20 Amendments of André BRIE related to 2008/0098(COD)
Amendment 59 #
Proposal for a regulation
Recital 17
Recital 17
Amendment 70 #
Proposal for a regulation
Recital 29
Recital 29
(29) The CE marking should be affixed to all construction products, for which the manufacturer has drawn up a declaration of performance or a Specific Technical Documentation (STD) in accordance with this Regulation. If a declaration of performance or a STD has not been drawn up, CE marking should not be affixed.
Amendment 94 #
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 the assembling of a product for one’s own use in the course of a professional activity and elements made on the works or manufactured off the works but incorporated in the works before being been placed on the market;
Amendment 96 #
Proposal for a regulation
Article 2 – point 7
Article 2 – point 7
7. "manufacturer" means any natural or legal person who manufactures a construction product or who has such a product manufactured, and markets that product under his name or trademark;
Amendment 108 #
Proposal for a regulation
Article 2 – point 20 a (new)
Article 2 – point 20 a (new)
20a. “kit” means a set of at least two separate components that need to be put together to be installed permanently in the works (i.e. to become an "assembled system").
Amendment 140 #
Proposal for a regulation
Article 5 - paragraph 2 - point c
Article 5 - paragraph 2 - point c
(c) the reference number and title 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 143 #
Proposal for a regulation
Article 5 – paragraph 2 – point c a (new)
Article 5 – paragraph 2 – point c a (new)
(ca) the generic intended use as laid down in the relevant harmonized technical specification.
Amendment 148 #
Proposal for a regulation
Article 5 - paragraph 2 - point c a (new)
Article 5 - paragraph 2 - point c a (new)
(ca) details of hazardous substances which are required to be declared pursuant to other Community harmonisation rules.
Amendment 166 #
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. A copy of the declaration of performance shall accompany every product offer sent to the recipient by an economic operator within the meaning of Article 2(10).
Amendment 169 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 3
Article 7 – paragraph 1 – subparagraph 3
By affixing or having affixed the CE marking the manufacturer shall take responsibility for the conformity of the construction product with the declared performance and for its conformity with Community harmonisation legislation.
Amendment 174 #
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. The Commission shall ensure that no additional markings are developed or granted by Technical Assessment Bodies or their associations.
Amendment 179 #
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, the title of the technical specification referred to in the declaration of performance and the general intended use specified there.
Amendment 187 #
Proposal for a regulation
Article 9
Article 9
9. Each Member State shall ensure that the Product Contact Points established in accordance with Regulation (EC) N°…. also provide the information on, using transparent and easily understandable terms, on conditions of use, any technical rules orand regulatory provisions applicable to the incorporation, assembling or installation of a specific type of construction product in the territory of that Member State.
Amendment 203 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Harmonised standards shall provide the methods and the criteria for assessing the performance and durability of the construction products in relation to their essential characteristics. Harmonised standards shall provide the generally intended purpose and levels or classes of performance of the construction products in relation to their essential characteristics. Harmonised standards shall, where appropriate, provide methods less onerous than testing for assessing the performance of the construction products in relation to their essential characteristics.
Amendment 228 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The European Technical Assessment (ETA) shall be issued by a Technical Assessment Body, for any construction product which is not yet or only partly covered by a harmonised product standard, at the request of a manufacturer or importer on the basis of a EAD in accordance with the procedure set out in Annex II. Where harmonised assessment procedures exist, they must be applied. The European Technical Assessment shall provide information on the intended use of the construction product.
Amendment 239 #
Proposal for a regulation
Article 24 – paragraph 2 – subparagraph 1
Article 24 – paragraph 2 – subparagraph 1
2. The Commission shall establish procedures for carrying out the evaluation in a transparent manner, including appropriate appeals procedures against decisions taken as a result of the evaluation.
Amendment 261 #
Proposal for a regulation
Article 27 - paragraph 1
Article 27 - paragraph 1
1. Micro-enterprises may replace the applicable system for assessment of the declared performance of construction product by a STD. The STD shall demonstrate the compliance of the construction product with the applicable requirements in relation to its marketing and use.
Amendment 268 #
Proposal for a regulation
Article 27 - paragraph 2 a (new)
Article 27 - paragraph 2 a (new)
2a. The Specific Technical Documentation shall guarantee an equivalent level of health and safety for persons and for other issues of public interest. The manufacturer shall remain responsible for the product’s compliance with the characteristics stated in the declaration of performance. The manufacturer shall provide information on the intended use of the product.
Amendment 274 #
Proposal for a regulation
Article 33 - paragraph 5
Article 33 - paragraph 5
5. The notified body and its personnel shall carry out in a transparent way the third party tasks in the process of assessment and verification of constancy of performance, with the highest degree of professional integrity and requisite technical competence in the specific field and must be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of their assessment and/or verification activities, especially from persons or groups of persons with an interest in the results of those activities.
Amendment 275 #
Proposal for a regulation
Article 33 - paragraph 11 a (new)
Article 33 - paragraph 11 a (new)
11a. Notified bodies shall inform their clients and advise them in their best interests.