Activities of Hans-Peter MAYER related to 2008/0098(COD)
Shadow reports (1)
REPORT Recommendation for second reading on theCouncil position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC PDF (344 KB) DOC (502 KB)
Amendments (26)
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 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 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 106 #
Council position
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
1. A copy of tThe declaration of performance shall be supplied with each product which is made available on the markemust be available at all times in electronic form for each product which is made available on the market. The manufacturer shall supply the declaration of performance in hard copy only if the recipient requests it.
Amendment 108 #
Council position
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Amendment 109 #
Council position
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 112 #
Council position
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 122 #
Council position
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The CE marking shall be followed by the two last digits of the year in which it was first affixed, the name or the identifying mark and the registered address of the manufacturer, the unique identification code of the product-type, the reference number of the declaration of performance, the level or class of the performance declared, the reference to the harmonised technical specification applied, the identification number of the notified body, if applicable, and the intended use as laid down in the harmonised technical specification applied and the address of the website on which the declaration of performance can be accessed.
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 136 #
Council position
Article 19 – paragraph 3
Article 19 – paragraph 3
Amendment 150 #
Council position
Article 37
Article 37
Amendment 154 #
Council position
Article 38 – paragraph 1
Article 38 – paragraph 1
Amendment 157 #
Council position
Article 38 – paragraph 2
Article 38 – paragraph 2
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.
Amendment 180 #
Council position
Annex III – title
Annex III – title