102 Amendments of Morten LØKKEGAARD related to 2022/0094(COD)
Amendment 304 #
Proposal for a regulation
Recital 18
Recital 18
(18) In order to strive for a maximum of regulatory coherence, this Regulation should to the extent possible build on the horizontal legal framework, in this case namely on Regulation (EU) No 1025/2012 of the European Parliament and of the Council. It follows the recent trend inHowever, in line with other product legislation, to develop a fall-back solution where the European Standardisation Organisations do not deliver harmonised standards which can be cited in the Official Journalhis Regulation provides a fall-back solution in exceptional well defined cases where the application of a legislative act is at risk. As no harmonised standards for construction products could be cited in the Official Journal since late 2019 and only some dozen since Regulation (EU) No 305/2011 came into force, the new back-up empowerments for the CommissCommission in collaboration with European standardisation organisations should be even more comprehensiveestablish a workable solution, permitting to optimise the overall output of technical specifications so to catch up the delay in the adaptation to technical progress.
Amendment 307 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) To deliver in the most efficient way on the European Green Deal’s objectives, to provide predictability for manufacturers,public authorities and the wider construction ecosystem, the Commission should, at the latest 6 months after the entry into force of this Regulation and based on a scientific and evidence-based approach, adopt a working plan, covering at least 3 years, laying down a list of product groups for which it plans to adopt requirements and standardisation requests.
Amendment 377 #
Proposal for a regulation
Article 2 – paragraph 2 – point e a (new)
Article 2 – paragraph 2 – point e a (new)
(e a) obligations of economic operators de-installing or dealing with used products for reuse are not fulfilled.
Amendment 399 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘construction product’ means any formed or formless physical item, including its packaging and instructions for useor a kit, which is produced and placed on the market or supplied to the construction site and which has an effect on the performance of the construction works with respect to the basic requirements for construction works; including 3D-printed products or other items covered by this Regulation in accordance with Article 2(1) to (3), or a kit or assembly combining such items, that is placed on the market or produced for incorporation in a permanent manner in construction works or parts thereof within the Union, with the exception of items that are necessarily first integrated into an assembly, kit or other construction product prior to being incorporated in a permanent manner in construction works;
Amendment 416 #
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
(7) ‘essential characteristics’ means those characteristics of the product which relate to the basic requirements for construction works as set out in Annex I Part A Point 1 orand the environmental characteristics which have been listed in Annex I Part A Point 2;
Amendment 436 #
Proposal for a regulation
Article 3 – paragraph 1 – point 18 a (new)
Article 3 – paragraph 1 – point 18 a (new)
(18 a) To deliver in the most efficient way on the European Green Deal’s objectives, to provide predictability for manufacturers, public authorities and the wider construction ecosystem, the Commission should, at the latest 6 months after the entry into force of this Regulation and based on a scientific and evidence-based approach, adopt a working plan, covering at least 3 years, laying down a list of product groups for which it plans to adopt requirements and standardisation requests.
Amendment 442 #
Proposal for a regulation
Article 3 – paragraph 1 – point 26
Article 3 – paragraph 1 – point 26
(26) ‘repair’ means the process of returnfixing a faulty product and/or replacing its defective components, in order to return the product to a condition where it can fulfil its intended use;
Amendment 446 #
Proposal for a regulation
Article 3 – paragraph 1 – point 31
Article 3 – paragraph 1 – point 31
(31) ‘product type’ means the abstract model of individual products, determined by the intended use and a set of characteristics which exclude any variation with regard to performance or to the fulfilment ofand product requirements set- out in or in accordance with this Regulation, produced in a specific production process using a given combination of raw materials or components, whilst identical items of different manufacturers also belong to different product types;
Amendment 450 #
Proposal for a regulation
Article 3 – paragraph 1 – point 38
Article 3 – paragraph 1 – point 38
(38) ‘harmonised zone’ means the sphere jointly covered by this Regulation, the harmonised technical specifications, the European Assessment Documents and the Commission acts of general applicability adopted pursuant this Regulation;
Amendment 480 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
The essential characteristics specified in accordance with paragraph 1 or listed in Annex I Part A Point 2 and the methods for their assessment shall be laid down in standards which are rendered mandatory for purposes of application of this Regulation. The essential characteristics of products shall be identified in view of the basic requirements for construction works, taking account of the regulatory needs of Member States. and climate and circularity objectives pursued by Regulation (EU) (Ecodesign for sustainable products regulation). The identified essential characteristics, together with the essential environmental requirements listed in Annex I Part B, shall form the basis for the preparation of standardisation requests and harmonised technical specifications.
Amendment 483 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
The essential characteristics specified in accordance with paragraph 1 or listed in Annex I Part A Point 2 and the methods for their assessment and the corresponding range of validity shall be laid down in standards which are rendered mandatory for purposes of application of this Regulation. The essential characteristics of products shall be identified in view of the basic requirements for construction works, taking account of the regulatory needs of Member States.
Amendment 485 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
The Commission mayshall issue standardisation requests in accordance with Article 10 of Regulation (EU) 1025/2012 laying down the basic principles and corner stones for the establishment of these essential characteristics and their assessment methods. These standardisation requests may include a request that the European standardisation organisation determine in the standards the threshold levels and classes of performance in relation to these essential characteristics and which of the essential characteristics may or shall be declared by manufacturers. In that case, the Commission shall lay down the basic principles and corner stones for the establishment of the threshold levels, classes and mandatory characteristics in the standardisation request.
Amendment 496 #
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. By way of derogation from paragraph 2 and in order to cover the regulatory needs of Member States and to pursue the goals of Article 114 of the Treaty on the Functioning of the European Union, the Commission is empowered to supplementmay supplement in exceptional cases and as a dinal resort, after consultation of the relevant European standardisation organisations and European stakeholder organisations receiving Union financing under Regulation (EU) No 1025/2012, this Regulation by means of delegated acts in accordance with Article 87, by establishing, for particular product families and categories, voluntary or mandatory essential characteristics and their assessment methods in any of the following casewhere the following cases have been fulfilled and when approved by a majority in the Committee on Construction Products:
Amendment 497 #
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. BWhile priority shall be given to the elaboration of standards, by way of derogation from paragraph 2 and in order to cover the regulatory needs of Member States and to pursue the goals of Article 114 of the Treaty on the Functioning of the European Union, the Commission is empowered to supplementmay supplement in exceptional cases, after consultation of the relevant European standardisation organisations and European stakeholder organisations receiving Union financing under Regulation (EU) No 1025/2012, this Regulation by means of delegated acts in accordance with Article 87, by establishing, for particular product families and categories, voluntary or mandatory essential characteristics and their assessment methods in any of the following cases:
Amendment 499 #
Proposal for a regulation
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
Amendment 501 #
Proposal for a regulation
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
(a) there are undue and unjustified delays in the adoption of certain standards referred to in the first subparagraph of Article 4(2)by the European standardisation organisations, whilst an undue delay is given where the European standardisation organisation does not submit a standard within the time- frame set out2 years after having received the standardisation request, or the relevant standard does not sufficiently fulfil the criteria described in the standardisation request;
Amendment 503 #
Proposal for a regulation
Article 4 – paragraph 3 – point a a (new)
Article 4 – paragraph 3 – point a a (new)
(a a) no reference to harmonised standards covering the relevant essential characteristics is published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012 and no such reference is expected to be published within a reasonable period; and
Amendment 504 #
Proposal for a regulation
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
Amendment 506 #
Proposal for a regulation
Article 4 – paragraph 3 – point b a (new)
Article 4 – paragraph 3 – point b a (new)
(b a) the Commission has requested one or more European standardisation organisations to draft a harmonised standard for the requirements;
Amendment 507 #
Proposal for a regulation
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
Amendment 509 #
Proposal for a regulation
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
(c) one or more essential characteristics referring to basic work requirements set out in Annex I Part A, Point 1 or included in Annex I Part A, Point 2 are not covered by the standards referred to in the first subparagraph of Article 4(2) the references of which are already published in the Official Journal and the European standardisation organisations have proven unwilling or unable to revise or amend the relevant standard in due time;
Amendment 511 #
Proposal for a regulation
Article 4 – paragraph 3 – point c a (new)
Article 4 – paragraph 3 – point c a (new)
(c a) the request has not been accepted by any of the European standardisation organisations or the standard is not delivered within the deadline
Amendment 512 #
Proposal for a regulation
Article 4 – paragraph 3 – point d
Article 4 – paragraph 3 – point d
Amendment 514 #
Proposal for a regulation
Article 4 – paragraph 3 – point e
Article 4 – paragraph 3 – point e
Amendment 515 #
Proposal for a regulation
Article 4 – paragraph 3 – point e
Article 4 – paragraph 3 – point e
(e) the standards referred to in the first subparagraph of Article 4(2) are not in line with EU climate and environmental legislation and ambition and the European standardisation organisations have proven unwilling or unable to revise or amend the relevant standard in due time;
Amendment 516 #
Proposal for a regulation
Article 4 – paragraph 3 – point f
Article 4 – paragraph 3 – point f
Amendment 517 #
Proposal for a regulation
Article 4 – paragraph 3 – point f
Article 4 – paragraph 3 – point f
(f) references to standards referred to in the first subparagraph of Article 4(2) cannot be published in the Official Journal for the reasons set out in Article 34(4) or other legal reasons, and the European standardisation organisations have proven unwilling or unable to revise or amend the relevant standard in due time;
Amendment 518 #
Proposal for a regulation
Article 4 – paragraph 3 – point g
Article 4 – paragraph 3 – point g
Amendment 520 #
Proposal for a regulation
Article 4 – paragraph 3 – point g
Article 4 – paragraph 3 – point g
(g) references to standards referred to in the first subparagraph of Article 4(2) have been withdrawn from the Official Journal or were published with a restriction and the European standardisation organisations have proven unwilling or unable to revise or amend the relevant standard in due time.
Amendment 521 #
Proposal for a regulation
Article 4 – paragraph 3 – point g a (new)
Article 4 – paragraph 3 – point g a (new)
(g a) the Commission has requested one or more European standardisation organisations to draft a harmonised standard for the requirements and the request has not been accepted by any of the European standardisation organisations;
Amendment 524 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3 a. Before preparing a draft delegated act, the Commission shall inform the committee referred to in Article 22 of Regulation EU (No) 1025/2012 that it considers that the conditions in paragraph 3 are fulfilled. When preparing the delegated act establishing the common specification, the Commission shall consult relevant bodies or expert groups established under relevant sectorial Union law.
Amendment 526 #
3 a. Before preparing a draft delegated act, the Commission shall inform the committee referred to in Article 22 of Regulation EU (No) 1025/2012 that it considers that the conditions in paragraph 1 are fulfilled.
Amendment 527 #
Proposal for a regulation
Article 4 – paragraph 3 b (new)
Article 4 – paragraph 3 b (new)
3 b. If harmonised standards covering the essential requirements are developed and the references to them are published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012, the relevant delegated acts shall no longer apply.
Amendment 530 #
Proposal for a regulation
Article 4 – paragraph 3 c (new)
Article 4 – paragraph 3 c (new)
3 c. In the early preparation of the draft delegated act establishing the common specification, the Commission shall gather the views of relevant bodies or expert groups established under relevant sectorial Union law. Based on that consultation, the Commission shall prepare the draft delegated act.
Amendment 538 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The Commission is after approval by the Committee on Construction Products empowered to amend Annex I Part A by means of delegated acts in accordance with Article 87 in order to adapt it to technical progress and to cover new risks and environmental aspects.
Amendment 541 #
Proposal for a regulation
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5 a. The Commission shall by means of implementing acts develop a clear and stable set of rules for the standardisation process including roles, responsibilities, competences and the general procedural deadlines for all stakeholders involved as well as templates to be used. These rules shall cover the full standardisation process from developing the Standardisation request over the drafting of the candidate harmonised standards to their citation in the Official Journal. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).
Amendment 550 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. All products covered by this Regulation shall, prior to their placing on the market or direct installation, satisfy the generic, directly applicable product information requirements set out in Annex I Part D and the product requirements laid down in Annex I Part B, C and CD as specified for the respective product family or category in accordance with paragraph 2. The product requirements laid down in Annex I Part B and C are only applicable where they have been specified in accordance with paragraph 2.
Amendment 556 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. In order to specify the product requirements set out in Annex I Part B, C and D, the Commission is empowered to supplement this Regulation, by means of delegated acts in accordance with Article 87, by specifying, for particular product families and categories, these product requirements and by laying down the corresponding assessment methods. Once the Commission has specified these product requirements by delegated acts, it mayshall issue standardisation requests which aim at the elaboration of voluntary harmonised standards providing presumption of conformity with these mandatory product requirements as specified by these delegated acts.
Amendment 569 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a Prioritisation and planning 1. The Commission shall adopt by six months after entry into force of the Regulation and regularly update a working plan, covering a period of at least 3 years, setting out a list of product families or categories it intends to establish obligations and the necessary standardisation requests to be adopted in accordance with this Regulation. In the development of the working plan, the Commission shall consult the Member States, the European Parliament and the European Standardisation Organisations. 2. The EC shall once a year report to the Member States and the European Parliament about the progress in implementing the working plan including the standardisation requests issued.
Amendment 584 #
Proposal for a regulation
Article 7 – paragraph 7 – introductory part
Article 7 – paragraph 7 – introductory part
7. This Regulation does not hinder Member States to introduce mandatory deposit-refund systems, to oblige manufacturers to take back used or not used non-custom-made products directly or via their importers and distributors and to establish obligations regarding the collection and the treatment of products for waste, provided that all of the following is complied with:
Amendment 592 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
Where conflicts arise between this Regulation and Regulation (EU) 2019/1020, Regulation (EU) No 1025/2012, Regulation 765/2008/EC, Directive 2001/95/EC, Directive (EU) 2019/1937, and [XXX] (future Green Claims Directive or Regulation), this Regulation shall prevail.
Amendment 593 #
Proposal for a regulation
Article 8 – paragraph 1 b (new)
Article 8 – paragraph 1 b (new)
Amendment 600 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 617 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) verify the product’s compliance with the product requirements of Annex I Part B and C, and with the product requirements of Annex I Part D to the extent that they have been specified by delegated acts in accordance with Article 5(2), and with the product requirements of Annex I Part D;
Amendment 641 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The CE marking shall be affixed to those products for which the manufacturer has drawn up a declaration of performance orand where applicable, a declaration of conformity in accordance with Articles 9 and 11 to 14. The CE marking shall be affixed to key parts of the construction product. The CE marking may not be affixed to parts which are not key parts of the construction product.
Amendment 645 #
Proposal for a regulation
Article 16 – paragraph 5 – subparagraph 2
Article 16 – paragraph 5 – subparagraph 2
Member States shall not introduce any references or shall withdraw any references in national measures to a marking attesting conformity with requirements or the declared performance in relation to the essential characteristics covered by the harmonised zoneunless a basis for such reference was laid down in accordance with Article 7 (5).
Amendment 648 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1 – point d
Article 17 – paragraph 2 – subparagraph 1 – point d
(d) the unique identification code of the product-type, the permalink to the manufacturer’s products registration(s) in Union databases or on the manufacturer’s own website and the precise location therein where the product can be found;
Amendment 650 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1 – point e
Article 17 – paragraph 2 – subparagraph 1 – point e
Amendment 654 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
Markings other than the CE marking, including private ones, may be affixed on a product only if they do not cover or refer to harmonised technical specifications or to product requirements or essential characteristics or assessment methods included in the harmonised zone. These restrictions does not comprise the EU Ecolabel and other officially recognised type I-ecolabels (ISO 14024).
Amendment 660 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 667 #
(c) who is involved in financial and other collateral services linked to the making available or direct installation of products if relevant and justified.
Amendment 668 #
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 2 – point i
Article 19 – paragraph 3 – subparagraph 2 – point i
Amendment 669 #
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 2 – point ii
Article 19 – paragraph 3 – subparagraph 2 – point ii
(ii) contact details of these operators referred to in the first subparagraph and;
Amendment 670 #
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 2 – point iii
Article 19 – paragraph 3 – subparagraph 2 – point iii
Amendment 673 #
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 2 – point v
Article 19 – paragraph 3 – subparagraph 2 – point v
Amendment 675 #
Proposal for a regulation
Article 19 – paragraph 5 – subparagraph 1
Article 19 – paragraph 5 – subparagraph 1
An economic operator shallchoosing to provide all the requested data into the database or system established in accordance with Article 78 within two months after the availability of that database or system has been stated in a publication of the Official Journal and bear the fees of registration linked thereto. It shall aAt least bi-annually verify the correctness of the provided data shall be verified.
Amendment 686 #
Proposal for a regulation
Article 21 – paragraph 5 – subparagraph 2
Article 21 – paragraph 5 – subparagraph 2
Amendment 688 #
Proposal for a regulation
Article 21 – paragraph 5 – subparagraph 3
Article 21 – paragraph 5 – subparagraph 3
The manufacturer shall to the extent feasible, in a visible manner, display to customers before it is bound by a sales contract, including in case of distance selling, the information which shall be labelled pursuant to this Regulation or harmonised technical specifications.
Amendment 691 #
Proposal for a regulation
Article 21 – paragraph 7
Article 21 – paragraph 7
7. The manufacturer shall upload the data of the declaration of performance, of the declaration of conformity, the information referred to in paragraph 6 and the technical documentation in the EU product database or system established in accordance with Article 78 or in a dedicated place on their website.
Amendment 711 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
Amendment 725 #
Proposal for a regulation
Article 30 – paragraph 1 – point a
Article 30 – paragraph 1 – point a
(a) provide to manufacturers, notified bodies and authorities all available information on the environmental sustainability of their supplied component or service along their lifecycle;
Amendment 733 #
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. Construction products standards developed pursuant to the second sentence of Article 5(2) or the third sentence of Article 22(4) shall be voluntary. Products which are in conformity with voluntary standards adopted in accordance with Article 5(2), or parts thereof, the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements laid down in Annex I Part B, C, and C,D as specified for the respective product family or category by harmonised technical specifications adopted in accordance with the second sentence of Article 5(2), to the extent that those requirements are covered by such voluntary standards and that this coverage has been precisely stated in the respective harmonised standard. Manufacturers who comply with voluntary standards adopted in accordance with Article 22(2), or parts thereof, the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the obligations set out in Article 22(2), to the extent that those obligations are covered by such standards and that this coverage has been precisely stated in the respective standard.
Amendment 735 #
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1 – introductory part
Article 35 – paragraph 2 – subparagraph 1 – introductory part
Following a request for a European technical assessment by a manufacturer or a group of manufacturers or on initiative of the Commission, a European assessment document may be drawn up and adopted by the organisation of technical assessment bodies (‘TABs’) in agreement with the Commission for any kind or category of products not covered by:
Amendment 744 #
Proposal for a regulation
Article 38 – paragraph 1 a (new)
Article 38 – paragraph 1 a (new)
Amendment 746 #
Proposal for a regulation
Article 40 – paragraph 1 – point a
Article 40 – paragraph 1 – point a
(a) a description of the kind of categories of products covered; and
Amendment 748 #
Proposal for a regulation
Article 40 – paragraph 1 – point b
Article 40 – paragraph 1 – point b
(b) the list of essential characteristics, relevant for the intended use of the kind of categories of products as set out by the manufacturer and agreed between the manufacturer and the organisation of TABs, and the methods and criteria for assessing the performance of the product in relation to those essential characteristics.
Amendment 758 #
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – paragraph 1
Amendment 764 #
Proposal for a regulation
Article 70 – paragraph 1 – subparagraph 1
Article 70 – paragraph 1 – subparagraph 1
Where a market surveillance authority of one Member State has sufficient reason to believe that certain products covered by a construction products standardharmonised technical specification or for which a European technical assessment has been issued, or its manufacturer, is non- compliant, it shall carry out an evaluation in relation to the products and the manufacturer concerned covering the respective requirements laid down by this Regulation. The relevant economic operators shall cooperate as necessary with the market surveillance authorities.
Amendment 771 #
Proposal for a regulation
Article 74 – paragraph 2 – subparagraph 1 – point d
Article 74 – paragraph 2 – subparagraph 1 – point d
(d) elaborate guidelines for the application and enforcement of requirements and obligations set out in delegated acts referred to in Article 4(3) and (4) and Article 5(2) and (3) and the delegated acts referred to in Article 22(4),harmonised technical specifications including common practices and methodologies for effective market surveillance.
Amendment 778 #
Proposal for a regulation
Article 78 – paragraph 1
Article 78 – paragraph 1
1. The Commission is empowered to supplement this Regulation by means of delegated act according to Article 87, by setting up a Union construction products database or system that builds to the extent possible on the Digital Product Passport established by Regulation (EU) ... [Regulation on ecodesign for sustainable products] in order to avoid overlaps with other EU legislation and to ensure interoperability with already existing requirements.
Amendment 779 #
Proposal for a regulation
Article 78 – paragraph 1
Article 78 – paragraph 1
1. The Commission is empowered to supplement this Regulation by means of delegated act according to Article 87, by setting up a voluntary Union construction products database or system that builds to the extent possible on the Digital Product Passport established by Regulation (EU) ... [Regulation on ecodesign for sustainable products]where information related to showing compliance with this regulation can be stored or linked to.
Amendment 813 #
Proposal for a regulation
Article 84 – paragraph 2
Article 84 – paragraph 2
2. Requirements adopted pursuant to paragraph 1 for public contracts awarded by contracting authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article 3, point (1) of Directive 2014/25/EU, or contracting entities, as defined in Article 4(1) of Directive 2014/25/EU, mayshall take the form of mandatory technical specifications, selection criteria, award criteria, contract performance clauses, or targets, as appropriate and shall take into account the needs of SMEs.
Amendment 828 #
Proposal for a regulation
Article 84 – paragraph 3 a (new)
Article 84 – paragraph 3 a (new)
3 a. Regardless of paragraph 1 and 2 the Member States can always use officially recognised EN ISO 14024 ecolabels as a selection criteria in line with Directive 2014/24/EU article 43.
Amendment 836 #
Proposal for a regulation
Article 89 – paragraph 2 – subparagraph 2
Article 89 – paragraph 2 – subparagraph 2
All information obligations set up by Article 7(3), (4) and (6), Article 19(1), (3), (5) and (6), Article 20(2) and (3), Article 21(6) to (9), Article 22(2), points (f) and (i), Article 23(5), Article 24(6), Article 25(2), Article 26(4), Article 27(2), Articles 28 to 39, Article 41(3), Article 44(3), (4), (6) and (7), Article 45(3), Article 46(2), Article 47, article 49(5), Article 50(11), Article 53(1), Article 58(1), Article 59(2), Article 61, Article 70(1), (2), (4) and (6), Article 71(2), Article 72(1), (3) and (5), Article 76, Article 77, Article 78(3), Article 79(2), Article 79(3), Article 80(2), Article 82(1) to (3), (6) and (7) and Article 91 can be satisfied by electronic means. However, information to be provided in accordance with Annex I Part D and harmonised technical specifications specifying it shall be provided on paper for products not labelled “not for consumers” or “only for professional use”. However, information to be provided in accordance with Annex I Part D and harmonised technical specifications specifying it shall be provided on paper for products not labelled “not for consumers” or “only for professional use”. Moreover, consumers may request any other information to be provided on paper.
Amendment 841 #
Proposal for a regulation
Article 91 – paragraph 1
Article 91 – paragraph 1
No sooner than 84 years after the date of application of this Regulation, the Commission shall carry out an evaluation of this Regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of products and construction works and built environment. The evaluation shall inter alia assess the alignment of the revised Construction Products Regulation with the Regulation (EU) (Ecodesign for Sustainable Products Regulation). The Commission shall present a report on the main findings to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. Member States shall provide the Commission with the information necessary for the preparation of that report.
Amendment 850 #
Proposal for a regulation
Article 93 – paragraph 3 – introductory part
Article 93 – paragraph 3 – introductory part
3. The following standards remain valid under this Regulation, as stAll standards already cited in Official Journal of the European Union will remain valid until they are replaced by an updated version or at the latest on 1 Janduards referred to in the first subparagraph of Article 4(2):y 2045. (This amendment implies the deletion of points (a) to (c) in the Commission proposal.)
Amendment 854 #
Proposal for a regulation
Article 93 – paragraph 5
Article 93 – paragraph 5
5. Notified bodies’ certificates or test reports and European technical assessments issued under Regulation (EU) 305/2011 remain valid for five years after the entry into force of harmonised technical specifications for the respective product family or category adopted in accordance with Article 4(2), unless these documents have expired for other reasons. Products placed on the market on the basis of these documents may be further made available on the market for another five years.
Amendment 856 #
Proposal for a regulation
Article 93 – paragraph 7 a (new)
Article 93 – paragraph 7 a (new)
7 a. Insofar as standards do not comply with the underlying standardization mandates or the legal framework and are therefore not listed in the Official Journal of the European Union in their current edition on this basis by the Commission, a procedure is to be determined between the European standardisation organisations and the Commission in accordance with which the Commission's objections to the listing in the Official Journal are resolved. It must be ensured that these standards reflect the state of art until a standard based on a current standardisation request is listed in the Official Journal of the European Union and replaces the old standard.
Amendment 857 #
Proposal for a regulation
Article 93 a (new)
Article 93 a (new)
Article 93 a Working plan for standardisation priorities 1. The Commission shall not later than [6 months after entry into force] establish and regularly update a publicly available working plan, covering the following three-year period. The working plan shall contain a list of product families or categories which are considered as priorities for the issuing of standardisation requests in accordance with Article 4(2) and product requirements in accordance with Article 5. In the development of the working plan, the Commission shall consult the Member States, the European Parliament and the European Standardisation Organisations. 2. The Commission shall once a year report to the Member States and the European Parliament about the progress in implementing the working plan including the standardisation requests issued.
Amendment 932 #
Proposal for a regulation
Annex V – paragraph 1
Annex V – paragraph 1
The manufacturer shall correctly determine the product type pursuant to Article 3, point 31, and the corresponding product category on the basis of the applicable harmonised technical specification. Where a notified body is involved in assessment and verification, the notified body shall verify these determinations, including the verification that no identical items are declared to be of a different type.
Amendment 933 #
Proposal for a regulation
Annex V – point 1 – point a – point ii
Annex V – point 1 – point a – point ii
(ii) further testingassessment of samples taken at the manufacturing plant in accordance with the prescribed test plan;
Amendment 934 #
Proposal for a regulation
Annex V – point 1 – point a – point iv a (new)
Annex V – point 1 – point a – point iv a (new)
(iv a) identify and inform to the Notified Body the parameters of the product which are critical to the individual performances to be declared under the AVS 1+
Amendment 935 #
Proposal for a regulation
Annex V – point 1 – point b – point ii
Annex V – point 1 – point b – point ii
(ii) an assessment of the performance of the product on the basis of type testing (including sampling of the item(s) to be taken as representative of the type), type calculation or tabulated values or descriptive documentation of the product and, in all these cases, review of the documentation of the product;
Amendment 936 #
Proposal for a regulation
Annex V – point 3 – point c
Annex V – point 3 – point c
(c) The notified body shall provide continuous surveillance, assessment and evaluation of factory production control. On this occasion, it shall undertake a including checks of 30 random points falling under the paragraphs (a) (iii) to (v) and withdraw the certificate in case it detects more than 2 non-compliances or one particularly grave non-compliance, amongst these 30 points and the other verifications to be made in accordance with this paragraphthe parameters which are critical to the individual performances to be declared under AVS 2+;.
Amendment 937 #
Proposal for a regulation
Annex V – point 4 – introductory part
Annex V – point 4 – introductory part
4. System 3+ – Notified body’s control of environmental sustainability assessmentdata and assessment methods and processes
Amendment 938 #
Proposal for a regulation
Annex V – point 4 – point a
Annex V – point 4 – point a
(a) The manufacturer shall carry out the assessment of the performance of the product in relation to essential characteristics or product requirements related to environmental sustainability and keep it updated.
Amendment 939 #
Proposal for a regulation
Annex V – point 4 – point b – point i
Annex V – point 4 – point b – point i
(i) verify the manufacturer’s initial and updatedput values and assumptions made for the assessment;
Amendment 940 #
Proposal for a regulation
Annex V – point 4 – point b – point ii
Annex V – point 4 – point b – point ii
(ii) validate the method and process applied to generate that assessment.
Amendment 941 #
Proposal for a regulation
Annex V – point 5 – point a – point i
Annex V – point 5 – point a – point i
(i) an assessment of the performance of the product on the basis of testing (including sampling of the item(s) to be taken as representative of the type), type calculation, tabulated values or descriptive documentation of that productabulated values or descriptive documentation of that product if this option is in accordance with the specific harmonized technical specification and if the manufacturer choses to use this option;
Amendment 942 #
Proposal for a regulation
Annex V – point 5 – point a – point ii a (new)
Annex V – point 5 – point a – point ii a (new)
(ii a) identify and inform to the Notified Body the parameters of the product which are critical to the individual performances to be declared under AVS 3
Amendment 943 #
Proposal for a regulation
Annex V – point 5 – point b – introductory part
Annex V – point 5 – point b – introductory part
(b) The notified body shall issue the certificate of performance and of conformity on the basis of:
Amendment 944 #
Proposal for a regulation
Annex V – point 5 – point b – point i
Annex V – point 5 – point b – point i
(i) confirmation of the correct determination of the product type and of the product category and confirmation of the correct assessment of the performance of theassess the performance of the construction product on the basis of type testing (based on sampling carried out by the manufacturer), type calculation or tabulated values and, in all these cases, review of thor descriptive documentation of theat product;:
Amendment 945 #
Proposal for a regulation
Annex V – point 5 – point b – point ii
Annex V – point 5 – point b – point ii
(ii) undertaking a check of 20 random points falling under the paragraphs (a) (iii) and (iv) and refuse the issuing of a certificate in case it detects more than 2 non-compliance or one particularly grave non-compliance, amongst these 20 points and the other veconfirm the correct determination of the product type and of the product category review the documentation of the product including the premises for using tabulated values or descriptive documentation as well as the parameters criftications to be made in accl to the individual perfordmance with this paragraph.s to be declared;
Amendment 946 #
Proposal for a regulation
Annex V – point 6 – point a – point ii a (new)
Annex V – point 6 – point a – point ii a (new)
Amendment 947 #
Proposal for a regulation
Annex V – point 7 – point a – introductory part
Annex V – point 7 – point a – introductory part
(a) In case of systems 1+, 1 and 2+ inspection of the manufacturing plant shall cover the entire technical part of the plant, at least with regard to the following elements, which shall ensure a continuous orderly manufacturing process:
Amendment 948 #
Proposal for a regulation
Annex V – point 7 – point a – point i
Annex V – point 7 – point a – point i
(i) appropriate competence of the personnel;the factory production control specifying the measures and frequencies foreseen to ensure constancy of performance including the critical to performance parameters.
Amendment 949 #
Proposal for a regulation
Annex V – point 7 – point a – point ii
Annex V – point 7 – point a – point ii
Amendment 950 #
Proposal for a regulation
Annex V – point 7 – point a – point iii
Annex V – point 7 – point a – point iii
Amendment 951 #
Proposal for a regulation
Annex V – point 7 – point b
Annex V – point 7 – point b
(b) Factory production control shall cover the process from receipt of the raw materials and components to the dispatch of the product once the production has started (‘gate to gate’ approach). It and include as a minimum the critical to performance parameters. In case of system 1+, 1 and 2+ the Notified Body shall assess whether this process is designed and optimised in view of the goal that the products conform with the product type and therefore reach the performances declared in the declaration of performance and are compliant with the requirements set out in or under this Regulation.
Amendment 952 #
Proposal for a regulation
Annex V – point 7 – point d
Annex V – point 7 – point d
(d) Verification of items shall, to 50 %, target items which are most likely to contain deficiencies and, to another 50 %, target items chosen at randomIn case of system 3+ verification shall constitute of the verification of all calculations and input data. In that context, the notified body shall verify whether the applicable rules on modelling and calculation laid down in the applicable harmonised technical specification or methodology provided by the Commission are followed and whether the calculation model and input data reflect the production process. In case a verified IT tool or one provided by the Commission is used, the verification focuses on the correct use of the tool. Where secondary data is used, the notified body shall check whether the correct data sets, prescribed by applicable product- specific calculation rules contained in the applicable harmonised technical specification or the methodology provided by the Commission, are used. Where company-specific data is used, the reliability of that data needs to be verified. To that end, the notified body may undertake an audit of the manufacturing plant to which they refer and they shall examine documentation to verify the reliability of data and they may extend this examination to key parts from suppliers who are obliged to cooperate in accordance with Article 30.
Amendment 953 #
Amendment 954 #
Proposal for a regulation
Annex V – point 7 – point f
Annex V – point 7 – point f
(f) Where the above mentioned failure rateNotified bodies that are undertaking tasks under Systems 1+, 1, and 3 as well as manufacturers thave been trespassed ot are undertaking tasks under Systems 2+ and 4 shall consider wthere a grave error or the intention to cheat has been detected, the notified body shall refuse issuing a certificate for at least one year or withdraw the certificate whilst permitting issuing a new one only after one year European Technical Assessment issued for the product in question as the assessment of the performance of that product. Notified bodies and manufacturers shall therefore undertake the tasks referred to in points 1.(b)(ii), 2.(b)(ii), 3.(a)(i), 5.(a)(i) and 6(a)(i), respectively, only where there is evidence that these have not or not appropriately been executed by the TAB.