BETA

131 Amendments of Adriana MALDONADO LÓPEZ related to 2022/0094(COD)

Amendment 171 #
Proposal for a regulation
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.
2022/12/09
Committee: ITRE
Amendment 172 #
Proposal for a regulation
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.
2022/12/09
Committee: ITRE
Amendment 173 #
Proposal for a regulation
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.
2022/12/09
Committee: ITRE
Amendment 177 #
Proposal for a regulation
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.
2022/12/09
Committee: ITRE
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)
2022/12/09
Committee: ITRE
Amendment 217 #
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 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;
2022/12/09
Committee: ITRE
Amendment 220 #
Proposal for a regulation
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.
2022/12/09
Committee: ITRE
Amendment 222 #
Proposal for a regulation
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.
2022/12/09
Committee: ITRE
Amendment 234 #
Proposal for a regulation
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.
2022/12/09
Committee: ITRE
Amendment 236 #
Proposal for a regulation
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.
2022/12/09
Committee: ITRE
Amendment 250 #
Proposal for a regulation
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;
2022/12/09
Committee: ITRE
Amendment 253 #
Proposal for a regulation
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;
2022/12/09
Committee: ITRE
Amendment 258 #
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;
2022/12/09
Committee: ITRE
Amendment 259 #
Proposal for a regulation
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;
2022/12/09
Committee: ITRE
Amendment 262 #
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;
2022/12/09
Committee: ITRE
Amendment 271 #
Proposal for a regulation
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.
2022/12/09
Committee: ITRE
Amendment 273 #
Proposal for a regulation
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.
2022/12/09
Committee: ITRE
Amendment 280 #
Proposal for a regulation
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;
2022/12/09
Committee: ITRE
Amendment 286 #
Proposal for a regulation
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;
2022/12/09
Committee: ITRE
Amendment 292 #
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 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.
2022/12/09
Committee: ITRE
Amendment 293 #
Proposal for a regulation
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.
2022/12/09
Committee: ITRE
Amendment 295 #
Proposal for a regulation
Article 5 – paragraph 3 a (new)
3 a. Within 48 months after the entry into force of this Regulation, the Commission shall perform a study to assess the contribution to an overall goal of ensuring circular and sustainable products in the EU, including contribution to achieving objectives set by Ecodesign for Sustainable Products Regulation. The assessment shall include at least the following criteria: (a) The establishment of a working plan identifying the priority construction products group to investigate and potentially regulate upon as of art.5a; (b) The setting of timelines to define implementing measures under the CPR equivalent to the timelines existing under Ecodesign; (c) The definition of information and performance requirements – implementing measures -for at least the top two products identified by the working plan established in accordance with Article 5a.
2022/12/09
Committee: ITRE
Amendment 296 #
Proposal for a regulation
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.
2022/12/09
Committee: ITRE
Amendment 298 #
Proposal for a regulation
Recital 7
(7) Pursuing the environmental goals, including the fight against climate change, makes it necessary to establish new environmental obligations and to lay the ground for the development and the application of an assessment method for the calculation of the environmental sustainability of construction products without increasing disproportionately bureaucracy and costs for economic operators, especially for SMEs. For the same reason, it is necessary to extend the range of regulated economic operators, since distributors, suppliers and manufacturers all have a role to play in the calculation of the environmental sustainability in the construction sector. That range should therefore be extended into two directions, downstream from the distributors to the economic operators preparing re-use and remanufacturing of construction products and upstream from the manufacturer over the suppliers of intermediate products and/or raw materials. Moreover, certain operators coming into play in the context of dismantling used products or other parts of construction works or remanufacturing and re-use thereof need to contribute to a safe second life of construction products.
2022/12/20
Committee: IMCO
Amendment 306 #
Proposal for a regulation
Recital 18 a (new)
(18 a) To deliver in the most efficient way on the European Green Deal’s objectives, 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 308 #
Proposal for a regulation
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.
2022/12/09
Committee: ITRE
Amendment 311 #
Proposal for a regulation
Recital 24
(24) At the same time, in order to strike a balance between mitigating the fragmentation of the market and the legitimate interests of Member States to regulate construction works, it is necessary to provide for a mechanism to better integrate Member States’ needs into the development of harmonised technical specifications. For the same reason, a mechanism allowing Member State to set, based on imperative grounds of health, safety or environmental protection, additional requirements for construction products should be established.
2022/12/20
Committee: IMCO
Amendment 314 #
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 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.
2022/12/20
Committee: IMCO
Amendment 328 #
Proposal for a regulation
Recital 63
(63) Currently, the increasing number of hardly distinguishable European assessment documents which often have little added value when compared to others or existing harmonised standards, risks to slow down their publication and increase costs. In order to deal with this risk in a cost-effective way, certain principles for the development and adoption of European assessment documents should be established or be made more concrete and justifiable. Moreover, the control by the Commission should be enhanced.
2022/12/20
Committee: IMCO
Amendment 329 #
Proposal for a regulation
Recital 72
(72) The attempts of establishing simplified procedures for microenterprises and small and medium-sized enterprises in Regulation (EU) No 305/2011 and thus reducing the burden and costs on SMEs and microenterprises have not been entirely effective and have often remained misunderstood or not used due to the lack of awareness or the lack of clarity regarding their application. By addressing the identified shortcomings while building on the previously established rules, it is necessary to clarify and facilitate their application and hence achieve the objective of supporting microenterprises and SMEs while ensuring performance, safety and environmental sustainability of construction products.
2022/12/20
Committee: IMCO
Amendment 330 #
Proposal for a regulation
Recital 76
(76) To address the identified shortcomings with regards to the market surveillance under Regulation (EU) No. 305/2011, this Regulation should contain more justified empowerments for Member States authorities and for the Commission that should enable authorities to act under all potential problematic circumstances.
2022/12/20
Committee: IMCO
Amendment 334 #
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 and desinstallation of construction products, regardless of whether undertaken in the framework of a service or not, by establishing:
2022/12/20
Committee: IMCO
Amendment 342 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
(b) environcodesign requiremental,s including environmental, climate, functional and safety product requirements for construction products.
2022/12/20
Committee: IMCO
Amendment 354 #
Proposal for a regulation
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;
2022/12/09
Committee: ITRE
Amendment 381 #
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 384 #
Proposal for a regulation
Article 2 – paragraph 3 – point d
(d) sanitary appliances;deleted
2022/12/20
Committee: IMCO
Amendment 390 #
(e a) solid fuel heaters subject to Regulation on [the Ecodesign for Sustainable Products];
2022/12/20
Committee: IMCO
Amendment 393 #
Proposal for a regulation
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.
2022/12/09
Committee: ITRE
Amendment 398 #
Proposal for a regulation
Article 78 – paragraph 3 – subparagraph 1 – point a
(a) ensure confidentiality,deleted
2022/12/09
Committee: ITRE
Amendment 399 #
Proposal for a regulation
Article 78 – paragraph 3 – subparagraph 1 – point b
(b) are partners of a mechanism for lawful transfers of personal data compliant with the Regulation (EU) 2016/67948 , _________________ 48 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016, p. 1–88.deleted
2022/12/09
Committee: ITRE
Amendment 400 #
Proposal for a regulation
Article 78 – paragraph 3 – subparagraph 1 – point c
(c) commit to engage actively by notifying facts that might trigger the need for action of market surveillance authorities, andeleted
2022/12/09
Committee: ITRE
Amendment 401 #
Proposal for a regulation
Article 78 – paragraph 3 – subparagraph 1 – point d
(d) commit to engage against economic operators infringing this Regulation from their territory.deleted
2022/12/09
Committee: ITRE
Amendment 406 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2
(2) ‘permanent’ means for a duration of two yeintended to remain in the construction work or parts or longerthereof within the Union after the completion of the construction or renovation process;
2022/12/20
Committee: IMCO
Amendment 408 #
Proposal for a regulation
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.
2022/12/09
Committee: ITRE
Amendment 411 #
Proposal for a regulation
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.
2022/12/09
Committee: ITRE
Amendment 413 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6
(6) ‘performance’ means the degree to which a product has certain scalable or binary essential characteristics;
2022/12/20
Committee: IMCO
Amendment 417 #
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;quantitative or non-quantitative requirement for on in relation to a product to achieve a certain performance level with which a product has to comply before it can be placed on the market or installed directly, in relation to a product parameter referred to in article 5 or article 22, and laid down in Annex I part B to D and specified in accordance with article 5(2).
2022/12/20
Committee: IMCO
Amendment 422 #
Proposal for a regulation
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.
2022/12/09
Committee: ITRE
Amendment 424 #
Proposal for a regulation
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.
2022/12/09
Committee: ITRE
Amendment 425 #
Proposal for a regulation
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.
2022/12/09
Committee: ITRE
Amendment 436 #
Proposal for a regulation
Annex I – Part B – point 2 – point f a (new)
(f a) a specific form of removal or demolition;
2022/12/09
Committee: ITRE
Amendment 461 #
Proposal for a regulation
Article 3 – paragraph 1 – point 46
(46) ‘harmonised technical specifications’standards' 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;
2022/12/20
Committee: IMCO
Amendment 462 #
Proposal for a regulation
Article 3 – paragraph 1 – point 46 a (new)
(46 a) ‘harmonised technical specifications’ means harmonised standards and European Assessment Documents;
2022/12/20
Committee: IMCO
Amendment 474 #
Proposal for a regulation
Article 3 – paragraph 1 – point 71 a (new)
(71 a) ‘construction product passport’ means a set of data specific to a construction product that includes the information specified under this Regulation that is accessible via electronic means through a data carrier;
2022/12/20
Committee: IMCO
Amendment 477 #
Proposal for a regulation
Article 3 – paragraph 1 – point 71 b (new)
(71 b) ‘intermediate product’ means a product that requires further manufacturing or transformation such as mixing, coating or assembling to make it suitable for end users;
2022/12/20
Committee: IMCO
Amendment 478 #
Proposal for a regulation
Article 3 – paragraph 1 – point 71 c (new)
(71 c) 'recyclable material´ means a characteristic of a product, packaging or associated component that can be diverted from the waste stream through available processes and programmes and can be collected, processed and returned to use in the form of raw materials or products;
2022/12/20
Committee: IMCO
Amendment 479 #
Proposal for a regulation
Article 3 – paragraph 1 – point 71 d (new)
(71 d) ‘recyclability’ means the ability of waste materials or products to be effectively and efficiently separated, collected, sorted and aggregated as defined waste streams in preparation for recycling, and then recycled through relevant industrial processes and reprocessed into recycled materials or products, whilst minimising quality or functionality losses compared to the original material or product;
2022/12/20
Committee: IMCO
Amendment 482 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
The essential characteristics specified in accordance with paragraph 1 with the exclusion of paragraph 1(8) or listed in Annex I Part A Point 2 and the methods for their assessment shall be laid down in standards which are rendered mandatory for purposes of application of this Regulation. The essential characteristics of products shall be identified in view of the basic requirements for construction works, taking account of the regulatory needs of Member States and climate and circularity objectives pursued by Regulation (EU) Ecodesign for sustainable products Regulation.
2022/12/20
Committee: IMCO
Amendment 487 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
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 listed in Annex I Part A point 1(1) to 1(7) and their assessment methods.
2022/12/20
Committee: IMCO
Amendment 494 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
2 a. The essential characteristics covering sustainable use of natural resources and environmental aspects listed in Annex I Part A Point 1 paragraph 1(8) and Point 2, including the methods for their assessment under art. 22(1), shall be covered by delegated acts in accordance with article 87.
2022/12/20
Committee: IMCO
Amendment 502 #
Proposal for a regulation
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 request has not been accepted by any of the European standardisation organisations, whil or the st an undue delay is given where the European standardisation organisation does not submit a standard widard is not delivered within the deadline which shall not be longer thian the time- frame12 months set out in the standardisation request;
2022/12/20
Committee: IMCO
Amendment 510 #
Proposal for a regulation
Article 4 – paragraph 3 – point c
(c) one or more essential characteristics referring to basic work requirements set out in Annex I Part A, Point 1(1) to 1(7) 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;
2022/12/20
Committee: IMCO
Amendment 513 #
Proposal for a regulation
Article 4 – paragraph 3 – point d
(d) the standards referred to in the first subparagraph of Article 4(2) are for other well-argued reasons considered not sufficient to cover regulatory needs of Member States or the needs of economic operators;
2022/12/20
Committee: IMCO
Amendment 525 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
3 a. 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.
2022/12/20
Committee: IMCO
Amendment 528 #
Proposal for a regulation
Article 4 – paragraph 3 b (new)
3 b. 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.
2022/12/20
Committee: IMCO
Amendment 529 #
Proposal for a regulation
Article 4 – paragraph 3 c (new)
3 c. 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 533 #
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, for particular product families and categories, which are justified to be included in this regulation, the following:
2022/12/20
Committee: IMCO
Amendment 542 #
Proposal for a regulation
Article 4 – paragraph 5 a (new)
5 a. Within 12 months of the adoption of this Regulation, the Commission shall produce a report detailing where standards adopted are not in line with EU climate and environmental legislation, and detail steps to adopt Delegated Acts to rectify this shortcoming.
2022/12/20
Committee: IMCO
Amendment 544 #
Proposal for a regulation
Article 5 – title
Product performance and information requirements
2022/12/20
Committee: IMCO
Amendment 548 #
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 information requirements set out in Annex I Part D and the product performance requirements laid down in Annex I Part B and C as specified for the respective product family or category in accordance with paragraph 2. The product requirements laid down in Annex I Part B and C are only applicable where they have been specified in accordance with paragraph 2.
2022/12/20
Committee: IMCO
Amendment 551 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
1 a. For Information requirements set out in Annex I part D, manufacturers are required to disclose information in the Declaration of Conformity.
2022/12/20
Committee: IMCO
Amendment 555 #
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 559 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
2 a. For performance requirements set in Annex I part B and C, the respective delegated acts referred to in paragraph 2 shall, as appropriate, include: (a) mandatory threshold levels and classes of performance in relation to a specific product parameter referred to in Annex I part B and C or a 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.
2022/12/20
Committee: IMCO
Amendment 561 #
Proposal for a regulation
Article 5 – paragraph 3
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, after discussing with all relevant stakeholders.
2022/12/20
Committee: IMCO
Amendment 574 #
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 adapting, revising or introducing additional assessment or verification steps in the systems of Annex V, after discussing with all relevant stakeholders.
2022/12/20
Committee: IMCO
Amendment 576 #
Proposal for a regulation
Article 7 – paragraph 1
1. The harmonised zone shall be presumed to be comprehensive, covering all potentialexisting or future requirements for products other than those covered by other Union law.
2022/12/20
Committee: IMCO
Amendment 586 #
Proposal for a regulation
Article 7 – paragraph 8
8. Member States mayshall ban the destruction of products taken backsurplus and unsold products or products taken back free of charge by the manufacturer 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 594 #
Proposal for a regulation
Article 9 – paragraph 1
1. Where a construction product is covered by a harmonised technical specification adopted in accordance with Article 4(2) or (3), the manufacturer shall undergo the applicable assessment and verification system set out in Annex V and draw up a declaration of performance before such a product is placed on the market. A manufacturer of a product which is not covered by any harmonised technical specification may issue a declaration of performance in accordance with the relevant European assessment document and European technical assessment.
2022/12/20
Committee: IMCO
Amendment 601 #
Proposal for a regulation
Article 11 – paragraph 1
1. The declaration of performance shall express the performance of products in relation to the essential characteristics of those products in accordance with the relevant harmonised technical specifications, delegated act adopted in accordance to Article 4 paragraph 3 of this Regulation or European assessment document.
2022/12/20
Committee: IMCO
Amendment 603 #
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 1.3, Point 1.8 and 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). Information disclosed under Annex I Part A point 2 must be product specific.
2022/12/20
Committee: IMCO
Amendment 620 #
Proposal for a regulation
Article 14 – paragraph 1
1. The declaration of conformity shall express conformity of a product with product requirements referred to in Article 5(1) and (2) and Article 22.
2022/12/20
Committee: IMCO
Amendment 621 #
Proposal for a regulation
Article 14 – paragraph 4
4. The manufacturer shall fulfil the obligations of this Article as from the first revision of the declaration of performance undertaken by the manufacturer after the date of application of harmonised technical specification, for the respective product family or category, but at the latest 3 years after that date.[insert date of entry into force of this Regulation];
2022/12/20
Committee: IMCO
Amendment 622 #
Proposal for a regulation
Article 14 – paragraph 4 a (new)
4 a. Where the manufacturer issues a declaration of performance in accordance with a European assessment document and European technical assessment, the manufacturer shall fulfil the obligation of this Article at the latest 3 months after the European technical assessment has been updated, provided that the manufacturer is represented by a SME or micro- enterprise.
2022/12/20
Committee: IMCO
Amendment 625 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Where the declaration is provided by electronic means, either actively or by using a permalink, the manufacturer shall issue that declaration in a commonlymachine and human readable, but unamendable electronic format. Alternatively, the manufacturer may use a permalink provided that the permalink and theWhen using a permalink, the manufacturer shall ensure that document accessible via the permalink are unamendable. Commission Delegated Regulation (EU) No 157/201446 shall apply under this Regulation. _________________ 46 Commission Delegated Regulation (EU) No 157/2014 of 30 October 2013 on the conditions for making a declaration of performance on construction products available on a website; OJ L 52, 21.2.2014, p. 1.
2022/12/20
Committee: IMCO
Amendment 629 #
Proposal for a regulation
Article 15 a (new)
Article 15 a Construction product passport 1. The construction product passport is the equivalent to the digital product passport in accordance with article 8 of [the ESPR]. 2. The construction product passport consists of (a) the combined declaration of performance and conformity and (b) the product requirements laid down in Annex I Part D. 3. The construction product passport shall be accessible via electronic means through a data carrier, which shall follow the CE marking. 4. The following data carriers may be used to access the construction product passport (a) QR code; (b) Bar code; (c) RFID chip; (d) Permalink 5. The construction product passport and its information shall be accessible to all economic operator, clients, users and authorities accessing it through the data carrier that follows the CE marking. 6. The construction product passports may only be updated by the manufacturer of the respective construction product. 7. Construction product passports shall be made accessible on the manufacturer’s website or an online platform chosen by the manufacturer of the respective products for making the product passports available on its behalf. 8. Construction product passports shall remain available for 10 years after the placing on the market of the respective construction product. 9. Once a construction product is placed on the market the information in the construction product passport connected to it must not be modified. 10. The Commission is empowered to adopt delegated acts in accordance with Article 87 to amend the fourth subparagraph of this Article in light of technical and scientific progress. 11. The Commission is empowered to adopt implementing acts to set a longer time period than the one provided in paragraph 8 of this Article, taking into account the nature of the construction produce or the requirements concerned.
2022/12/20
Committee: IMCO
Amendment 634 #
Proposal for a regulation
Article 15 b (new)
Article 15 b General requirement for the construction product passport 1. A construction product passport shall meet the following conditions: (a) it shall be connected through a data carrier to the unique identification code of the product-type; (b) the data carrier shall be physically present on the product, its packaging or on documentation accompanying the product, in accordance with Article 17 (1); (c) the data carrier shall comply with standard (‘ISO/IEC’) 15459:2015; (d) all information included in the construction product passport shall be based on open, standards, developed with an inter-operable format and shall be machine-readable, structured, and searchable, in accordance with the essential requirements set out in Article15c(new); (e) the information included in the construction product passport shall refer to the product corresponding to the unique identification code of the product- type; (f) the access to information included in the construction product passport shall be regulated in accordance with the essential requirements set out in Article15c (new). The Commission is empowered to adopt delegated acts in accordance with Article 87 to amend the first subparagraph, point (c), of this Article in light of technical and scientific progress by replacing the standard referred to in that point or adding other European or international standards with which the data carrier and the unique identifiers shall comply for the purposes of meeting the conditions set out in this Article. 2. The economic operator placing the product on the market shall provide dealers with a digital copy of the data carrier to allow the dealer to make it accessible to customers where they cannot physically access the product. The economic operator shall provide that digital copy free of charge and within 5 working days of the dealer’s request.
2022/12/20
Committee: IMCO
Amendment 635 #
Proposal for a regulation
Article 15 c (new)
Article 15 c Technical design and operation of the construction product passport The technical design and operation of the construction product passport shall comply with the following essential requirements: (a) construction product passports shall be fully interoperable with other product passports required by other EU legislation; (b) consumers, economic operators and other relevant actors shall have free access to the construction product passport; (c) the data included in the construction product passport shall be stored by the economic operator responsible for its creation or by operators authorised to act on their behalf; (d) if the data included in the construction product passport is stored or otherwise processed by operators authorised to act on their behalf, those operators shall not be allowed to sell, re-use or process such data, in whole or in part, beyond what is necessary for the provision of the relevant storing or processing services; (e) the construction product passport shall remain available for the period specified in delegated acts adopted pursuant to Article 87,including after an insolvency, a liquidation or a cessation of activity in the Union of the economic operator that created the product passport; (f) the rights to access and to introduce, modify or update information in product passport shall be restricted based on the access rights specified in delegated acts adopted pursuant to Article 4; (g) data authentication, reliability and integrity shall be ensured; (h) construction product passports shall be designed and operated so that a high level of security and privacy is ensured and fraud is avoided.
2022/12/20
Committee: IMCO
Amendment 638 #
Proposal for a regulation
Article 15 d (new)
Article 15 d Unique operator identifier and unique facility identifier 1. The unique operator identifiers of the manufacturer or the unique operator identifiers other than that of the manufacturer, and the unique facility identifiers, shall comply with the ISO/IEC standard 15459:2015. 2. Where a unique operator identifier referred to in paragraph 1 is not yet available, the economic operator creating the construction product passport shall request a unique operator identifier on behalf of the relevant actor. Before issuing a request as referred to in the first subparagraph, the economic operator creating the construction product passport shall seek confirmation from the actor concerned that no unique operator identifier exists and shall provide the supply chain actor concerned with full details of the released unique operator identifier. 3. Where a unique facility identifier referred to in paragraph 1 is not yet available, the economic operator creating the construction product passport shall request a unique facility identifier on behalf of the actor responsible for the relevant location or building. Before issuing a request as referred to in the first subparagraph, the economic operator creating the product passport shall seek confirmation from the responsible actor that no unique facility identifier exists and provide the responsible actor with the full details of the released unique facility identifier. 4. The Commission is empowered to adopt delegated acts in accordance with Article 87to amend paragraph 1 of this Article in light of technical and scientific progress by replacing the standard referred to in that paragraph or adding European or international standards with which unique operator identifiers and unique facility identifiers referred to in paragraph 1may comply for the purposes of meeting the conditions set out in this Article.
2022/12/20
Committee: IMCO
Amendment 639 #
Proposal for a regulation
Article 15 e (new)
Article 15 e Construction product passport registry The Commission shall set up and maintain a registry storing information included in the construction product passports by delegated acts adopted pursuant to Article 87. The registry referred to in the first subparagraph shall at least include a list of the data carriers and unique product identifiers referred to in Article 15d (1).The Commission shall ensure that the information stored in the registry referred to in the first subparagraph is processed securely and in compliance with Union law, including applicable rules on the protection of personal data. 2. The Commission shall, in the delegated acts adopted pursuant to Article 87,specify the information which, in addition to being included in the product passport, shall be stored in the registry referred to in paragraph 1, taking into account at least the following criteria: (a) the need to allow for the verification of the authenticity of the product passport; (b) the relevance of information for improving the efficiency and effectiveness of market surveillance checks and customs controls in relation to construction products; (c) the need to avoid disproportionate administrative burden for economic operators. 3. In relation to its responsibility to establish and manage the registry referred to in paragraph 1and the processing of any personal data that might result from that activity, the Commission shall be regarded as controller as defined in Article 3, point(8), of Regulation (EU) 2018/1725. 4. The economic operator placing the product on the market or putting it into service shall upload, in the registry referred to in paragraph 1, the information referred to in paragraph 2. 5. The Commission, competent national authorities and customs authorities shall have access to the registry referred to in this Article for carrying out their duties pursuant to Union legislation.
2022/12/20
Committee: IMCO
Amendment 640 #
Proposal for a regulation
Article 15 f (new)
Article 15 f Customs controls relating to the construction product passport 1. The Commission shall interconnect the registry referred to in Article 15e(1) with the EU Customs Single Window Certificates Exchange (EU CSW- CERTEX), thus enabling the automated exchange of information with the national customs systems through the EU Single Window Environment for Customs established by Regulation (EU)…/….. . The Commission shall adopt an implementing act specifying the details of the implementation arrangements of the interconnection referred to in the first subparagraph. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 88(2). The interconnection referred to in the first subparagraph shall be in place within four years from the date of adoption of the implementing act referred to in the second subparagraph. Paragraphs 3 to 6 of this Article shall apply as from the moment the interconnection is in place. 2. Declarants as defined in Article5, point (15), of Regulation (EU) 952/2013 shall include the unique product identifier referred to in Article 15c(1),point (a), in the customs declaration for release for free circulation of any product covered by a delegated act adopted pursuant to Article 4. This paragraph shall apply from the moment the registry referred to in Article 15e(1)is in place. 3. Before allowing the release for free circulation, customs authorities shall verify whether the unique product identifier indicated by the declarant in accordance with paragraph 2 matches a unique product identifier included in the registry referred to in Article 15e(1). 4. Where information included in the product passport is also stored in the registry referred to in Article 15e(1),the Commission may specify, in the delegated acts adopted pursuant to Article 87,that customs authorities shall, in addition to the verification referred to in paragraph 3 of this Article, verify the consistency between the information stored in the registry and the customs declaration before allowing the release for free circulation. In such case, the Commission shall take into account at least the following criteria: (a) the need to improve compliance of products placed on the Union market with requirements laid down in this Regulation; (b) the need to avoid disproportionate burden for customs authorities. Where customs authorities establish further to the verification laid down in this paragraph that there are discrepancies between the information stored in the registry and the customs declaration, customs authorities shall refuse the release of that product for free circulation. Customs authorities may take any other actions they deem appropriate in accordance with customs legislation, and also registering the refusal in the registry referred to in Article 15e(1)and notifying competent national authorities of the refusal. The release for free circulation shall not be deemed to be proof of conformity with Union law. 5. The verification referred to in paragraphs 3 and 4 shall take place electronically and automatically via the EU Single Window Environment for Customs. 6. Customs authorities may retrieve and use the information included in the product passport and the registry referred to in Article 15e(1) for carrying out their duties pursuant to Union legislation, including for risk management in accordance with Articles 46 and 47 of Regulation (EU) No 952/2013.
2022/12/20
Committee: IMCO
Amendment 642 #
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 orand conformity in accordance with Articles 9 and 11 to 14. The CE marking shall be affixed to key parts of the construction product. The CE marking may not be affixed to parts which are not key parts.
2022/12/20
Committee: IMCO
Amendment 662 #
Proposal for a regulation
Article 19 – paragraph 1
1. An economic operator shall take all necessary measures to ensure continued compliance, including of products, with this Regulation. Where non-compliance of the economic operator or of a product has been stated and corrective action has been requested by a market surveillance authority in accordance with Article 70(1), the economic operator shall submit progress reports to that authority until that authority decides that the corrective action can be closed.
2022/12/20
Committee: IMCO
Amendment 674 #
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 2 – point vi
(vi) names, addresses, contact details of natural or legal persons acting for those operators, in compliance with the GDPR.
2022/12/20
Committee: IMCO
Amendment 676 #
Proposal for a regulation
Article 19 – paragraph 5 – subparagraph 1
An economic operator shall provide all the requested data, into the database or system establishedcluding the Declaration of Performance and conformity, through the Construction Product Passport in accordance with Article 78 within two months after the availability of that database or system has been stated in a publication of the Official Journal and bear the fees of registration linked thereto. It shall at least bi-annually verify the correctness of the provided data.
2022/12/20
Committee: IMCO
Amendment 681 #
Proposal for a regulation
Article 21 – paragraph 2 – introductory part
2. The manufacturer shall refrain from any claim about the characteristics and performance of a product that is not based on:
2022/12/20
Committee: IMCO
Amendment 689 #
Proposal for a regulation
Article 21 – paragraph 7
7. The manufacturer shall upload the datashare the information of the declaration of performance, including mandatory information on the environmental performance of construction products, of the declaration of conformity, the information referred to in paragraph 6 and the technical documentation in the EU product database or systemthrough the Construction Product Passport established in accordance with Article 78.
2022/12/20
Committee: IMCO
Amendment 701 #
Proposal for a regulation
Article 23 – paragraph 1
1. A manufacturer established in the Union may appoint, by a written mandate, any natural or legal person established within the Union as a single authorised representative. A manufacturer not established in the Union shall appoint a single authorised representative.
2022/12/20
Committee: IMCO
Amendment 707 #
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 709 #
Proposal for a regulation
Article 24 – paragraph 8
8. The importer selling to final users shall also fulfil the obligations incumbent on distributors. They 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.
2022/12/20
Committee: IMCO
Amendment 715 #
Proposal for a regulation
Article 26 – paragraph 1 – point f
(f) it claims for it characteristics deviating from the characteristics declaimred by the manufacturer.
2022/12/20
Committee: IMCO
Amendment 716 #
Proposal for a regulation
Article 26 – paragraph 2 – point b – point ii
(ii) opts for assuming the role of the manufacturer.deleted
2022/12/20
Committee: IMCO
Amendment 723 #
Proposal for a regulation
Article 30 – paragraph 1 – point a
(a) provide to manufacturers, notified bodies and authorities all available information on the social impact and environmental sustainability of their supplied component or service all along their lifecycle, in compliance with article 4, article 5 and article 22 and including relevant information over raw material extraction and biodiversity impacts;
2022/12/20
Committee: IMCO
Amendment 737 #
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1 – point a
(a) a harmonised technical specificationstandard;
2022/12/20
Committee: IMCO
Amendment 740 #
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1 – point b
(b) a harmonised technical specificationstandard intended to be adopted in the next 21 years as from the date of verification with the Commission;
2022/12/20
Committee: IMCO
Amendment 741 #
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 2 – introductory part
The product shall not be considered as covered by the harmonised technical specificationstandard where:
2022/12/20
Committee: IMCO
Amendment 743 #
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1 – point b
(b) to not disclose as little as possible information protected by intellectual property rights, and protect commercial secrecy and confidentiality;
2022/12/20
Committee: IMCO
Amendment 752 #
Proposal for a regulation
Article 59 – paragraph 3 a (new)
3 a. Where the Commission ascertains that a notified body does not meet, or no longer meets, the requirements for its notification, it shall inform the notifying Member State accordingly and request it to take the necessary corrective measures, including withdrawal of notification, if necessary.
2022/12/20
Committee: IMCO
Amendment 756 #
Proposal for a regulation
Article 64 – paragraph 1 – point a a (new)
(a a) the construction product, covered by a harmonised standard, which the manufacturer places on the market corresponds to the product-type of another construction product, manufactured by another manufacturer and already tested in accordance with the relevant harmonised standard. When these conditions are fulfilled, the manufacturer is entitled to declare performance corresponding to all or part of the test results of this other product. The manufacturer may use the test results obtained by another manufacturer only after having obtained an authorisation of that manufacturer, who remains responsible for the accuracy, reliability and stability of those test results; or
2022/12/20
Committee: IMCO
Amendment 760 #
Proposal for a regulation
Article 68 – paragraph 2
2. Where the Commission consider a complaint or report relevant and substantiated, it shall based on a clearly defined criteria, it shall without undue delay 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.
2022/12/20
Committee: IMCO
Amendment 761 #
Proposal for a regulation
Article 68 – paragraph 2 a (new)
2 a. The Commission shall adopt an implementing act with the procedure referred to in Article to establish the criteria and the timeline referred to in paragraph 2 of this Article.
2022/12/20
Committee: IMCO
Amendment 762 #
Proposal for a regulation
Article 69 – paragraph 2
2. Member States shall designate, amongst their competent authorities, the ‘national competent authority’ which is the focalsingle point for contactsof contact for communication with other Member States.
2022/12/20
Committee: IMCO
Amendment 767 #
Proposal for a regulation
Article 71 – paragraph 1 – subparagraph 1
Where, on completion of the procedure set out in Article 70(4), objections are raised against a measure taken by a Member State or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States and the relevant economic operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall, within 3 months from the notification referred to in Article 70(6) decide by means of implementing act adopted whether the measure is justified or not.
2022/12/20
Committee: IMCO
Amendment 768 #
Proposal for a regulation
Article 71 – paragraph 2
2. If the national measure is considered justified, all Member States shall take the necessary measures to ensure that the non-compliant product is withdrawn from their markets without delay and shall inform the Commission accordingly. If the national measure is considered unjustified, the Member State concerned shall withdraw the measure.
2022/12/20
Committee: IMCO
Amendment 769 #
Proposal for a regulation
Article 72 – paragraph 3 a (new)
3 a. Consumers shall be enabled to enter information on construction products presenting a risk to consumers through a specific section of the Safety Gate portal provided for in Article 2 of the General Product Safety Regulation. The Commission shall take due account of the information received and ensure appropriate follow-up actions, including transmission of the information to the relevant national authorities.
2022/12/20
Committee: IMCO
Amendment 774 #
Proposal for a regulation
Article 77 – paragraph 8
8. Member States and the Commission may use artificial intelligence systems to detect diverging decision making practices.
2022/12/20
Committee: IMCO
Amendment 781 #
2. Economic operators may access all information stored in that database or system which regards them specifically. They may request that incorrect information is correcdeleted.
2022/12/20
Committee: IMCO
Amendment 798 #
Proposal for a regulation
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 codclasses / scores.
2022/12/20
Committee: IMCO
Amendment 800 #
Proposal for a regulation
Article 83 – paragraph 2 – subparagraph 2 – point a a (new)
(a a) the environmental benefits derived from the uptake of products in the highest two classes/scores;
2022/12/20
Committee: IMCO
Amendment 810 #
Proposal for a regulation
Article 84 – paragraph 1
1. The Commission is empowered to supplement this Regulation by delegated acts according to Article 87 by establishing mandatory sustainability requirements applicable to public contracts, including implementation, monitoring and reporting of those requirements by Member States.
2022/12/20
Committee: IMCO
Amendment 814 #
Proposal for a regulation
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.
2022/12/20
Committee: IMCO
Amendment 816 #
Proposal for a regulation
Article 84 – paragraph 3 – point a a (new)
(a a) the environmental benefits entailed by the uptake of products in the highest two classes/scores;
2022/12/20
Committee: IMCO
Amendment 822 #
Proposal for a regulation
Article 84 – paragraph 3 – point c
(c) the economic feasibility for contracting authorities or contracting entities to buy more environmentally sustainable products, without entailing disproportionate costs as determined on a total lifetime and operating cost basis.
2022/12/20
Committee: IMCO
Amendment 832 #
Proposal for a regulation
Article 87 – paragraph 3
3. Before adopting a delegated act, the Commission shall consult experts designated by each Member Stateduct a thorough assessment of impact and a consultation of stakeholders in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making52 . _________________ 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.
2022/12/20
Committee: IMCO
Amendment 843 #
Proposal for a regulation
Article 91 – paragraph 1
No sooner than 85 years after the date of application of this Regulation, the Commission shall carry out an evaluation of this Regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of products and construction works and built environment. The Commission shall present a report on the main findings to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. Member States shall provide the Commission with the information necessary for the preparation of that report.
2022/12/20
Committee: IMCO
Amendment 848 #
Proposal for a regulation
Article 92 – paragraph 1
Regulation (EU) 305/2011 is repealed with effect from 1 January 204510 years after entry into force of this Regulation.
2022/12/20
Committee: IMCO
Amendment 881 #
Proposal for a regulation
Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point e
(e) Ease of deconstruction, reuse or recyclability of the construction works, parts of them and their materials after demolition.
2022/12/20
Committee: IMCO
Amendment 905 #
Proposal for a regulation
Annex I – Part D – point 1 – point 1.2 – point f
(f) mainfull bill of materials used;
2022/12/20
Committee: IMCO
Amendment 909 #
Proposal for a regulation
Annex I – Part D – point 1 – point 1.3 – introductory part
1.3. Transport, installation, maintenance, deinstallation, deconstruction and demolition rules:
2022/12/20
Committee: IMCO
Amendment 914 #
Proposal for a regulation
Annex I – Part D – point 1 – point 1.3 – point c – introductory part
(c) Maintenance needs with a view to maintaining the performance of the product during its service life span and to maximising its durability during several lifecycles.:
2022/12/20
Committee: IMCO
Amendment 917 #
Proposal for a regulation
Annex I – Part D – point 1 – point 1.3 – point c – point ii
(ii) the type and frequency of inspections and maintenance required for safety and durability reasons and, where appropriate, the parts subject to wear and the criteria for replacement;
2022/12/20
Committee: IMCO
Amendment 921 #
Proposal for a regulation
Annex I – Part D – point 1 – point 1.6 a (new)
1.6 a. Environmental product performance information The manufacturer shall provide information on: (a) recycled content; (b) recyclability and capability to be remanufactured; (c) reparability during the expected life span; (d) selection of safe, environmentally benign substances; (e) upgradability; (f) release of microplastics; (g) capability of different materials or substance to be separated and recovered during dismantling or recycling procedures; (h) environmental and social impacts of raw materials' extraction or sourcing and indication of measure to tackle those.
2022/12/20
Committee: IMCO