Activities of Catherine NERIS related to 2008/0098(COD)
Plenary speeches (2)
Harmonised conditions for the marketing of construction products (debate)
Harmonised conditions for the marketing of construction products (debate)
Reports (1)
REPORT Report on the proposal for a regulation of the European Parliament and of the Council laying down harmonised conditions for the marketing of the construction products PDF (535 KB) DOC (822 KB)
Amendments (18)
Amendment 50 #
Proposal for a regulation
Recital 6
Recital 6
(6) It is necessary to provide for simplified procedures for drawing up declarations of performance in order to alleviate the financial burden of small and medium- sized enterprises (SMEs) and in particular of micro-enterprises. In order to ensure effective market surveillance and a high level of consumer protection, these simplified procedures should not, however, apply to importers who place a product on the market under their own name or trademark or modify a construction product already placed on the market in such a way that conformity with the declared performance may be affected.
Amendment 65 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) Among the essential characteristics, a distinction should be made between, on the one hand, the essential European characteristics, the minimum requirements for which in terms of levels or classes of performance are determined by the Commission in the appropriate committee procedure, and which apply independently of where the construction product is marketed, and, on the other hand, the essential national characteristics, the minimum requirements for which are determined by each Member State for each family of products, by type of application, and which apply in the place where the product is marketed.
Amendment 66 #
Proposal for a regulation
Recital 21
Recital 21
(21) The placing on the market of construction products which are covered by a harmonised standard or for which a European Technical Assessment has been issued should be accompanied by a declaration of performance in relation to the essential European characteristics and, where appropriate, the essential national characteristics of the product in accordance with the relevant harmonised technical specifications.
Amendment 71 #
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) In order to allow effective market surveillance and to ensure a high level of consumer protection, it is important that simplified procedures for declaring a certain level or class of performance without testing or without further testing do not apply to importers who place a product on the market under their own name or trademark or modify a construction product already placed on the market in such a way that conformity with the declared performance may be affected. This provision concerns the use of stable previous test results or other existing data, and the use of results of tests obtained by third parties. It also concerns the simplified procedure applying to micro-enterprises.
Amendment 83 #
Proposal for a regulation
Article 2 – point 3
Article 2 – point 3
3. ‘essential characteristics’ means those characteristics of the construction product which relate to the basic works requirements; among those characteristics, a distinction is made between: (a) the ‘essential European characteristics’, the minimum requirements for which in terms of levels or classes of performance are determined by the Commission for each family of products laid down in Annex IV, Table 1, and by type of application, in the context of the regulatory procedure with scrutiny provided for in Article 51(2); (b) the ‘essential national characteristics’ determined by each Member State for each family of products, by type of application. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 92 #
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 charge; this excludes: (a) any product which users transform on site for their own use in the context of their professional activity; (b) any product manufactured on and/or off site and incorporated by the same manufacturer into a work without being placed back on the market.
Amendment 114 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 - introductory part
Article 4 – paragraph 1 – subparagraph 1 - introductory part
1. The manufacturer or the importer when placing a construction product on the market shall make a declaration of performance if one of the following conditions areis met:
Amendment 118 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point a
Article 4 – paragraph 1 – subparagraph 1 – point a
(a) the construction product is covered by a harmonised standard, or a European Technical Assessment has been issued for that product; and
Amendment 122 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point b
Article 4 – paragraph 1 – subparagraph 1 – point b
(b) the requirements in relation to a European Assessmential characteristics of that product exist where the manufacturer or importer intends to place the product on the marke Document has been issued for the construction product.
Amendment 127 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Amendment 129 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The declaration of performance referred to in paragraph 1 shall cover at least: (a) a restricted list of the essential European characteristics for which requirements referred to in point b of paragraph 1 existlaid down in the harmonised technical specifications, which must be notified irrespective of where the product is placed on the market; (b) the essential national characteristics laid down in the harmonised technical specifications, the minimum requirements for which are determined by each Member State for each family of products.
Amendment 134 #
Proposal for a regulation
Article 5 - paragraph 2 - point b
Article 5 - paragraph 2 - point b
(b) the list of the essential characteristics of the construction product for which the performance is declaredlaid down in the harmonised technical specifications, and the levels or classes of thate declared performance; Where no requirement relating to the essential characteristics exists where the manufacturer or importer intends to place the product on the market, the manufacturer shall mark the product ‘NPD’.
Amendment 182 #
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 affixedwhen the performance assessment tests were carried out or of the Specific Technical Documentation, 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. indications clearly identifying the performances in relation to the essential characteristics referred to in Article 4(3).
Amendment 199 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Harmonised standards shall be established by the European standardisation bodies listed in Annex I to Directive 98/34/EC on the basis of mandates adopted by the Commission in accordance with Article 6 of that Directiverequests submitted by the Commission in accordance with the first indent of Article 6(3) of that Directive, and by the Standing Committee on Construction in accordance with Article 5(1). The European standardisation bodies shall ensure that no category of actors in a sector has more than 25% of the participants on a technical committee or working group. If one or more categories of actors cannot take part in a working group, or chooses not to, this requirement may be reassessed on a pro rata basis for the actual participants.
Amendment 226 #
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. Where the Commission considers that a sufficient level of technical and scientific expertise concerning an EAD has been reached, it shall give a mandate to the European standardisation bodies to draw up a harmonised standard on the basis of that EAD. The EAD concerned shall become null and void when that harmonised standard is published in the Official Journal.
Amendment 256 #
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. This article shall not apply to importers who place a product on the market under their own name or trademark or modify a construction product already placed on the market in such a way that conformity with the declared performance may be affected, within the meaning of Article 14.
Amendment 269 #
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2a. This article shall not apply to importers who place a product on the market under their own name or trademark or modify a construction product already placed on the market in such a way that conformity with the declared performance may be affected, within the meaning of Article 14.
Amendment 279 #
Proposal for a regulation
Article 53 - paragraph 3
Article 53 - paragraph 3
3. Guidelines for European technical approval which were published before 1 July 2011 in accordance with Article 11 of Directive 89/106/EEC may be used as EADs. Where the Commission considers that a sufficient level of technical and scientific expertise concerning European technical approval guidelines has been reached, it shall give a mandate to the European standardisation bodies to draw up a harmonised standard on the basis of those guidelines, in accordance with Article 20(3a).