraph 2
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 shall 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.
Amendment 293 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2 a. For performance requirements set in Annex I part B and C, the respective delegated acts shall, as appropriate, include: (a) minimum or maximum levels in relation to a specific product parameter referred to in Annex I part B and C ora combination thereof; (b) non-quantitative requirements that aim to improve performance in relation to one or more parameters referred to in Annex I part B and C or a combination thereof.
Amendment 295 #
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
Amendment 296 #
Proposal for a regulation
Article 5 – paragraph 3 b (new)
Article 5 – paragraph 3 b (new)
3 b. For Information requirements set out in Annex I part D, manufacturers are required to disclose information in the Declaration of Conformity.
Amendment 308 #
Proposal for a regulation
Article 7 – paragraph 8 a (new)
Article 7 – paragraph 8 a (new)
8 a. By 31 December 2028, the Commission shall assess the relevance and appropriateness of setting EU wide deposit-refund systems for certain product categories and families. To that end, the Commission shall submit a report to the European Parliament and to the Council and consider taking appropriate measures, including the adoption of legislative proposals. Member States, when implementing national deposit- refund systems in accordance with paragraph 7, shall notify the Commission of those measures. National deposit- refund systems shall not prevent the adoption of a harmonised Union-wide system.
Amendment 354 #
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – point b
Article 22 – paragraph 2 – subparagraph 1 – point b
(b) under the conditions set out in point (a)(i) and (ii) give preference to reusable and sustainably locally sourced bio-based materials, recyclable materials and materials gained from re-use and recycling;
Amendment 393 #
Proposal for a regulation
Article 78 – paragraph 1
Article 78 – paragraph 1
1. The Commission is empowered toshall 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 PassportDigital Product Passport established by Regulation (EU) ... [Regulation on ecodesign for sustainable products], which shall meet all conditions established by Regulation (EU) ... [Regulation on ecodesign for sustainable products]. The Digital Product Passport shall contain all information provided by the manufacturers and included both in the Declaration of Performance and Declaration of Conformity.
Amendment 398 #
Proposal for a regulation
Article 78 – paragraph 3 – subparagraph 1 – point a
Article 78 – paragraph 3 – subparagraph 1 – point a
Amendment 399 #
Proposal for a regulation
Article 78 – paragraph 3 – subparagraph 1 – point b
Article 78 – paragraph 3 – subparagraph 1 – point b
Amendment 400 #
Proposal for a regulation
Article 78 – paragraph 3 – subparagraph 1 – point c
Article 78 – paragraph 3 – subparagraph 1 – point c
Amendment 401 #
Proposal for a regulation
Article 78 – paragraph 3 – subparagraph 1 – point d
Article 78 – paragraph 3 – subparagraph 1 – point d
Amendment 408 #
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-labellingscoring system” in accordance with Article 22(5), those incentives shall aim at the highest two populated classes / colour codes, or at higher classes / better colour codscores.
Amendment 411 #
Proposal for a regulation
Article 84 – paragraph 2
Article 84 – paragraph 2
2. Requirements adopted pursuant to paragraph 1 for public contracts awarded by contracting authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article 3, point (1) of Directive 2014/25/EU, or contracting entities, as defined in Article 4(1) of Directive 2014/25/EU, mayshall take the form of mandatory technical specifications, selection criteria, award criteria, contract performance clauses, or targets, as appropriate.
Amendment 422 #
Proposal for a regulation
Annex I – Part A – point 1 – point 1.1 – paragraph 2
Annex I – Part A – point 1 – point 1.1 – paragraph 2
The construction works and any part of them shall be designed, constructed, used, maintained and demolished in such a way that throughout their lifecycle, all relevant loads and any combinations of them are sustained and transmitted into the ground safely and without causing deflections or deformations of any part of the construction works, or movement of the ground as to impair the durability, structural resistance, serviceability and robustness of the construction works.
Amendment 424 #
Proposal for a regulation
Annex I – Part A – point 1 – point 1.5 – paragraph 2 – point b
Annex I – Part A – point 1 – point 1.5 – paragraph 2 – point b
(b) allows occupants and people nearby to sleep, rest and engage in their normal activities in satisfactory conditions, especially inside buildings and housing.
Amendment 425 #
Proposal for a regulation
Annex I – Part A – point 1 – point 1.5 – paragraph 3
Annex I – Part A – point 1 – point 1.5 – paragraph 3
The construction works and any part of them shall be designed, constructed, used and maintained in such a way that they provide sufficient sound absorption and reflection where these acoustic properties are required, complying with Directive 2002/49 and applicable national legislation.
Amendment 436 #
Proposal for a regulation
Annex I – Part B – point 2 – point f a (new)
Annex I – Part B – point 2 – point f a (new)
(f a) a specific form of removal or demolition;