27 Amendments of Paul RÜBIG related to 2008/0098(COD)
Amendment 28 #
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) It is important to complement the basic works requirements with the “sustainable use of natural resources”, which should take into account the following: (a) recyclability of the construction works, and their materials and parts after demolition; (b) durability of the construction works; (c) use of environmentally compatible raw and secondary materials in the construction works.
Amendment 29 #
Proposal for a regulation
Article 2 – point 5
Article 2 – point 5
5. "making available on the market" means any supply of a construction product for distribution or use on the Community market in the course of a commercial activity, whether in return for payment or free of chargethe first change of ownership of a construction product within the Community market;
Amendment 30 #
Proposal for a regulation
Article 2 – point 6
Article 2 – point 6
Amendment 32 #
Proposal for a regulation
Article 2 – point 19
Article 2 – point 19
19. "micro-enterprise" means a micro- enterprise as defined “non safety-critical product” means a construction product belonging the Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium sized enterprises o a family of construction products for which the applicable system for assessment and verification of constancy of performance is system 5, as set out in Annex V;
Amendment 34 #
Proposal for a regulation
Article 4 – paragraphs 1 and 2
Article 4 – paragraphs 1 and 2
1. The manufacturer or the importer when placing a construction product on the market shall make a declaration of performance if the following conditions are met: (a) the construction product is covered by a harmonised standard, or a European Technical Assessment has been issued for that product; and (b) the requirements in relation to essential characteristics of that product exist where the manufacturer or importer intends to place the product on the market. The manufacturer or the importer may make a declaration of performance where the requirements referred to in point (b) do not exist. 2. The declaration of performance referred to in paragraph 1 shall cover at least the essential characteristics for which requirements referred to in point b of paragraph 1 exis. In the case of kits or innovative products for which no harmonised standard exists, the declaration of performance shall be based on a European Technical Assessment.
Amendment 35 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The declaration of performance is obligatory in all Member States when placing a construction product on the market.
Amendment 38 #
Proposal for a regulation
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) the reference number and date of issue of the harmonised standard, the European Assessment Document or the Specific Technical Documentation, which has been used for the assessment of each essential characteristic.
Amendment 39 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The copy of the declaration of performance may be supplied by electronic means only with the express agreement of the recipient.
Amendment 40 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. By way of derogation from paragraphs 1 and 2, the content of the declaration of performance may be made available on a web site in accordance with conditions established by the Commission. Those measures, designed to amend non- essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 51(2).
Amendment 44 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall not prohibit or impede, within their territory or under their responsibility, the making available on the market or the use of construction products bearing the CE marking, when the requirements for this use in that Member State correspond to the declared performance.
Amendment 47 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The CE marking shall be followed by the two last digits of the year in which it was affixed, the name or the identifying mark of the producer, the unique identification code of the construction product and the number of the declaration of performance.
Amendment 49 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 50 #
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 2
Article 10 – paragraph 3 – subparagraph 2
Amendment 51 #
Proposal for a regulation
Article 19 – title
Article 19 – title
Assessment and verificattestation of constformity of performancye
Amendment 52 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Assessment and verificattestation of constancy of the declared performanceformity of construction products in relation to their essential characteristics shall be carried out in accordance with one of the systems set out in Annex V.
Amendment 53 #
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
1a. A STD shall not be used when a harmonised standard exists for a construction product.
Amendment 54 #
Proposal for a regulation
Article 27
Article 27
Amendment 55 #
Proposal for a regulation
Article 27
Article 27
Use of Specific Technical Documentation by micro-enterprises 1. Micro-enterprises may replacefor non safety-critical products 1. For non safety-critical products the applicable system for assessment of the declared performance of construction product may be replaced by a STD. The STD shall demonstrate the compliance of the construction product with the applicable requirements. 2. If a construction product belongs to a family of construction products for which the applicable system for assessment and verification of constancy of performance is system 1 or 25, as set out in Annex V, the STD shall be verified by a relevant certification body as referred to in Annex V.
Amendment 62 #
Proposal for a regulation
Annex I – point 7
Annex I – point 7
The construction works must be designed, built and demolished in such a way that the use of natural resources is sustainable and ensure the following: (a) recyclability of the construction works, their materials and parts after demolition; (b) durability of the construction works; (c) use of environmentally compatible raw and secondary materials in the construction works.
Amendment 65 #
Proposal for a regulation
Annex I – point 7 a (new)
Annex I – point 7 a (new)
7a. Existing mandates to establish harmonised European standards shall be taken into account. The respective CEN committee shall develop standards to clarify the basic works requirement 7 “sustainability”.
Amendment 66 #
Proposal for a regulation
Annex V – title
Annex V – title
Assessment and verificattestation of constformity of performancye
Amendment 67 #
Proposal for a regulation
Annex V – point 1 – title
Annex V – point 1 – title
1. SYSTEMS OF ASSESSMENT AND VERIFICATTESTATION OF CONSTANCY OF PERFORMANCEFORMITY
Amendment 68 #
Proposal for a regulation
Annex V – point 1.1 – introductory phrase
Annex V – point 1.1 – introductory phrase
1.1. System 1+ - Declaration of the performance for the essential characteristics of the product by the manufacturer on the basis of following items:
Amendment 69 #
Proposal for a regulation
Annex V – point 1.2 – introductory phrase
Annex V – point 1.2 – introductory phrase
1.2. System 21 - Declaration of the performance for the essential characteristics of the product by the manufacturer on the basis of following items:
Amendment 70 #
Proposal for a regulation
Annex V – point 1.3 – introductory phrase
Annex V – point 1.3 – introductory phrase
1.3. System 32+ - Declaration of the performance for the essential characteristics of the product by the manufacturer on the basis of following items:
Amendment 71 #
Proposal for a regulation
Annex V – point 1.4 – introductory phrase
Annex V – point 1.4 – introductory phrase
1.4. System 43 - Declaration of the performance for the essential characteristics of the product by the manufacturer on the basis of following items:
Amendment 72 #
Proposal for a regulation
Annex V – point 1.5 – introductory phrase
Annex V – point 1.5 – introductory phrase
1.5. System 54 - Declaration of the performance for the essential characteristics of the product by the manufacturer on the basis of following items: