Activities of Claude GRUFFAT related to 2022/0094(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products, amending Regulation (EU) 2019/1020 and repealing Regulation (EU) 305/2011
Amendments (119)
Amendment 296 #
Proposal for a regulation
Recital 7
Recital 7
(7) Pursuing the environmental goals, including the fight against climate change and the transition towards a carbon- neutral, environmentally sustainable, toxic-free and fully circular economy within planetary boundaries by 2050 at the latest, makes it necessary to establish new environmental obligations and to lay the ground for the development and the application ofapply an assessment method for the calculation of the environmental sustainability of construction products. In order to achieve harmonised and accurate assessments, the Commission should build on the continuing efforts to develop and improve science-based assessment tools, such as the update Product Environmental Footprint method set out in Commission Recommendation (EU) 2021/2279. 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.
Amendment 299 #
(8) To ensure safety and functionality of construction products and, by extension, of construction works as well as workers and consumers, 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. 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 300 #
Proposal for a regulation
Recital 10
Recital 10
(10) In order to ensure safety and protection of the environment, workers and consumers and to close a regulatory loophole that would otherwise exist, it is necessary to clarify that construction products manufactured on the construction site for immediate incorporation into the construction works are subject to the same rules as other construction products. Micro-enterprises, however, often individually manufacture and install products on site. Subjecting those micro- enterprises under all circumstances to the same rules as other enterprises would disproportionally affect those micro- enterprises. It is therefore necessary to enable Member States to exempt micro- enterprises from drawing up a declaration of performance in specific situations, where the interests of other Member States are not affected. Local authorities should be provided with the necessary financing mechanisms to help microenterprises access and be part of the sustainable product market.
Amendment 305 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
Amendment 310 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to contribute to the objectives of the European Green Deal and, the Circular Economy Action Plan and the Zero Pollution Action Plan, and to ensure safe and sustainable construction products, safety being one of thehealth, safety, environmental protection and workers and consumer protection being goals to be pursued in the legislation based on Article 114 of the Treaty on the Functioning of the European Union (TFEU), inherent product requirements related to safety, functionality and protection of environment, including climate, are necessary. When setting these requirements, the Commission should take into account their potential contribution to achieving Union climate, environmental and energy efficiency objectives. These requirements do not merely relate to the performance of construction products. Contrary to its predecessor Directive 89/106/EC, Regulation (EU) No. 305/2011 does not provide for the possibility to establish such inherent product requirements. However, certain harmonised standards for construction products contain such inherent product requirements which can relate to environment, to safety or simply to the good functioning of the product. These standards demonstrate that there is a practical need for such requirements on safety, the environment or simply the functioning of products. Article 114 TFEU as the legal base of this Regulation also imposes the pursuit of a high level of protection of the environment, health and human safety. Thus, this Regulation should (re-)introduce or validate inherent product requirements. Whilst these requirements need to be laid down by the legislator, there is a need for specifying them for the more than 30 product families, each with several categories. Hence, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to specify the requirements for the respective construction product family or category.
Amendment 312 #
Proposal for a regulation
Recital 26
Recital 26
(26) In order to enhance legal clarity and reduce the administrative burden for the economic operators, it is necessary to avoid that construction products are subject to multiple assessments regarding the same aspect of health, safety or protection of the environment, including climate, under different Union legislation. This was confirmed by the REFIT platform recommending that the Commission gives priority to addressing the problems of overlapping and repetitive requirements. The Commission should thus be able to determine the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations of this Regulation, where otherwise the same aspect of health, safety or protection of the environment, including climate, would be assessed in parallel under this Regulation and other Union law.
Amendment 315 #
Proposal for a regulation
Recital 28
Recital 28
(28) In particular, in the case of energy- related products included in ecodesign working plans which are also construction products and for intermediary products, with the exception of cement, priority for the setting of sustainability requirements will be given to the [ESPR]. This should be the case for instance for heaters, boilers, heat pumps, water and space heating appliances, fans, cooling and ventilating systems and photovoltaic products, excluding building-integrated photovoltaic panels. This Regulation may still intervene in a complementary manner where needed, mainly in relation to safety aspects also taking account of other Union legislation on products such as on gas appliances, low voltage, and machinery. For other products, in order to avoid unnecessary burden for economic operators, the need may arise in future to determine the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations under this Regulation. The power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to determine such conditions.
Amendment 316 #
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32 a) Highlights, that the CE marking shall be adapted to specific requirements for the reuse of material ; applying the same certification criteria of new products to reused ones has proven to be one of the main barriers for the reuse of secondary products in the construction sector.
Amendment 318 #
Proposal for a regulation
Recital 36
Recital 36
(36) To ensure safety, functionality and sustainability of construction products, and by extension of construction works, all economic operators intervening in the supply and distributionvalue chain should take appropriate measures to ensure that they place or make available on the market only construction products which are in compliance with the binding Union requirements. In order to improve the legal clarity, it is necessary to set explicitly the obligations of economic operators.
Amendment 320 #
Proposal for a regulation
Recital 42
Recital 42
(42) To optimise the pursuit of the goals of the European Green Deal and of the Circular Economy Action Plan, the manufacturers should be obliged to reach a fair level ofensure both their products and manufacturing contribute significantly towards the Union's climate and environmental objectives by substainability, both for their products and their manufactuntially improving their products' environmental footpringt. This obligation requires trade-off-decisions between different environmental aspects and between environmental and safety aspects, whilst both environmental and safety aspects can relate to the product as such or to the construction works. To give manufacturers certainty about how to make these trade-off decisions, this Regulation should set out clear trade-off rules.
Amendment 321 #
Proposal for a regulation
Recital 44
Recital 44
(44) In view of enhancing the circularity of construction products, in line with the goals of the Circular Economy Action Plan, manufacturers should favour and the waste hierarchy, manufacturers should prevent waste generation by facilitating and prioritizing repair, re-use, and remanufacturing and, when products come to the end of their life, ensure recycling of their products. The (preparation for) re-use, remanufacturing and recycling require certain designspecific design choices, namely by facilitating the separation of products, components and materials during de-installation, deconstruction and demolition and at the later stage of recycling and avoiding mixed, blended or intricate materials. The use of substances of concern should be avoided to facilitate the safe and sustainable re-use and recycling of construction products. As the usual instructions for use will not necessarily reach the economic operators in charge of (preparation for) re-use, remanufacturing and recycling, the necessary information in this regard should be made available in product databases or systems and on the manufacturer’s websites, in addition to the instructions for use.
Amendment 322 #
Proposal for a regulation
Recital 44 a (new)
Recital 44 a (new)
(44 a) Considering the fact that climate and environmental impacts of certain construction products are more significant than others, prioritisation of sustainability measures, both in terms of product requirements and harmonised specifications, should be clearly highlighted.
Amendment 323 #
Proposal for a regulation
Recital 44 b (new)
Recital 44 b (new)
(44 b) The use of bio-based construction products can improve the embodied carbon performance of buildings when substituting more carbon-intensive materials such as conventional cement and steel, provided that the overall climate impacts of biomass production are included in a whole lifecycle assessment and demonstrate lower global warming potential. Similarly, a lower relative impact is also to be demonstrated on other key environmental impact indicators. Construction material sourcing should not contribute to land use change, such as deforestation and forest degradation.
Amendment 324 #
Proposal for a regulation
Recital 46 a (new)
Recital 46 a (new)
(46 a) Since significant impacts on our carbon budget and environment are due to construction products, they shall be subject to the same level of stringency as other products covered by Ecodesign for Sustainable Products Regulation (XXX/XXX). Therefore, this Regulation shall mirror all obligations and requirements set for other products under Ecodesign Regulation (XXX/XXX).
Amendment 327 #
Proposal for a regulation
Recital 58 a (new)
Recital 58 a (new)
(58 a) To enable the implementation of the objectives of the Renovation Wave this Regulation must support harmonised declarations of performance for low emission construction products fit for energy efficient buildings. Therefore, this Regulation foresees the establishment and use of harmonised lowest concentrations of interest (EU LCI) for the assessment of emissions of volatile organic compounds and their publication in the internet, the determination and assessment of the release of volatile organic compounds by means of a horizontal harmonised test standard for the emissions of construction products and the assessment of mixture effects of the emitted substances with the hazard index calculated using EU LCI. This Regulation ensures that all volatile organic compound emissions are assessed according to the same health criteria and independent of the specific construction product source.
Amendment 331 #
Proposal for a regulation
Recital 91
Recital 91
(91) Public procurement amounts to 14% of the Union’s GDP. To contribute to the objective of reaching climate neutrality, improving energy and resource efficiency and transitioning to a circular economy that protects public health and biodiversity, contracting authorities and entities should, where appropriate, be required to align their procurement with specific green public procurement criteria or targets, to be set out in the delegated acts adopted pursuant to this Regulation. The criteria or targets set by delegated acts for specific product groups, should be complied with not only when directly procuring those products in public supply contracts but also in public works or public services contracts where those products will be used for activities constituting the subject matter of those contracts. Compared to a voluntary approach, mandatory criteria or targets will ensure that the leverage of public spending to boost demand for better performingreyclable, recycled, bio based, locally-sourced, and sustainable products is maximised. The criteria should be transparent, objective and non- discriminatory.
Amendment 332 #
Proposal for a regulation
Recital 106
Recital 106
(106) The objectives of this Regulation, namely the free circulation of construction products on the internal market, the protection of human health and safety, and the protection of the environment including climate change adaptation and mitigation, cannot be sufficiently achieved by the Member States, as Member States tend to establish very diverging requirements for construction products, with an uneven level of protection of human health and safety and of the environment. These objectives can rather be better achieved at Union level by establishing a harmonised assessment framework for the performance of construction products and certain product requirements for the protection of human health and safety and of the environment. Accordingly, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives,
Amendment 337 #
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Regulation establishes harmonised rules for the making available on the market and direct installation and deinstallation of construction products, regardless of whether undertaken in the framework of a service or not, by establishing:
Amendment 341 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) Ecodesign requirements, environmental, including climate, functional and safety product requirements for construction products.
Amendment 346 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
This Regulation shall contribute to the efficient functioning of the internal market and ensuring the safety of construction products as well as workers and consumers, while 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 371 #
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) those used construction products or items are imported from third countries without having been placed on the Union market before;
Amendment 373 #
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) the economic operator has changed the intended use of those used construction products or items from the intended use assigned to those construction products or items by the initial manufacturer in another way than by a reduction in terms of performance or intended uses or to mere decoration” purposes, those purposes being defior reclamation dealer claims compliance with characteristics listed in Annex I and related performance, through best available techniques and assessment methods, against the intended use assigned byto the absence of any structural function for the construction works;used construction products
Amendment 376 #
Proposal for a regulation
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
Amendment 391 #
Proposal for a regulation
Article 2 – paragraph 3 – point e a (new)
Article 2 – paragraph 3 – point e a (new)
(e a) solid fuel heaters which are already regulated in Ecodesign for Sustainable Product Regulation
Amendment 402 #
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, which is produced as an end product and placed on the market or produced for incorporation in a permanent manner in construction works or parts thereof within the Union, with the exception of items tconstruction works and the performance of which hats are necessarily first integrated into an assembly, kit or on effect on ther construction product prior to being incorporated in a permanent manner inworks with respect to the basic requirements for construction works;
Amendment 404 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
(1 a) ‘intermediate product’ means a product that requires further manufacturing or transformation such as mixing, coating or assembling to make it suitable for end users;
Amendment 407 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘permanent’ means for a duration of two years or longerinstallation during a lifetime of a construction work;
Amendment 411 #
Proposal for a regulation
Article 3 – paragraph 1 – point 4 a (new)
Article 3 – paragraph 1 – point 4 a (new)
(4 a) 'decorative purposes' means aesthetic goals not related to the basic requirements on construction works as listed in Annex I
Amendment 419 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘product requirements’' means a threshold lequantitativel 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 providedn-quantitative requirement for on in relation to a product to achieve a certain performance level 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);
Amendment 423 #
Proposal for a regulation
Article 3 – paragraph 1 – point 9 a (new)
Article 3 – paragraph 1 – point 9 a (new)
(9 a) 'recycled content' means the proportion, by mass, of recycled material in a construction product or packaging. Only such pre-consumer and post- consumer materials are considered as recycled content for which zero pollution criteria are defined in a European standard for the recyclates concerned.
Amendment 438 #
Proposal for a regulation
Article 3 – paragraph 1 – point 19 a (new)
Article 3 – paragraph 1 – point 19 a (new)
(19 a) ‘product passport’ means a set of data specific to a product that includes the information specified in the applicable delegated act adopted pursuant to Article 4 and that is accessible via electronic means through a data carrier in accordance with Chapter III;
Amendment 447 #
Proposal for a regulation
Article 3 – paragraph 1 – point 32
Article 3 – paragraph 1 – point 32
Amendment 470 #
Proposal for a regulation
Article 3 – paragraph 1 – point 63 a (new)
Article 3 – paragraph 1 – point 63 a (new)
(63 a) 'life-cycle assessment' means approach to assess the carbon footprint of construction products and make the information available to allow customers to compare and choose sustainable materials.
Amendment 471 #
Proposal for a regulation
Article 3 – paragraph 1 – point 64 a (new)
Article 3 – paragraph 1 – point 64 a (new)
(64 a) 'reuse or reclamation dealer’ is an economic actor who acquires and sells reclaimed construction elements. Most salvage or reclamation dealers are equipped to under take specific operations to prepare reclaimed construction elements for reuse. This involves, for example, sorting, cleaning, dimensioning, documenting, advertising and shipping. Some salvage or reclamation dealers combine the sale of reclaimed products with an activity as deconstructors or demolition contractors.
Amendment 472 #
Proposal for a regulation
Article 3 – paragraph 1 – point 71 a (new)
Article 3 – paragraph 1 – point 71 a (new)
(71 a) substance of concern’ means a substance that: (a) meets the criteria laid down in Article 57and is identified in accordance with Article59(1) of Regulation (EC) No 1907/2006;or (b) is classified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 in one of the following hazard classes or hazard categories: – carcinogenicity categories 1 and 2, – germ cell mutagenicity categories 1 and 2, – reproductive toxicity categories 1 and 2, [to be added in the course of the legislative procedure once Regulation (EC) No1272/2008 contains these hazard classes:Persistent, Bioacumulative, Toxic (PBTs),very Persistent very Bioaccumulative (vPvBs);Persistent, Mobile and Toxic (PMT), very Persistent very Mobile (vPvM);Endocrine disruption], – respiratory sensitisation category 1, – skin sensitisation category 1, – chronic hazard to the aquatic environment categories 1 to 4, – hazardous to the ozone layer,– specific target organ toxicity – repeated exposure categories 1 and 2, – specific target organ toxicity – single exposure categories 1 and 2;or (c) negatively affects the re-use and recycling of materials in the product in which it is present;
Amendment 481 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
The essential characteristics specified in accordance with paragraph 1 or listed in Annex I Part A Point 2with the exclusion of paragraph 1(8) 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, as well as climate and social objectives as set out in the European Green Deal, the European Pillar of Social rights and circularity objectives pursued by Regulation (EUXXXXXX) [ecodesign for sustainable products Regulation].
Amendment 486 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
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.
Amendment 491 #
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 manufacturers covered . 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 493 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 4 a (new)
Article 4 – paragraph 2 – subparagraph 4 a (new)
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.
Amendment 523 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3 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. The respective delegated act shall also determine mandatory threshold levels and classes of performance in relation to the essential characteristics covered.
Amendment 531 #
Proposal for a regulation
Article 4 – paragraph 4 – introductory part
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, and 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. 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, the following:
Amendment 535 #
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 543 #
Proposal for a regulation
Article 5 – title
Article 5 – title
Product performance and information requirements
Amendment 549 #
Proposal for a regulation
Article 5 – paragraph 1
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.
Amendment 558 #
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 toshall 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 560 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 563 #
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3 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 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.
Amendment 564 #
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 565 #
Proposal for a regulation
Article 5 – paragraph 3 c (new)
Article 5 – paragraph 3 c (new)
Amendment 567 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a Alignement with the Ecodesign for Sustainable Products Regulation 48 months after the entry into force of this Regulation, the Commission shall perform a study to assess the alignment of the revised Construction Products Regulation with the [Ecodesign for Sustainable Products Regulation..]. The assessment shall include the following criteria: (a) A first working plan has been established as of art. [5a] (b) the timeline pursued is comparable. (c) Relevant performance requirements have been developed for the top three products identified by the working plan established by art.[5a] In case the assessment is negative, the Ecodesign for Sustainable Products RegulationXXX/XXXX shall apply directly.
Amendment 577 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The harmonised zone shall be presumed to be comprehensive, covering all potentialcover the requirements for products other than those covered by other Union lawmandatory harmonised standards.
Amendment 579 #
Amendment 580 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
Amendment 585 #
Proposal for a regulation
Article 7 – paragraph 7 – point a
Article 7 – paragraph 7 – point a
Amendment 588 #
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Member States may ban the destruction of surplus and unsold products or products taken back in accordance with Article 22(2), point (j) and Article 26 or make the destruction of these products dependent on their prior making available on a national brokering platform for non- commercial use of products.
Amendment 590 #
Proposal for a regulation
Article 7 – paragraph 8 a (new)
Article 7 – paragraph 8 a (new)
8 a. Taking into account national destruction bans in accordance with paragraph (8) and the information provided in accordance with Article 22a, the Commission shall be empowered to adopt delegated acts according to Article 87 to supplement this Regulation by prohibiting economic operators to destroy surplus and unsold products in the Union, where the destruction of such products falling within a certain product family or category has significant environmental impact
Amendment 602 #
Proposal for a regulation
Article 11 – paragraph 1
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 as of art. 4(3) or European aAssessment documents.
Amendment 604 #
Proposal for a regulation
Article 11 – paragraph 2
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 Ppart A Ppoint 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 Aarticle 4(3), and the assessment of environmental sustainability referred to in Article 22(1). Information disclosed under point 2 must be product specific.
Amendment 607 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The following information referred to in Article 31 or, as the case may be, in Article 33 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council45 shall be provided together with the declaration of performance. _________________ 45 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1.)on substances of concern added to the product shall be provided together with the declaration of performance.
Amendment 608 #
Proposal for a regulation
Article 11 – paragraph 4 – point a (new)
Article 11 – paragraph 4 – point a (new)
(a) information on included substances meeting the criteria laid down in Article 57 and is identified in accordance with Article 59(1) of Regulation (EC) No 1907/2006;
Amendment 609 #
Proposal for a regulation
Article 11 – paragraph 4 – point b (new)
Article 11 – paragraph 4 – point b (new)
Amendment 610 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4 a. The substances of concern shall be declared using the model set out in Annex II. In addition, a digital link to the safety data sheet referred to in Regulation (EC) No 1907/2006 of the European Parliament and of the Council shall be provided.
Amendment 611 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where there is no declaration of performance available for a used product issued by the initial manufacturer or another economic operator pursuant to this Regulation or Regulation (EU) 305/2011, an economic operator, may issue a new declaration of performance without undergoing a full procedure in accordance with this Regulation where it limits the intended use to “decoration”claims compliance with characteristics listed in Annex I and related performance, through best available techniques and assessment methods, against the intended use assigned to the used construction products. Where the economic operator has used this derogation, the declaration of performance shall be labelled “declaration of performance for used product”.
Amendment 614 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. BeforeIn order to placinge a product on the market, the manufacturer who is not exempted from the obligation to produce a declaration of performance shall:
Amendment 615 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) verify the product’'s compliance with the directly applicable information requirements contained in Annex I Part D, and with the product requirements of Annex I Ppart 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; Article 22, and
Amendment 618 #
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) draw up a declaration of conformity stating that the fulfilment of product and information requirements specified in the applicable delegated acts adopted pursuant to art. 5 and art. 22 have been demonstrated. It shall be continuously updated.
Amendment 628 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Declarations mayshall contain permalinks to unamendable environmental product declarations or other unamendable documents containing the requestedmandatory information ifon those documents follow the order and structure of the declarations or if a correlation table linking the order of the declarations to the order of these documents is provided together with the permalinke environmental performance of construction products.
Amendment 644 #
Proposal for a regulation
Article 16 – paragraph 2
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. The CE marking may not be affixed to parts which are not key parts.
Amendment 658 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
Markings other than the CE marking, including private ones and excluding Type I (ISO 14024) ecolabels, may be affixed on a product only if they do not cover or refer to harmonised technical specifications or to product requirements or essential characteristics or assessment methods included in the harmonised zone.
Amendment 680 #
Proposal for a regulation
Article 21 – paragraph 2 – introductory part
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:
Amendment 690 #
Proposal for a regulation
Article 21 – paragraph 7
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 and of the declaration of conformity, the information referred to in paragraph 6 and the technical documentation in the EU product database or systemthrough the Digital Product Passport established in accordance with Article 78.
Amendment 724 #
Proposal for a regulation
Article 30 – paragraph 1 – point a
Article 30 – paragraph 1 – point a
(a) provide to manufacturers, notified bodies and authorities all available information on the social 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.
Amendment 729 #
Proposal for a regulation
Article 32 – paragraph 1 – point b
Article 32 – paragraph 1 – point b
(b) the economic operator uses the currency of the Member States or a crypto- currency covered by Regulation (EU) […]47 unless, in the latter case, selling to the Union is explicitly excluded by effective means; _________________ 47 Future Regulation of the European Parliament and of the Council on Markets in Crypto-assets, and amending Directive (EU) 2019/1937, see COM/2020/593 final.
Amendment 730 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Member States shall designate a single centralised market surveillance authority responsible for detecting products offered from economic operators outside the Union to clients on their territory online and via other distance sales methods, and that may not respect the Union rules and norms.
Amendment 751 #
Proposal for a regulation
Article 46 – paragraph 6
Article 46 – paragraph 6
6. The Commission may make the financing of the organisation of TABs, regardless of via grants or public tenders, subject to the fulfilment tof certain organisational and performance requirements, including with regard to a fair geographic distribution of TABs.
Amendment 765 #
Proposal for a regulation
Article 70 a (new)
Article 70 a (new)
Amendment 766 #
Proposal for a regulation
Article 70 b (new)
Article 70 b (new)
Article 70 b Market surveillance authorities:access to documents Market surveillance authorities shall have the powers listed in Article 14(4) of Regulation (EU) 2019/1020. These powers are, by virtue of this Regulation and only for the scope of application of this Regulation, extended and complemented so as to include the following powers: (a) the power to require any public authority, body or agency within the same Member State and any economic operator and natural or legal person supporting them to provide the documents, technical specifications, data, and information listed in point (a) and (b) of Article 14(4) of Regulation (EU) 2019/1020 and relevant for compliance with this Regulation or the documents and information referred to in Chapters II to VIII of this Regulation; (b) the power to, before submitting a reasoned request under Article 22(2) of Regulation (EU) 2019/1020, directly request information from economic operators and natural or legal persons supporting them in another Member State; (c) the power to request information from authorities, economic operators and natural or legal persons supporting the latter, where all these are located in third countries;
Amendment 777 #
1. The Commission is empowered toBy 31 December 2026, the Commission shall 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 onDigital Product Passport that builds on and is interoperable with the Digital Product Passport established by Regulation (EU) ... [Regulation on ecodesign for sustainable products]., such database should ensure the provision of a list of sustainable products deemed appropriate for construction practices ;
Amendment 780 #
Proposal for a regulation
Article 78 – paragraph 2
Article 78 – paragraph 2
Amendment 783 #
Proposal for a regulation
Article 78 – paragraph 3 – subparagraph 1 – introductory part
Article 78 – paragraph 3 – subparagraph 1 – introductory part
The Commission may, by implementing acts give access to this databasdefine specific conditions applicable for system to certain authorities of third countries that apply voluntarily this Regulation or that have regulatory systems for construction products similar to this Regulation provided that these countries:construction products specifically. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 88(1).
Amendment 784 #
Proposal for a regulation
Article 78 – paragraph 3 – subparagraph 1 – point a
Article 78 – paragraph 3 – subparagraph 1 – point a
Amendment 786 #
Proposal for a regulation
Article 78 – paragraph 3 – subparagraph 1 – point b
Article 78 – paragraph 3 – subparagraph 1 – point b
Amendment 788 #
Proposal for a regulation
Article 78 – paragraph 3 – subparagraph 1 – point c
Article 78 – paragraph 3 – subparagraph 1 – point c
Amendment 791 #
Proposal for a regulation
Article 78 – paragraph 3 – subparagraph 1 – point d
Article 78 – paragraph 3 – subparagraph 1 – point d
Amendment 795 #
Proposal for a regulation
Article 82 – paragraph 1 – point e
Article 82 – paragraph 1 – point e
(e) scientific, technical, and regulatory matters, aiming to improve product safety or, the protection of the environment, environment and protection of workers and consumers ;
Amendment 799 #
Proposal for a regulation
Article 83 – paragraph 1 – subparagraph 1
Article 83 – paragraph 1 – subparagraph 1
Where Member States provide incentives for a product category covered by a delegated act establishing performance classes in accordance with Article 4(4), point (a) or a “traffic-light-labelling”scoring system in accordance with Article 22(5), those incentives shall aim at the highest two populated classes / colour codesclasses/score , or at higher classes / better colour codes.
Amendment 801 #
Proposal for a regulation
Article 83 – paragraph 2 – subparagraph 2 – point a a (new)
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
Amendment 808 #
Proposal for a regulation
Article 84 – paragraph 1
Article 84 – paragraph 1
1. The Commission is empowered toshall supplement this Regulation by delegated acts according to Article 87 by 31 December 2025, by establishing mandatory sustainability requirements applicable to all public contracts, including implementation, monitoring and reporting of those requirements by Member States, through the support of local authorities. Member states will provide technical and financial assistance to local authorities to upskill and reskill the staff in charge of public contracts and public procurement.
Amendment 812 #
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, labels as defined in Article 43 of Directive 2014/24/EU, or targets, as appropriate.
Amendment 817 #
Proposal for a regulation
Article 84 – paragraph 3 – point b
Article 84 – paragraph 3 – point b
(b) the need to ensure sufficient demand for more environmentally sustainable products;environmental benefits entailed by the uptake of products in the highest two classes/scores.
Amendment 823 #
Proposal for a regulation
Article 84 – paragraph 3 – point c
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 costas determined on a total lifetime and operating cost basis.
Amendment 825 #
Proposal for a regulation
Article 84 – paragraph 3 – point c a (new)
Article 84 – paragraph 3 – point c a (new)
(c a) the relevant Union green public procurement criteria.
Amendment 826 #
Proposal for a regulation
Article 84 – paragraph 3 a (new)
Article 84 – paragraph 3 a (new)
3 a. Where a product is covered by the Union green public procurement criteria but not yet by harmonised technical specifications, contracting authorities and contracting entities shall make best efforts to purchase only products and services that respect at least the technical specifications set at ‘core’ level in the relevant Union green public procurement criteria including among others for Office Building Design, Construction and Management and Union green public procurement criteria for Road Design, Construction and Maintenance.
Amendment 840 #
Proposal for a regulation
Article 91 – title
Article 91 – title
Amendment 842 #
Proposal for a regulation
Article 91 – paragraph 1
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.
Amendment 844 #
Proposal for a regulation
Article 91 – paragraph 2 a (new)
Article 91 – paragraph 2 a (new)
6 months after the date of application of this Regulation the Commission shall adopt a working plan, covering a period of at least 7 years, setting out for each year a list of product groups for which it intends to issue or update standardisation requests or delegated acts with product requirements in accordance with this Regulation. This list shall be set up and updated yearly after consultation of the Member States. In the seven-year time plan all products that have been covered by standardisation mandates under Council Directive 89/106/EEC and Regulation (EU) No. 305/2011 must be foreseen to receive updated standardisation requests responding to the regulatory needs of the members states. Additionally, impact assessments that may lead to ecodesign requirements must be foreseen for at least 15 product groups. As a minimum three delegated acts setting ecodesign requirements shall be foreseen. After six years after the date of application of this Regulation a new seven-year plan shall me made including the update of all standardisation requests and impact assessments that may lead to ecodesign requirements for all remaining product groups covered by standardisation requests. As a minimum seven further delegated acts setting ecodesign requirements shall be foreseen in this second seven-year plan. Also, this plan shall be updated yearly. After twelve years after the date of application of this Regulation a new seven-year plan shall me adopted for updating existing and drafting new standardisation requests and delegated acts. The procedure of adoption of a seven-year working plan and its yearly updates shall be continued as long as this Regulation remains applicable.
Amendment 866 #
Proposal for a regulation
Annex I – Part A – point 1 – point 1.3 – paragraph 2 – introductory part
Annex I – Part A – point 1 – point 1.3 – paragraph 2 – introductory part
The construction works and any part of them shall be designed, constructed, used, maintained and demolished in such a way that they, throughout their life cycle, do not present acute or chronic threat tohave significant adverse effects on the health and safety of workers, occupants or neighbors as a result of any of the following:
Amendment 868 #
Proposal for a regulation
Annex I – Part A – point 1 – point 1.3 – paragraph 2 – point a
Annex I – Part A – point 1 – point 1.3 – paragraph 2 – point a
(a) the emissions of hazardous substances of concern, volatile organic compounds or hazardous particles into indoor air;
Amendment 869 #
Proposal for a regulation
Annex I – Part A – point 1 – point 1.3 – paragraph 2 – point c
Annex I – Part A – point 1 – point 1.3 – paragraph 2 – point c
(c) the release of hazardous substances of concern into drinking water or substances which have an otherwise negative impact on drinking water;
Amendment 870 #
(e a) the release of microplastics into water or soil
Amendment 879 #
Proposal for a regulation
Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point b
Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point b
(b) minimizing the overall amount of raw materials used;
Amendment 880 #
Proposal for a regulation
Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point e
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.
Amendment 882 #
Proposal for a regulation
Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point e a (new)
Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point e a (new)
(e a) Preference is given to the use of low-carbon materials, with equal performance
Amendment 883 #
Proposal for a regulation
Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point e b (new)
Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point e b (new)
(e b) Use of sustainably sourced materials
Amendment 884 #
Proposal for a regulation
Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point e c (new)
Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point e c (new)
(e c) use of raw materials is minimized to the extent possible and use of secondary materials is maximized
Amendment 885 #
Proposal for a regulation
Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point e d (new)
Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point e d (new)
(e d) minimizing the overall amount of materials used;
Amendment 886 #
Proposal for a regulation
Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point e e (new)
Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point e e (new)
(e e) Minimizing the overall volumes of waste generated.
Amendment 906 #
Proposal for a regulation
Annex I – Part D – point 1 – point 1.2 – point f
Annex I – Part D – point 1 – point 1.2 – point f
(f) mainfull bill of materials used;
Amendment 911 #
Proposal for a regulation
Annex I – Part D – point 1 – point 1.3 – point a – introductory part
Annex I – Part D – point 1 – point 1.3 – point a – introductory part
(a) Safety during transport, installation, deinstallation, maintenance, deconstruction and demolition:
Amendment 915 #
Proposal for a regulation
Annex I – Part D – point 1 – point 1.3 – point c – introductory part
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 maximise its durability during several lifecycles:
Amendment 916 #
Proposal for a regulation
Annex I – Part D – point 1 – point 1.3 – point c – point i
Annex I – Part D – point 1 – point 1.3 – point c – point i
(i) description of the adjustment and maintenance operations that shouldall be carried out by the users and the preventive maintenance measures that shouldall be observed;
Amendment 918 #
Proposal for a regulation
Annex I – Part D – point 1 – point 1.3 – point c – point ii
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 reasonsand durability and, where appropriate, the parts subject to wear and the criteria for replacement;
Amendment 919 #
Proposal for a regulation
Annex I – Part D – point 1 – point 1.6 – paragraph 1
Annex I – Part D – point 1 – point 1.6 – paragraph 1
Rules or recommendations forn information provision on repair, deconstruction, reuse, remanufacturing, recycling or safe deposit.:
Amendment 920 #
Proposal for a regulation
Annex I – Part D – point 1 – point 1.6 – paragraph 2
Annex I – Part D – point 1 – point 1.6 – paragraph 2
Product information on these items shall, both in terms of quantity and quality, suffice to fully support make knowledgeable decisions on purchase, including the respective needed quantity, installation, use, maintenance, dismantling, reuse and recycling of the product. It shall include all the drawings, diagrams, descriptions and explanations necessary to understand it. Manufacturers shall disclose at least one best practice and a blacklist of practices hindering these objectives.
Amendment 922 #
Proposal for a regulation
Annex I – Part D – point 1 – point 1.6 a (new)
Annex I – Part D – point 1 – point 1.6 a (new)
Amendment 923 #
Proposal for a regulation
Annex I – Part D – point 3 – paragraph 1
Annex I – Part D – point 3 – paragraph 1
Amendment 924 #
Proposal for a regulation
Annex I – Part D – point 3 – paragraph 2 – introductory part
Annex I – Part D – point 3 – paragraph 2 – introductory part
When specifying the product information requirements, harmonised technical specificationdelegated acts shall at least cover the following elements:
Amendment 925 #
Proposal for a regulation
Annex I – Part D – point 4 – introductory part
Annex I – Part D – point 4 – introductory part
4. Harmonised technical specificationDelegated acts may permit manufacturers to provide certain information itemsadditional to that required in par 1, relevant for Member States, users or occupants, under the condition that:
Amendment 929 #
Proposal for a regulation
Annex II a (new)
Annex II a (new)
Addition to Annex II: Model for declaring information on substances of concern required in Article 11 (4) Data to be filled in by the manufacturer for each relevant substance: Substance of concern under article 11 (4a) (SVHC) for each point: Yes/No If yes, date to be given Date of inclusion on the candidate list (https://echa.europa.eu/de/candidate-list- table) Substance of concern under Article 11 (4b) - Priority substance in the field of water policy - Existing active substance under Regulation (EU) No 528/2012 Substance name: - CAS Number - SVHC property or properties - Classification in accordance with Regulation (EC) No 1272/2008 - Concentration in product or its part - Amount in product - Function of the substance - Instructions for safe use - Instructions for safe disposal - Processes available on the market for the recovery of the substance