[ParlTrack]

Proposal for a regulation
Article 1 – paragraph 1 – introductory part

This Regulation establishes harmonised rules for the placing of and making available on the market ~~and direct installation of construction products, regardless of whether undertaken in the framework of a service or not~~of construction products, by establishing:

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

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 characteristics;

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
Article 1 – paragraph 2

This Regulation also establishes obligations incumbent on economic operators dealing with construction products or their components ~~or with products that could be regarded as construction products whilst not being intended by their manufacturer to be construction products~~.

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – introductory part

This Regulation shall apply to construction products ~~and to the following items:~~

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point a

~~(a) 3D-datasets placed on the market to permit the 3D-printing of construction products covered by this Regulation and 3D-printed construction products and moulds;~~deleted

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point b

~~(b) materials intended to be used for the 3D-printing of construction products on or close to the construction site or for the manufacturing using moulds on or close to the construction site;~~deleted

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point c

~~(c) construction products manufactured on the construction site for immediate incorporation into construction works, without separate commercial action for the placing on the market;~~deleted

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point d

(d) and key parts ~~of products~~ covered by this Regulation;

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point e

~~(e) parts or materials intended to be used for products covered by this Regulation, if the manufacturer of those parts or materials so requests;~~deleted

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point f

~~(f) kits or assemblies, where their composition is specified in and covered by harmonised technical specifications or European assessment documents (EADs);~~deleted

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

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.~~deleted

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 2

~~Member States may decide not to apply this Regulation for the houses referred to in point (g) by notification to the Commission.~~deleted

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
Article 2 – paragraph 2 – introductory part

2. This Regulation shall also apply to used construction products ~~and to used items referred to in paragraph 1 in any of the following cases:~~intended to be placed on the market.

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
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;~~deleted

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
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 defined by the absence of any structural function for the construction works;deleted

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
Article 2 – paragraph 2 – point c

(c) the economic operator making the used construction products or items available on the market claims for them characteristics or the fulfilment of product requirements set out in Annex I, additional to or different from the characteristics and requirements declared pursuant to this Regulation or Regulation (EU) 305/2011 when the used construction product or item was first placed on the market;deleted

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
Article 2 – paragraph 2 – point d

~~(d) the used construction products or items have been subject to a transformative process going beyond repair, cleaning and regular maintenance (‘remanufactured product’);~~deleted

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
Article 2 – paragraph 2 – point e

~~(e) the economic operator making the used construction products or item available on the market opts for the application of this Regulation.~~deleted

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
Article 4 – paragraph 1

1. The basic requirements for construction works, set out in Annex I Part A Point 1 shall constitute the basis for ~~the preparation of standardisation requests and harmonised technical specifications~~specifying essential characteristics of products in addition to those essential characteristics listed in Annex I Part A Point 2.

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1

The essential characteristics specified in accordance with paragraph 1 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.deleted

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

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 and their assessment methods.deleted

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

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. 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.deleted

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 4

The Commission shall verify that the basic principles and corner stones, and the Union law are respected in the standards prior to publishing the reference thereof in the Official Journal in accordance with Article 34.deleted

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
Article 4 – paragraph 3

3. By way of derogation from paragraph 2 and in order to cover the regulatory needs of Member States and to pursue the goals of Article 114 of the Treaty on the Functioning of the European Union, the Commission is empowered to supplement this Regulation by means of delegated acts in accordance with Article 87, by establishing, for particular product families and categories, voluntary or mandatory essential characteristics and their assessment methods in any of the following cases: (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; (b) there is an urgency for the adoption of more harmonised technical specifications that cannot be matched with standards referred to in the first subparagraph of Article 4(2) alone; (c) one or more essential characteristics referring to basic work requirements set out in Annex I Part A, Point 1 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; (d) the standards referred to in the first subparagraph of Article 4(2) are for other reasons considered not sufficient to cover regulatory needs of Member States or the needs of economic operators; (e) the standards referred to in the first subparagraph of Article 4(2) are not in line with EU climate and environmental legislation and ambition; (f) references to standards referred to in the first subparagraph of Article 4(2) cannot be published in the Official Journal for the reasons set out in Article 34(4) or other legal reasons; (g) references to standards referred to in the first subparagraph of Article 4(2) have been withdrawn from the Official Journal or were published with a restriction.deleted

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
Article 4 – paragraph 4

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, the following: (a) 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; (b) conditions under which a product shall be deemed to satisfy a certain threshold level or to qualify for a class of performance without testing or without further testing.deleted

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
Article 9 – paragraph 1

1. Where a construction product is covered by a harmonised ~~technical specification~~standard 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.

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
Article 9 – paragraph 2

2. Where a product is covered by a harmonised ~~technical specification~~standard, information about its performance in relation to the essential characteristics laid down in the applicable harmonised ~~technical specification~~standard may be provided elsewhere than in the declaration of performance only if in parallel provided in the declaration of performance. This obligation shall not apply to situations where, in accordance with Article 10, no declaration of performance has been drawn up.

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
Article 9 – paragraph 3

3. By drawing up the declaration of performance, the manufacturer assumes responsibility for the conformity of the product with such declared performance and becomes liable in accordance with Union and national laws on contractual and extra-contractual liability~~, and this even where it did not act negligently~~. In the absence of objective indications to the contrary, Member States shall presume the declaration of performance drawn up by the manufacturer to be accurate and reliable.

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
Article 10 – paragraph 1 – introductory part

1. By way of derogation from Article 9(1), a manufacturer may refrain from drawing up a declaration of performance when placing a product covered by a harmonised technical specification on the market where ~~any of the following applies:~~the product is manufactured in a manner exclusively appropriate to heritage conservation and in a non-series process for adequately renovating construction works officially protected as part of a designate.

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
Article 10 – paragraph 1 – point a

(a) the product is, otherwise than by 3D-printing or already existing moulds, individually manufactured or custom- made in a non-series process in response to a specific order, and installed in a single identified construction work, by a manufacturer who is also responsible for the safe incorporation of the product into the construction work in compliance with the applicable national rules, and under the supervision of those responsible for the safe execution of the construction works designated under the applicable national rules;deleted

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
Article 10 – paragraph 1 – point c

(c) the product is manufactured in a manner exclusively appropriate to heritage conservation and in a non-series process for adequately renovating construction works officially protected as part of a designated environment or because of their special architectural or historic merit.deleted

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
Article 10 – paragraph 2

2. A Member State may exempt from Article 9(1) remanufactured products based on products which remain safe after remanufacturing provided that it ensures that the product does not to circulate outside the territory of that Member State.deleted

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
Article 10 – paragraph 3

3. A Member State may exempt from Article 9(1) parts of construction works other than products that are prepared for re-use or remanufactured provided that the part does not to circulate outside the territory of that Member State.deleted

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
Article 10 – paragraph 4

4. A Member State may exempt from Article 9(1) products where all of the following applies: (a) the manufacturer is a micro-enterprise without belonging to a family of companies or other commercial organisation, including networks, able to determine or organise the manufacturer’s activities; (b) the manufacturer uses exclusively or in essence components or materials with commonly known stable characteristics or products which have been voluntarily subject to this Regulation and, in all instances, the characteristics of the product depend in essence on the characteristics of these components or materials; (c) the product does not to circulate outside the territory of that Member State.deleted

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

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 of the construction product.

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
Article 16 – paragraph 3

3. If ~~neither~~ a declaration of performance ~~nor a declaration of conformity has~~has not been drawn up by the manufacturer, the CE marking shall not be affixed.

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
Article 16 – paragraph 6 – subparagraph 1

A Member State shall not prohibit or impede, within its territory or under its responsibility, the making available on the market ~~or the use~~ of products bearing the CE marking~~, when the declared performances correspond to the requirements for such use in that Member State~~.

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
Article 16 – paragraph 6 – subparagraph 2

A Member State shall not prohibit or impede, within its territory or under its responsibility, ~~the making available on the market or~~ the use of products bearing the CE marking, when the declared performances correspond to the requirements for such use in that Member State or the product conforms with product requirements set-up in or by means of this Regulation, unless it is specified in the respective harmonised technical specification that the respective requirements constitute only minimum requirements.

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1 – point a

(a) ~~the two last digits of the year in which it was first affixed~~a reference to this Regulation;

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1 – point d

(d) the unique identification code of the product-type~~, the permalink to the manufacturer’s products registration(s) in Union databases and the precise location therein where the product can be found~~;

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1 – point e

~~(e) the permalink to the manufacturer’s own product presentation website, if any there is any;~~deleted

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
Article 17 – paragraph 3

3. The CE marking shall be affixed before the product is placed on the market ~~or directly installed into~~ a construction work. It may be subsequently followed by a pictogram or any other mark indicating a special risk or use.

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

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

2022/12/09
Committee: ITRE

Thierry MARIANI, Marie DAUCHY

Proposal for a regulation
Article 28

providers and of providers of moulds, of 3D-printing datasets, and of 3D-printing 1. A 3D-printing service provider shall: (a) refrain from placing on the market or directly installing products for clients without satisfying the obligations incumbent on manufacturers; (b) inform its clients that they may use 3D-printing services only for the fabrication of products for their own use, unless satisfying the obligations incumbent on manufacturers; (c) inform its clients that the 3D-datasets and the materials to be used shall have undergone the procedures applicable to products under this Regulation; and (d) inform its clients that both the information provided by the manufacturer of the 3D-dataset and the information provided by the manufacturer of the printing material shall coincide and confirm the usability of the material for that type of 3D-dataset and the given 3D- printing technology. 2. Providers of moulds and of 3D-datasets intended to produce items covered by this Regulation shall produce 10 such items and shall make them available to the notified body, technical assessment body and to authorities on request. Providers of moulds and of 3D-datasets intended to produce items covered by this Regulation shall assess and document the fulfilment of requirements of this Regulation with regard to the produced items. 3. Providers of materials intended to be used for the 3D-printing of items covered by this Regulation on or close to the construction site shall produce 10 such items for each intended use and shall make them available to the notified body, technical assessment body and to authorities on request. Providers of materials intended to be used for the 3D- printing of items covered by this Regulation on or close to the construction site shall assess and document the fulfilment of requirements of this Regulation with regard to the produced items.Article 28 deleted Obligations of 3D-printing service materials

2022/12/09
Committee: ITRE

44 Amendments of Marie DAUCHY related to 2022/0094(COD)

ParlTrack - 2011-2024