Activities of Janelly FOURTOU related to 2008/0098(COD)
Plenary speeches (1)
Harmonised conditions for the marketing of construction products (debate)
Amendments (29)
Amendment 54 #
Proposal for a regulation
Recital 12
Recital 12
(12) Where appropriate,Levels or classes of performance levels in relation to the essential characteristics, to be fulfilled by construction products in Member States should be established in the harmonized technical specifications so as to take account of different traditions, different levels of basic works requirements for certain works as well as of the differences in climate, geology and geography and other different conditions prevailing in the Member States.
Amendment 72 #
Proposal for a regulation
Recital 42
Recital 42
Amendment 78 #
Proposal for a regulation
Article 1
Article 1
This Regulation laysdetermines the conditions for the marketing of construction products by laying down rules on how to express the performance of construction products in relation to their essential characteristics and on the use of CE marking on those products.
Amendment 86 #
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 comprising the national and European regulatory requirements for construction works;
Amendment 89 #
Proposal for a regulation
Article 2 – point 4
Article 2 – point 4
4. ‘harmonised technical specifications’ means harmonised standards and the European Technical Assessment Documents;
Amendment 97 #
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 101 #
Proposal for a regulation
Article 2 – point 13
Article 2 – point 13
13. ‘European Assessment Document’ means a document adopted by the organisation of Technical Assessment Bodies; on the basis of a European Technical Assessment submitted by a manufacturer or an importer for which a harmonised standard either does not exist or does not adequately cover it;
Amendment 102 #
Proposal for a regulation
Article 2 – point 13 a (new)
Article 2 – point 13 a (new)
13a. ‘performance level’ means the minimum performance value of a product. A level may be technical or regulatory, and relate to a single characteristic or a set of characteristics.
Amendment 103 #
Proposal for a regulation
Article 2 – point 13 a (new)
Article 2 – point 13 a (new)
Amendment 111 #
Proposal for a regulation
Article 2 – point 20 a (new)
Article 2 – point 20 a (new)
20a. ‘innovative product’ means a construction product for which no harmonised European standard exists or which is not adequately covered by a harmonised European standard and which can be placed on the market by using a European Technical Assessment (ETA).
Amendment 144 #
Proposal for a regulation
Article 5 – paragraph 2 – point c a (new)
Article 5 – paragraph 2 – point c a (new)
(ca) the market on which the product is intended to be placed.
Amendment 151 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. For each essential characteristic of a product, the manufacturer must declare a level or class of performance. In addition, the option of marking the product ‘NPD’ (No Performance Declared) may be used in place of the performance declaration if the manufacturer is certain that there are no requirements relating to the essential characteristics of the construction product at the national, regional or local level where the manufacturer or importer intends to place the product on the market.
Amendment 152 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. A copy of the declaration of performance of the product shall be supplied with each product which is made availableon paper or via electronic means when the product is placed on the market.
Amendment 154 #
Proposal for a regulation
Article 6, paragraph 2
Article 6, paragraph 2
2. TIf the copy of the declaration of performance may beis supplied by electronic means only with, the producer must obtain the express agreement of the recipient.
Amendment 160 #
Proposal for a regulation
Article 6, paragraph 3
Article 6, paragraph 3
Amendment 173 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The CE marking shall be the only marking which attests conformity of the construction product with the provisions of this Regulation and the declared performance.
Amendment 183 #
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 affixeddate of production, 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.
Amendment 185 #
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. Member States shall build upon existing mechanisms to ensure correct application of the regime governing the CE marking and take appropriate action in the event of improper use of the marking. Member States shall also provide for penalties for infringements, which may include criminal sanctions for serious infringements. Those penalties shall be proportional to the seriousness of the infringement.
Amendment 190 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Manufacturers shall draw up the required technical documentation describing all the relevant elements related to the applicable attestation of declared performance. Manufacturers shall draw up the declaration of performance in accordance with Articles 4, 5 and 6, and affix the CE marking in accordance with Articles 7 and 8.
Amendment 201 #
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 Directive, and by the Standing Committee on Construction referred to in Article 51(1).
Amendment 205 #
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 1
Article 16 – paragraph 2 – subparagraph 1
2. Harmonised standards shall provide the methods and the criteria for assessing the performance of the construction products in relation to their essential characteristics, taking into account the use of the product in the work, as defined in the harmonised standard.
Amendment 210 #
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. When a harmonised standard has been approved by a European standardisation body, the committee referred to in Article 51(1) may take responsibility for all verifications ensuring that the standard meets the requirements laid down in the mandate given by the Commission or a Member State.
Amendment 219 #
Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 2
Article 19 – paragraph 2 – subparagraph 2
In each case, the Commission shall choose the least onerous system consistent with safetythe basic works requirements.
Amendment 222 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. TFor innovative products as defined in Article 2, the European Assessment Document (EAD) shall be adopted by the organisation of Technical Assessment Bodies referred to in Article 25(1) following a request for a European Technical Assessment by a manufacturer or an importer, in accordance with the procedure set out in Annex II.
Amendment 249 #
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) the construction product he places on the market shares the product-type with another construction product, manufactured by another manufacturer and already tested in accordance with the relevant harmonised technical specification. When these conditions are fulfilled, and have been verified by the competent notified body using appropriate means, the manufacturer is entitled to declare performance corresponding to all or part of the test results of this another product; The manufacturer must ensure that the performance of the product will not be unfavourably modified at another level by the manufacturing or assembly processes. The manufacturer may use the test results obtained by another manufacturer only after having obtained the authorisation of that manufacturer, who shall remain responsible for the accuracy, reliability and stability of those test results.
Amendment 251 #
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 1 - point c a (new)
Article 26 – paragraph 1 – subparagraph 1 - point c a (new)
(ca) The manufacturer shall use the test results obtained by a system provider only after having obtained the authorisation of that system supplier. The manufacturer shall remain responsible for the product, which must conform to all the performance declarations in accordance with the applicable harmonised technical specification. The manufacturer must ensure that the performance of the product will not be unfavourably modified at another level by the manufacturing or assembly processes.
Amendment 253 #
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 2
Article 26 – paragraph 1 – subparagraph 2
Amendment 272 #
Proposal for a regulation
Article 30 – paragraph 4 a (new)
Article 30 – paragraph 4 a (new)
4a. The notifying authority shall verify that the conformity assessments are carried out appropriately, without imposing unnecessary burdens on undertakings and taking due account of the size of the undertakings, the specific nature of the construction sector and its structure, the degree of technological complexity of the product in question and the nature, volume and frequency of the manufacturing process.
Amendment 278 #
Proposal for a regulation
Article 51 – paragraph 2 a (new)
Article 51 – paragraph 2 a (new)
2a. The Member States shall ensure that the members of the committee referred to in Article 51(1) are independent of the parties involved in assessing the conformity of construction products.