BETA

123 Amendments of Carlo FIDANZA related to 2022/0094(COD)

Proposal for a regulation
Recital 2

(2) In order for a construction product covered by a harmonised technical specification to be placed on the market, the manufacturer is obliged to draw a declaration of performance for such product. The manufacturer assumes the responsibility for the conformity of the product with such declared performance. ~~Certain exemptions to this obligation are provided.~~

2022/12/20
Committee: IMCO

(17) Construction products placed on the market in the outermost regions of the European Union are often imported from neighbouring countries, and are therefore not subject to requirements laid down in Union law. Subjecting those construction products to such requirements would be disproportionately costly. At the same time, construction products manufactured in the outermost regions hardly circulate in other Member States. Accordingly, Member States should have the possibility to exempt construction products placed on the market or directly installed in the outermost regions of the European Union from those requirements.deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
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 3years, laying down a list of product groups for which it plans to adopt requirements and standardisation requests.

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 1 – introductory part

This Regulation establishes harmonised rules for the placing of and making available on the market ~~and direct installation of construction products, regardless of whether undertaken in the framework of a service or not,~~of construction products by establishing:

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) rules on how to express the ~~environmental, including climate, and safety~~ performance of construction products in relation to their essential characteristics;

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – introductory part

This Regulation shall apply to construction products ~~and to the following items:~~

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point a

~~(a) 3D-datasets placed on the market to permit the 3D-printing of construction products covered by this Regulation and 3D-printed construction products and moulds;~~deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point b

~~(b) materials intended to be used for the 3D-printing of construction products on or close to the construction site or for the manufacturing using moulds on or close to the construction site;~~deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point e

~~(e) parts or materials intended to be used for products covered by this Regulation, if the manufacturer of those parts or materials so requests;~~deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point g

~~(g) prefabricated one-family-houses of less than 180 m2 surface floor space with one floor or of less than 100 m2 surface floor space on two floors.~~deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 2

~~Member States may decide not to apply this Regulation for the houses referred to in point (g) by notification to the Commission.~~deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 2 – introductory part

2. This Regulation shall also apply to used construction products ~~and to used items referred to in paragraph 1 in any of the following cases:~~intended to be placed on the market.

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 2 – point a

~~(a) those used construction products or items are imported from third countries without having been placed on the Union market before;~~deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 2 – point b

(b) the economic operator has changed the intended use of those used construction products or items from the intended use assigned to those construction products or items by the initial manufacturer in another way than by a reduction in terms of performance or intended uses or to mere decoration” purposes, those purposes being defined by the absence of any structural function for the construction works;deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 2 – point c

(c) the economic operator making the used construction products or items available on the market claims for them characteristics or the fulfilment of product requirements set out in Annex I, additional to or different from the characteristics and requirements declared pursuant to this Regulation or Regulation (EU) 305/2011 when the used construction product or item was first placed on the market;deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 2 – point d

~~(d) the used construction products or items have been subject to a transformative process going beyond repair, cleaning and regular maintenance (‘remanufactured product’);~~deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 3 – point a a (new)

(a a) photovoltaic elements other than building-integrated photovoltaic (BIPV) elements.

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 3 – point d

~~(d) sanitary appliances;~~deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 3 – point e

~~(e) traffic signalling products.~~deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 5

5. Member States may exempt from the application of this Regulation construction products ~~and items~~ covered by this Regulation that are placed on the market ~~or directly installed~~ in the outermost regions of the European Union in the meaning of Article 349 of the Treaty on the Functioning of the European Union, with the exception of the Canary Islands and Madeira. Member States shall notify to the European Commission and to the other Member States the regulations providing such exemptions. They shall ensure that exempted construction products ~~or items~~ do not bear the CE marking in accordance with Article 16. Construction products or items placed on the market ~~or directly installed~~ on the basis of such exemption shall not be deemed to be placed on the market ~~or directly installed~~ in the Union in the meaning of this Regulation.

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1 – point 1

(1) ‘construction product’ means any ~~formed or formless physical item, including its packaging and instructions for use, or a kit or assembly combining such items~~good, or a kit, that is placed on the market or ~~produced~~supplied to the construction site 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~~;

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1 – point 3

(3) ‘product’ means a ~~construction product or other~~n item covered by this Regulation in accordance with Article 2(1) to (3);

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1 – point 4

(4) ‘making available on the market’ means any supply of a product for distribution or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge~~, regardless whether in the framework of providing a service or not~~;

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1 – point 6

(6) ‘performance’ means the degree to which a product has certain scalable or binary essential characteristics;

2022/12/20
Committee: IMCO

Proposal for a regulation
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;

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1 – point 9

(9) ‘economic operator’ means the manufacturer, the authorised representative, the importer, the distributor, the fulfilment service provider, the 3D- printing service provider, manufacturer, importer or distributor of materials intended for 3D-printing of products, online seller, the broker, the supplier, the service provider, the own-brand-labeller or any other natural or legal person, other than authorities, notified bodies, technical assessment bodies and product contact points for constructionany other natural or legal person, who is subject to this Regulation in relation to the manufacturing, ~~de-installation for re-use,~~ re-manufacturing or repackaging of products, or making those products available on the market or installing those products directly in accordance with this Regulation, and economic operators as defined in Article 3, point (13) of Regulation (EU) 2019/1020 of the European Parliament and of the Council44 ; _________________ 44 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1)and placing or making available on the market of construction products.

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1 – point 10

(10) ‘3D-printing service provider’ means any natural or legal person offering, in the course of a commercial activity, one of the following services: renting or leasing out 3D-printers, printing out 3D-printing datasets, or brokering one of these services, regardless of whether the printing material is provided by that person or not;deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1 – point 11

(11) ‘materials intended for 3D- printing of products’ means any material intended or the 3D-printing of products for which the respective economic operators have not explicitly and consistently excluded the use as materials for 3D-printing;deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1 – point 12

(12) ‘manufacturer’ ~~means a manufacturer~~ as defined in Article 3, point (8), of Regulation (EU) 2019/1020; means any natural or legal person who manufactures a product or has a product designed or manufactured, and markets that product under its name or trademark.

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1 – point 13

~~(13) ‘3D-datasets’ means a set of numerical data describing the shape of an object by its outer dimensions and its cavities in view of permitting the 3D- printing of that object;~~deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1 – point 14

(14) ‘construction works’ means buildings and civil engineering works that may both be over or in the ground or water, including bridges, tunnels, pylons and other facilities for transport of electricity, communication cables, pipelines, aqueducts, dams, airports, ports, water ways, and installations which are the basis for rails of railways, but excluding wind mills, oil platforms or chemical plants, ~~industry manufacturing installations,~~ agricultural installations, electricity generation installations, military installations, whilst their shelters may be buildings;

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1 – point 19

(19) ‘placing on the market’ means the first making available of a product on the Union market ~~or the first making available of a used product where any of the conditions of Article 2(2) are fulfilled or of a remanufactured product;~~

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1 – point 26

(26) ‘repair’ means the process of ~~return~~fixing 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;

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1 – point 27

(27) ‘maintenance’ means an action carried out to retain a product in a condition where it is able to function as ~~requir~~specified;

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1 – point 28 a (new)

(28 a) ’transformative process’ means a standardised industrial process that takes place within industrial or factory settings, in which cores are restored to original as- new condition and performance, or better;

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1 – point 31

(31) ‘product type’ means the abstract model of individual products, de~~term~~fined by the intended use and a set of characteristics which exclude any variation with regard to performance or to the fulfilment of 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 typsame set of declared performances;

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1 – point 36

(36) ‘product category’ means a subset of the product types of a certain product family encompassing those product types which have in common a certain intended use as specified in harmonised technical specifications ~~or European assessment documents;~~

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1 – point 37

(37) ‘factory production control’ means the documented, permanent and internal production control ~~in a factory~~ with regard to certain parameters or quality aspects, reflecting the specificities of a respective product family or a group and manufacturing processes, and which aim at the constancy of performance or of continuous fulfilment of product requirements, executed in accordance with Annex V;

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1 – point 38

(38) ‘harmonised zone’ means the sphere jointly covered by this Regulation, the harmonised ~~technical specifications, and the Commission~~standards and delegated and implementing acts of general applicability adopted pursuant this Regulation;

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1 – point 42

(42) ‘individually manufactured’ means that, due to the specifications of the client, there is a ~~variation in terms of~~need for readjustment of the production equipment for their manufactur~~ing method~~e when compared with all other products produced for other clients by the economic operator in question;

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1 – point 44

(44) ‘custom-made’ means that, due to the specifications of the client, there is a variation in terms of non-clustered size or material when compared with all other products produced for other clients by the economic operator in question.

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1 – point 45

(45) ‘permalink’ means an internet link to a website which is stable for a duration of 10 years after the last placing of the product on the market, both for its content and the address (“URL”);

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1 – point 45 a (new)

(45 a) ‘construction product passport’ means a set of performance data and information specific to a construction product that is accessible via electronic means through a data carrier and which shall be stored with the documentation of the construction works, e.g. in buildinglogbooks

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1 – point 45 b (new)

(45 b) ‘data carrier’ means a linear bar code symbol, a two-dimensional symbol or other automatic identification data capture medium in accordance with [Article 9 (c)of the ESPR] that can be read by a device;

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1 – point 46

(46) ‘harmonised ~~technical~~standards specifications’ means construction products standards established in accordance with Article 4(2) the reference of which has been published in the Official Journal in accordance with Article 34 and thereby were rendered mandatory for purposes of application of this Regulation, and delegated acts adopted in accordance with Article 4(3) and (4), Article 5(2), or Article 22(4) that contain technical prescriptions;

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1 – point 46 a (new)

(46 a) ‘harmonised technical specifications’ means harmonised standards and European Assessment Documents;

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1 – point 52

(52) ‘non-series process’ means a process that is neither prevailingly automated or produced using assembly- line techniques, nor repeated more than 100 times per year by the economic operator in question or the economic operators belonging to the same group of companies, defined by a common controlling natural or legal person, or the same organisational structure;deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1 – point 58

(58) ‘own-brand-labeller’ means any natural or legal person other than the manufacturer who wishes to sell a product as his own and therefore affixes his name, trade-mark or label in addition to the mandatory inscriptions of other economic operators;deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1 – point 60

(60) ‘service provider’ means any natural or legal person providing a service to a manufacturer or to a supplier of a key part, provided that the service is relevant for the manufacturing of products, including their design;deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1 – point 71 a (new)

(71 a) service life is the time a construction product is expected to maintain its performances under a set of in-use conditions

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1

The essential characteristics ~~spec~~identified in accordance with paragraph 1 orand the essential environmental characteristics listed in Annex I Part ~~A Point 2~~B and the methods for their assessment shall be laid down in standards which ~~are rendered mandatory for~~for the purposes of the 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~~ are rendered mandatory by means of delegated acts referred to in the third subparagraph.

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2

The Commission ~~may~~shall 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.

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 4 – paragraph 3 – point a

(a) there are undue 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 out in the standardisation request;deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 4 – paragraph 3 – point b

~~(b) there is an urgency for the adoption of more harmonised technical specifications that cannot be matched with standards referred to in the first subparagraph of Article 4(2) alone;~~deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
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;deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
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.~~deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 4 – paragraph 4 – point a

~~(a) threshold levels and classes of performance in relation to the essential characteristics and which of the essential characteristics may or shall be declared by manufacturers;~~deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 4 – paragraph 4 – point b

~~(b) conditions under which a product shall be deemed to satisfy a certain threshold level or to qualify for a class of performance without testing or without further testing.~~deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 5 – paragraph 2

2. ~~In order to~~When specifying 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 specify~~may definge, for particular product families and categories, which of these product requirements ~~and by laying~~shall apply to this product family or category and lay down the corresponding assessment methods. Once the Commission has specified these product requirements by delegated acts, it ~~may~~shall 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~~.

2022/12/20
Committee: IMCO

Proposal for a regulation
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 ~~may~~shall 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.

2022/12/20
Committee: IMCO

Proposal for a regulation
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

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 6 – title

Assessment and verification systems ~~and their product specific modalities~~

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 6 – paragraph 1 a (new)

1 a. Assessment and verification measures shall be defined together with harmonised technical specifications depending on the intended use and on the basis of clear, comprehensible and transparent criteria.

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 7 – paragraph 1

1. The harmonised zone shall be presumed to be comprehensive, covering all ~~potential~~information requirements notified in accordance with Directive (EU) 2015/1535 for products other than those covered by other Union law.

2022/12/20
Committee: IMCO

Proposal for a regulation
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:

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 9 – paragraph 1

1. Where a construction product is covered by a harmonised ~~technical specification~~standard adopted in accordance with Article 4~~(2) or (3~~a(7), the manufacturer shall undergo the applicable assessment and verification system set out in Annex V and draw up a declaration of performance before such a product is placed on the market. A manufacturer of a product which is not covered by any harmonised ~~technical specification~~standard may issue a declaration of performance in accordance with the relevant European assessment document and European technical assessment.

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 11 – paragraph 2 a (new)

2 a. Where the manufacturer issues a declaration of performance in accordance with a European assessment document and European technical assessment, the declaration of performance shall at least at cover the performances of all characteristics addressed by the European technical assessment.

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 12 – paragraph 2

2. Where there is no declaration of performance available for a used product issued by the initial manufacturer or another economic operator pursuant to this Regulation or Regulation (EU) 305/2011, an economic operator may issue a new declaration of performance without undergoing a full procedure in accordance with this Regulation where it limits the intended use to “decoration”. Where the economic operator has used this derogation, the declaration of performance shall be labelled “declaration of performance for used product with decorative purposes”.

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2

~~The manufacturer shall supply a paper copy of the declarations if the recipient requests for such paper copy.~~deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 15 a (new)

Article 15 a Construction product passport 1. The construction product passport is the equivalent to the digital product passport in accordance with article 8 of [the ESPR]. 2. The construction product passport consists of (a) the combined declaration of performance and conformity and (b) the product requirements laid down in Annex I Part D. 3. The construction product passport shall be accessible via electronic means through a data carrier, which shall follow the CE marking. 4. The following data carriers may be used to access the construction product passport (a) QR code; (b) Bar code; (c) RFID chip; (d) Permalink 5. The construction product passport and its information shall be accessible to all economic operator, clients, users and authorities accessing it through the data carrier that follows the CE marking. 6. The construction product passports may only be updated by the manufacturer of the respective construction product. 7. Construction product passports shall be made accessible on the manufacturer’s website or an online platform chosen by the manufacturer of the respective products for making the product passports available on its behalf. 8. Construction product passports shall remain available for 10 years after the placing on the market of the respective construction product. 9. Once a construction product is placed on the market the information in the construction product passport connected to it must not be modified. 10. The Commission is empowered to adopt delegated acts in accordance with Article 87 to amend the fourth subparagraph of this Article in light of technical and scientific progress.

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 15 b (new)

Article 15 b General requirements for the construction product passport 1. A construction product passport shall meet the following conditions: (a) it shall be connected through a data carrier to the unique identification code of the product-type; (b) the data carrier shall be physically present on the product, its packaging or on documentation accompanying the product, in accordance with Article 17 (1); (c) the data carrier shall comply with standard (‘ISO/IEC’) 15459:2015; (d) all information included in the construction product passport shall be based on open, standards, developed with an inter-operable format and shall be machine-readable, structured, and searchable, in accordance with the essential requirements set out in Article 15c (new); (e) the information included in the construction product passport shall refer to the product corresponding to the unique identification code of the product- type; (f) the access to information included in the construction product passport shall be regulated in accordance with the essential requirements set out in Article 15c (new). The Commission is empowered to adopt delegated acts in accordance with Article 87 to amend the first subparagraph, point (c), of this Article in light of technical and scientific progress by replacing the standard referred to in that point or adding other European or international standards with which the data carrier and the unique identifiers shall comply for the purposes of meeting the conditions set out in this Article. 2. The economic operator placing the product on the market shall provide dealers with a digital copy of the data carrier to allow the dealer to make it accessible to customers where they cannot physically access the product. The economic operator shall provide that digital copy free of charge and within 5 working days of the dealer’s request.

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 15 c (new)

Article 15 c Technical design and operation of the construction product passport The technical design and operation of the construction product passport shall comply with the following essential requirements: (a) construction product passports shall be fully interoperable with other construction product passports in relation to the technical, semantic and organisational aspects of end-to-end communication and data transfer; (b) the data included in the construction product passport shall be stored by the manufacturers responsible for its creation or by operators authorised to act on their behalf; (c) if the data included in the construction product passport is stored or otherwise processed by operators authorised to act on their behalf, those operators shall not be allowed to sell, re- use or process such data, in whole or in part, beyond what is necessary for the provision of the relevant storing or processing services; (d) the construction product passport shall remain available for 10 years after the last placing on the market of the respective construction product, including after an insolvency, a liquidation or a cessation of activity in the Union of the economic operator that created the product passport; (e) data authentication, reliability and integrity shall be ensured; (f) construction product passports shall be designed and operated so that a high level of security and privacy is ensured and fraud is avoided.

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 29 – paragraph 1

1. An economic operator de- installing used products for re-use or re- manufacturing shall establish protocols on the place, conditions and presumed length of use of the de-installed product and make them available together with the products, regardless whether it exert its activity on its own behalf or for somebody else. The economic operator shall also make the protocols available on request to authorities, to later users of these products and to owners of the construction works in which they were re- installed.deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 29 – paragraph 2

2. Where an economic operator ~~brokers, sells or otherwise~~places on the market or makes available d~~e-instal~~isassembled used products ~~on its own behalf or for somebody else~~, it shall also fulfil the obligations of importers or distributors with regard to used products.

2022/12/20
Committee: IMCO

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:

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1 – point a

(a) a harmonised ~~technical specification~~standard;

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1 – point b

(b) a harmonised technical specification intended to be adopted in the next 21 years as from the date of verification with the Commission;

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 64 – paragraph 1 – point a

(a) for one or several essential characteristics of the product, which the manufacturer places on the market, that product is deemed to achieve a certain level or class of performance without testing or calculation, or without further testing or calculation, in accordance with the conditions set out to that end in the relevant harmonised technical specification or a ~~Commission~~delegated or implementing act; or

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 64 – paragraph 1 – point b

(b) the product, covered by a harmonised technical specification, which the manufacturer places on the market is a system made of items, which the manufacturer assembles duly following precise instructions, including compatibility criteria in case of individual items, given by the provider of such a system or supplier of a component thereof, who has already tested that system or that item for one or several of its essential characteristics in accordance with the relevant harmonised technical specification. When these conditions are satisfied and when the manufacturer has notably verified that the precise compatibility criteria of the provider are met, the manufacturer is entitled to declare performance corresponding to all ~~or part of the test results for the system or the item provided to him~~test results for the system or the item provided to them; or the construction product, covered by a harmonised specification, which the manufacturer places on the market corresponds to the product-type of another construction product, manufactured by another manufacturer and already tested in accordance with the relevant harmonised standard. When these conditions are fulfilled, the manufacturer is entitled to declare performance corresponding to all or part of the test results of this other product. The manufacturer may use the test results obtained by another manufacturer only after having obtained an authorisation of that manufacturer, who remains responsible for the accuracy, reliability and stability of those test results.

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 65 – paragraph 2

~~2. The fulfilment of the requirements of this Article shall be assessed and confirmed by a TAB or a notified body.~~deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 75 – paragraph 1

MWhere a product has been found to be non-compliant market surveillance authorities shall have the right to recover from economic operators ~~in possession of a non- compliant~~who placed or made available the product o~~r from~~n the ma~~nufacturer~~rket the costs of document inspection and physical product testing with a justification of costs.

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 79 – paragraph 2 – subparagraph 1 – introductory part

Product contact points for construction shall provide, at the request of an economic operator or a market surveillance authority of another Member State, any useful product related information in a language easily understood by the majority, such as:

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 84 – paragraph 1

~~1. The Commission is empowered to supplement this Regulation by~~ delegated ~~acts according to Article 87 by establishing sustainability requirements applicable to public contracts, including implementation, monitoring and reporting of those requirements by Member States.~~

2022/12/20
Committee: IMCO

Proposal for a regulation
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, may take the form of mandatory technical specifications, selection criteria, award criteria, contract performance clauses, or targets, as appropriate.deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 84 – paragraph 3

3. When establishing requirements pursuant to paragraph 1 for public contracts, the Commission shall take into account the following criteria: (a) the value and volume of public contracts awarded for that given product family or category or for the services or works using the given product family or category; (b) the need to ensure sufficient demand for more environmentally sustainable products; (c) the economic feasibility for contracting authorities or contracting entities to buy more environmentally sustainable products, without entailing disproportionate costs.deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 85

Regulatory status of products Upon a duly substantiated request of a Member State or on its own initiative, the Commission may, by means of implementing acts, determine whether or not a specific item, or category of items, falls within the definition of ‘construction product’ or constitute an item referred to in Article 2(1). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2) of this Regulation.Article 85 deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 89 – paragraph 2 – subparagraph 1

All documentation required by Article 19(7),Article 21(3), Articles 64 to 66 and Annex V can be provided on paper or in a commonly used electronic format and in a way that permits downloads via unmodifiable links (permalinks or data- carriers).

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 90 – paragraph 2 – point d a (new)

(d a) withholding data or technical documentation that could lead to the recall of the construction product or its components or to the refusal or withdrawal of the declaration of conformity;

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 90 – paragraph 2 – point e a (new)

(e a) making false statements during the performance and conformity assessment procedures set out in Chapter VI;

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 92 – paragraph 1

Regulation (EU) 305/2011 is repealed ~~with effect from 1 January 2045~~10 years after entry into force of this Regulation.

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 93 – paragraph 3 – introductory part

3. ~~The following standards remain valid under this Regulation, as standards referred to in the first subparagraph of Article 4(2):~~All standards already cited in Official Journal of the European Union will remain valid until they are replaced by an updated version. (This amendment implies the deletion of points (a) to (c) in the Commission proposal.)

2022/12/20
Committee: IMCO

Proposal for a regulation
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.

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 93 – paragraph 6

6. The requirements set out in Chapters I, II and III applicable to economic operators with regard to a certain product group or product family shall apply ~~as from one year~~in accordance with the dates specified in the relevant delegated act after the entry into force of the harmonised technical specification covering that product group or family. However, economic operators may apply those harmonised technical specifications as from their entry into force by undergoing the procedure leading to a declaration of performance or of conformity.

2022/12/20
Committee: IMCO

Proposal for a regulation
Article 94 – paragraph 2

It shall apply as from [18 months after entry into force].

2022/12/20
Committee: IMCO

Proposal for a regulation
Annex I – Part A – point 1 – paragraph 3

These basic requirements for construction works do not constitute obligations incumbent upon economic operators or Member States. Essential characteristics related to the basic requirements of construction works are those product characteristics that are necessary to demonstrate compliance with the applicable requirements national, regional or local construction requirements, when designing and building construction works.

2022/12/20
Committee: IMCO

Proposal for a regulation
Annex I – Part A – point 1 – paragraph 4

~~The intended life span related to basic requirements for construction works shall take into account the likely impacts of the changing climate.~~deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
Annex I – Part A – point 1 – point 1.1 – paragraph 1

~~Structural integr~~Mechanical resistance and stability of construction works

2022/12/20
Committee: IMCO

Proposal for a regulation
Annex I – Part A – point 1 – point 1.1 – paragraph 2

The construction works and any part of them shall be designed, constructed, used, maintained and demolished in such a way that all relevant loads and any combinations of them are sustained and transmitted into the ground safely and without causing deflections or deformations of any part of the construction works, or movement of the ground as to impair the durability, structural resistance, serviceability and robustness of the construction works.deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
Annex I – Part A – point 1 – point 1.2 – paragraph 3 – introductory part

The construction works and the relevanyt parts of them shall be designed, constructed, used and maintained in such a way that they meet the following requirements in the case of a fire:

2022/12/20
Committee: IMCO

Proposal for a regulation
Annex I – Part A – point 1 – point 1.4 – paragraph 2

The construction works and the relevanyt parts of them shall be designed, constructed, used, and maintained ~~and demolished~~ in such a way that, throughout their life cycle, they do not present unacceptable risks of accidents or damage in service or in operation, including slipping, falling, collision, burns, electrocution, burglaries and injury from falling or breaking parts caused by external factors like extreme weather conditions or explosion.

2022/12/20
Committee: IMCO

Proposal for a regulation
Annex I – Part A – point 1 – point 1.5 – paragraph 1

~~Resistance to the passage of sound and acoustic properties of construction works~~Protection against noise

2022/12/20
Committee: IMCO

Proposal for a regulation
Annex I – Part A – point 1 – point 1.5 – paragraph 2 – introductory part

The construction works and the relevanyt parts of them shall be designed, and constructed, used, and maintained ~~and demolished~~ in such a way that they provide, throughout their life cycle, reasonable protection against adverse sound load through air or materials from other parts of the same construction work or sources outside its structure. That protection shall ensure that it:

2022/12/20
Committee: IMCO

Proposal for a regulation
Annex I – Part A – point 1 – point 1.5 – paragraph 3

The construction works and the relevanyt parts of them shall be designed, and constructed, used and maintained in such a way that they provide sufficient sound absorption and reflection where these acoustic properties are required.

2022/12/20
Committee: IMCO

Proposal for a regulation
Annex I – Part A – point 1 – point 1.6 – paragraph 2 – introductory part

The construction works and their heating, cooling, lighting and ventilation installations shall be designed, built, and maintained in such a way that, throughout their life cycle, the amount of energy they require in use is~~hall be~~ low, when account is taken of:

2022/12/20
Committee: IMCO

Proposal for a regulation
Annex I – Part A – point 1 – point 1.8 – paragraph 2 – introductory part

The construction works and the relevanyt parts of them shall be designed, constructed, used, maintained and demolished in such a way that, throughout their life cycle, the use of natural resources is sustainable and ensures the following:

2022/12/20
Committee: IMCO

(a) us~~e of~~ing by-products, raw and secondary materials of high environmental sustainability and thus with a low environmental footprint;

2022/12/20
Committee: IMCO

Proposal for a regulation
Annex I – Part C – point 1 – point 1.1 – point i

(i) risks linked to software failure in high risk products;

2022/12/20
Committee: IMCO

Proposal for a regulation
Annex I – Part C – point 1 – point 1.1 – point j

(j) risks of software manipulation in high risk products;

2022/12/20
Committee: IMCO

Proposal for a regulation
Annex I – Part C – point 1 – point 1.1 – point k

~~(k) risks of incompatibility of substances or materials;~~deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
Annex I – Part C – point 1 – point 1.1 – point l

~~(l) risks linked to the incompatibility of different items, at least one of them being a product;~~deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
Annex I – Part C – point 1 – point 1.1 – point m

~~(m) risk of not performing as intended, whilst the performance is safety relevant;~~deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
Annex I – Part C – point 1 – point 1.1 – point n

~~(n) risk of misunderstanding instructions for use in a field affecting health and safety;~~deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
Annex I – Part C – point 1 – point 1.1 – point o

~~(o) risk of unintended inappropriate installation or use;~~deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
Annex I – Part C – point 1 – point 1.1 – point p

~~(p) risk of intended inappropriate use.~~deleted

2022/12/20
Committee: IMCO

Proposal for a regulation
Annex I – Part C – point 1 – point 1.2 – paragraph 1

Harmonised technical specifications shall, as appropriate, specify these inherent product safety requirements~~, which might relate to but are in essence independent from the phase of the installation of the product into construction works~~.

2022/12/20
Committee: IMCO

Proposal for a regulation
Annex I – Part C – point 1 – point 1.2 – paragraph 2 – point a

(a) define the state of the art of possible risk reduction with regard to the respective product category~~, including the risk of incompatibility of different items, at least one of them being a product~~;

2022/12/20
Committee: IMCO

Proposal for a regulation
Annex I – Part C – point 1 – point 1.2 – paragraph 2 – point c

(c) where risk avoidance is not possible, risks shall be reduced, mitigated and addressed by requesting the manufacturer to provide warnings on the product, its packaging and in instructions for use, where such warnings are not already required by other applicable legislation;

2022/12/20
Committee: IMCO

Proposal for a regulation
Annex I – Part D – point 1 – point 1.2 – introductory part

1.2. Product description, where required by the nature of the product:

2022/12/20
Committee: IMCO

Proposal for a regulation
Annex I – Part D – point 1 – point 1.3 – introductory part

1.3. Transport, installation, maintenance, deconstruction and demolition rules, where required by the nature of the product:

2022/12/20
Committee: IMCO

Proposal for a regulation
Annex I – Part D – point 1 – point 1.3 – point a – point i

(i) potential risks of the product ~~and any reasonably foreseeable misuse thereof~~;

2022/12/20
Committee: IMCO

Proposal for a regulation
Annex I – Part D – point 1 – point 1.3 – point a – point iv

(iv) if necessary, instructions for the ~~training of the~~ installers or operators;

2022/12/20
Committee: IMCO

Proposal for a regulation
Annex II – point 2 – point a

(a) the manufacturer’s ~~products registration(s) in EU databases, and the precise location therein where the product can be found, and to his~~ own product presentation website;

2022/12/20
Committee: IMCO

Proposal for a regulation
Annex II – point 3 a (new)

3 a. Economic operator placing the used/remanufacturer placing the used/remanufactured product on the market (a) name; (b) postal address; As appropriate: (c) telephone; (d) email address; (e) website;

2022/12/20
Committee: IMCO