Activities of Anja WEISGERBER related to 2008/0098(COD)
Plenary speeches (1)
Harmonised conditions for the marketing of construction products (debate)
Amendments (21)
Amendment 51 #
Council position
Recital 8 a (new)
Recital 8 a (new)
(8a) The activities of contractors should not fall within the scope of this Regulation. The erection of construction works is a service and not the placing on the market of a product by a manufacturer. Construction activities may in specific cases include individually manufactured or custom-made parts of the construction work, which are then incorporated into the construction work by the contractor.
Amendment 52 #
Council position
Recital 15
Recital 15
(15) Threshold levels determined by the Commission pursuant to this Regulation should be generally recognised values for the essential characteristics of the construction product in question with regard to the provisions in Member Statesshould ensure a high level of protection within the meaning of Article 114 TFEU.
Amendment 66 #
Council position
Recital 50 a (new)
Recital 50 a (new)
(50 a) Wherever possible, uniform European provisions should be laid down for establishing compliance with the basic requirements set out in Annex I.
Amendment 73 #
Council position
Article 2 –point 15
Article 2 –point 15
15. ''"Specific Technical Documentation''" means documentation demonstrating that methods within the applicable system for assessment and verification of constancy of performance have been replaced by other methods, provided that the results obtained by those other methods are equivalent to the results obtained by the test methods of the corresponding harmonised standardby which other methods the procedures provided for in the harmonised technical specifications have been replaced within the applicable system for assessment and verification of constancy of performance;
Amendment 74 #
Council position
Article 4 – paragraph 1
Article 4 – paragraph 1
1. When a construction product is covered by a harmonised standard or a European Technical AssessAssessment Document has been issued for it, the manufacturer shall draw up a declaration of performance when such a product is placed on the market.
Amendment 76 #
Council position
Article 4 – paragraph 2
Article 4 – paragraph 2
2. When a construction product is covered by a harmonised standard or a European Technical AssessAssessment Document has been issued for it, information in any form about its performance in relation to the essential characteristics, as defined in the applicable harmonised technical specification, shall be provided only if included and specified in the declaration of performance.
Amendment 84 #
Council position
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
a) the construction product is 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 responsible for the safe incorporation of the product into the construction works, in compliance with the applicable national rules and under the responsibility of those responsible for the safe execution of the construction works designated under the applicable national rules for a single identified construction work;
Amendment 85 #
Council position
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 88 #
Council position
Article 5 –point c
Article 5 –point c
(c) the construction product is manufactured in a traditional mannermanner appropriate to heritage conservation and in a non- industrial process for adequately renovating construction works officially protected as part of a designated environment or because of their special architectural or historic merit, in compliance with the applicable national rules.
Amendment 97 #
Council position
Article 6 – paragraph 3 – point c
Article 6 – paragraph 3 – point c
(c) the performance of at least one ofll the essential characteristics of the construction product, relevant for the declared intended use or uses;
Amendment 98 #
Council position
Article 6 – paragraph 3 – point d
Article 6 – paragraph 3 – point d
(d) where applicable, the performance of the construction product, by levels or classes, or in a description or based on a calculation, in relation to its essential characteristics determined in accordance with Article 3(3);
Amendment 100 #
Council position
Article 6 – paragraph 3 – point e
Article 6 – paragraph 3 – point e
Amendment 105 #
Council position
Article 6 – paragraph 3 – point f
Article 6 – paragraph 3 – point f
(f) for the listed essential characteristics for which no performance is declared, the letters "NPD" (No Performance Determined), if the harmonised specification provides for this option;
Amendment 132 #
Council position
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1a. Where European Assessment Documents already exist, the organisation of TABs pursuant to Article 31(1) shall have the following purposes: (a) updating in accordance with the state of the art at appropriate intervals; (b) combining the European Assessment Documents which have been produced for individual products into a new European Assessment Document covering a whole product family.
Amendment 152 #
Council position
Article 37 – paragraph 1
Article 37 – paragraph 1
Micro-enterprises manufacturing construction products covered by a harmonised standard may replace the determination of the product-type on the basis of type-testing for the applicable systems 3 and 4 as set out in Annex V by using methods differing from those contained in the applicable harmonised standard, subject to conditions laid down there. Those manufacturers may also treat construction products to which system 3 applies in accordance with provisions for system 4. When a manufacturer uses these simplified procedures, he shall demonstrate compliance of the construction product with the applicable requirements by means of a Specific Technical Documentation and shall demonstrate the equivalence of the procedures used to the procedures prescribed in the harmonised technical specifications.
Amendment 155 #
Council position
Article 38 – paragraph 1
Article 38 – paragraph 1
1. In relation to construction products covered by a harmonised standard and which are individually manufactured or custom-made in a non-series process in response to a specific order, and which are installed in a single identified construction work, the performance assessment part of the applicable system, as set out in Annex V, may be replaced by the manufacturer by Specific Technical Documentation demonstrating compliance of that product with the applicable requirements and equivalence of the procedures employed with the procedures prescribed in the harmonised technical specifications.
Amendment 163 #
Council position
Article 60 – paragraph 1 – introductory part
Article 60 – paragraph 1 – introductory part
For the purposes of achieving the objectives of this Regulation, in particular removing and avoiding restrictions on making construction products available on the market, the following matters shall be delegated to the Commission in accordance with Article 61, and subject to the conditions laid down in Articles 62 and 63, and the Commission shall deal with them after consulting the committee provided for in Article 64:
Amendment 166 #
Council position
Annex I – paragraph 1
Annex I – paragraph 1
Construction works as a whole and in their separate parts must be fit for their intended use. Subject to normal maintenance, construction works must satisfy these basic requirements for construction works for an economically reasonable working life. The essential product characteristics and the methods and criteria for ascertaining product performances with reference to the basic requirements laid down in this annex shall be determined in the Technical Specifications. Wherever possible, harmonised European rules (e.g. ‘Eurocodes’) shall be used to show that the basic requirements are met.
Amendment 175 #
Council position
Annex II – part 5 – title
Annex II – part 5 – title
5. Commission participationParticipation by the Commission and the manufacturer
Amendment 176 #
Council position
Annex II – part 5 – paragraph 1
Annex II – part 5 – paragraph 1
A Commission representative and a representative of the manufacturer may participate, as observers, toin all the parts of the execution of the work programme.
Amendment 178 #
Council position
Annex II – part 7 – paragraph 2
Annex II – part 7 – paragraph 2
If, within fifteen working days of receipt, the Commission communicates to the organisation of TABs its observations on the draftcopy of the European Assessment Document, the organisation of TABs shall amend the draft accordinglyexamine the observations and shall send a copy of the adopted European Assessment Document, as then amended or not, as the case may be, to the manufacturer and the Commission.