2022/0094(COD) New Regulation on Construction Products
Lead committee dossier:
Progress: Awaiting Council's 1st reading position
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | IMCO |
DOLESCHAL Christian ( EPP)
|
GRAPINI Maria ( S&D),
GOZI Sandro ( Renew),
GRUFFAT Claude ( Verts/ALE),
BASSO Alessandra ( ID),
FIDANZA Carlo ( ECR),
KONEČNÁ Kateřina ( GUE/NGL)
|
| Committee Opinion | BUDG | ||
| Committee Opinion | ENVI |
MATTHIEU Sara ( Verts/ALE)
|
Malin BJÖRK ( GUE/NGL),
Sirpa PIETIKÄINEN ( PPE),
Ondřej KNOTEK ( RE),
Marcos ROS SEMPERE ( S&D)
|
| Committee Opinion | ITRE |
ARIMONT Pascal ( EPP)
|
Iskra MIHAYLOVA ( RE),
Bronis ROPĖ ( Verts/ALE),
Beata SZYDŁO ( ECR),
Ivan DAVID ( ID),
Marcos ROS SEMPERE ( S&D)
|
Lead committee dossier:
Legal Basis:
RoP 57, TFEU 114
Legal Basis:
RoP 57, TFEU 114Subjects
Events
2024/04/10
EP - Text adopted by Parliament, 1st reading/single reading
Documents
2024/04/10
EP - Decision by Parliament, 1st reading
Documents
2024/02/13
EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
Documents
2024/02/02
CSL - Coreper letter confirming interinstitutional agreement
Documents
2024/02/02
EP - Text agreed during interinstitutional negotiations
Documents
2023/07/11
EP - Results of vote in Parliament
Documents
2023/07/11
EP - Decision by Parliament, 1st reading
Details
The European Parliament adopted, by 498 votes to 124 with 16 abstentions, European Parliament amendments to the proposal for a regulation of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products, amending Regulation (EU) 2019/1020 and repealing Regulation (EU) 305/2011.
The matter was referred back to the committee responsible for inter-institutional negotiations.
Purpose of the Regulation
The revised Construction Products Regulation (CPR) should:
- lay down conditions for the placing and making available on the market of construction products defining harmonised rules for expressing the environmental and safety performance and life-cycle assessment of construction products in relation to their essential characteristics;
- establish obligations incumbent on economic operators dealing with construction products or their components or with double use products, including the de-installation and reuse of those products.
This Regulation contributes to the efficient functioning of the internal market by ensuring the free movement of safe and sustainable construction products in the Union and to the objectives of a green and digital transition by preventing and reducing the impact that construction products have on the environment and on the health and safety of people.
‘ Construction product’ means any product or a kit which is produced and placed on the market or supplied to the construction site for incorporation in a permanent manner in construction works or parts thereof within the Union, including 3D-printed products or other items covered by this Regulation.
Reducing complexity
The CPR is a piece of legislation that should be understandable and implementable by economic actors throughout the value chain . The amendments therefore aim to clarify, reduce bureaucratic burden and - in same cases - delete provisions that present a real risk of regulatory overreach.
Legislators should be careful not to create uncertainty by introducing unnecessary adjustments.
Division of powers
Members believe that Member States should set the safety level of construction works in accordance with their responsibilities to their citizens, while the EU sets the framework conditions for the internal market. Member States should remain competent to adopt provisions relating to construction works.
Essential characteristics of products
The essential characteristics of construction products should be identified by the Commission, taking into account the regulatory needs of the Member States and Union safety, environmental, circularity and climate objectives.
Members consider that priority should be given to the elaboration of standards . The Commission should be able to supplement the Regulation by adopting delegated acts where this is genuinely necessary in the interests of the internal market: for example, in the event of unjustified delays in adopting standards, where there is an urgent need to adopt standards or where essential characteristics are not covered by the standard.
CE marking
A CE marking should be sufficient proof of the conformity of a product with the characteristics and requirements laid down by this Regulation. Member States should not therefore introduce any barriers to their markets based on characteristics and requirements that are not covered by the harmonised zone.
Construction products standards
Construction products standards should be established by the European standardisation organisations on the basis of a standardisation request issued by the Commission. The Commission should adopt implementing acts laying down a clear and stable set of rules for the whole standardisation process including roles, responsibilities, competences and the general procedural deadlines for all stakeholders involved as well as templates to be used.
Digital gateway
To facilitate this communication, Member States should register in the Single Digital Gateway all their national regulatory and administrative measures directly or indirectly influencing the usability of construction products on their territory.
Supply of the declaration of performance and of the declaration of conformity
To simplify supply chain communication, declarations of performance and declarations of conformity should additionally be made available in a machine-readable format . This would allow the user via an app to check conformity with the application rules of the Member State where the product is used. An important prerequisite for machine-readable declarations is a standardised IT format, which is required for each harmonised technical specification.
Obligations of all economic operators
The economic operator should be able to present all documentation, including the declaration of performance and the declaration of conformity, to the authorities using the digital construction products passports.
Unless the safety of the products or the safety of the construction works is adversely affected, the manufacturer would be subject to the following obligations:
- design and manufacture products and their packaging in such a way that the protection of human health and their overall environmental sustainability are maximised , including for climate and biodiversity, as well as energy and resource efficiency, indoor air quality and the avoidance of substances of concern unless a lower level:
- ensure that, where technically and economically feasible and without impacting the safety of construction works, by 10 years after the adoption of performance classes in accordance with Article 4(4), point (a), or Article 5(2), all products placed on the market fall within the two highest environmental performance classes established;
- without creating unjustified barriers to the single market, give preference to local, reusable, sustainably sourced bio-based or recyclable materials, materials gained from re-use or recycling and by-products, while taking into account the environmental and climate impacts of transporting such materials;
- comply with the minimum recycled content obligations and other limit values relating to aspects of environmental sustainability, including climate sustainability, biodiversity and the efficient use of energy and resources, set out in the harmonised technical specifications;
- make available, at least in the permalinks of their own websites or by means of QR codes and in the digital product passport, relevant instructions for use.
Obligations relating to 3D printing of construction products
A natural or legal person who 3D prints construction products should (i) satisfy with the obligations incumbent on manufacturers when placing their products on the market; (ii) use the appropriate 3D data sets; (iii) ensure that the materials used have undergone the procedures applicable to products under the Regulation; (iv) ensure that the information provided by the manufacturer of the 3D data set and the information provided by the manufacturer of the printing equipment coincide.
Establishment of a digital passport for construction products
Members introduced a new article stipulating that the Commission should adopt delegated acts to establish a digital passport for construction products. The digital passport should contain the declaration of performance or the combined declaration of performance and conformity, product information and technical documentation.
The digital passport should be accessible free of charge to all economic operators , customers, users and authorities by means of QR codes, a bar code, an RFID chip or a permalink.
The digital passports should be accessible on the manufacturer's website, in its database or on an online platform chosen by the manufacturer of the products concerned for ten years after the last product has been placed on the market. The Commission should establish and maintain a register storing the information contained in the construction product passports by means of delegated acts.
Legal and planning certainty for the transition period
While the Commission proposes that Regulation (EU) 305/2011 be repealed with effect from 1 January 2045, Members propose that that Regulation be repealed with effect from the date of entry into force of this Regulation, with some exceptions which would be repealed with effect from 10 years after its date of entry into force.
Parliament proposed that the Commission should establish, no later than six months after entry into force, a working plan for transition and standardisation priorities covering at least the following three-year period. The work plan should be publicly available, regularly updated and contain a list of product families considered to be priorities for issuing standardisation requests.
Documents
2023/07/11
EP - Matter referred back to the committee responsible
2023/06/02
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on the Internal Market and Consumer Protection adopted the report by Christian DOLESCHAL (EPP, DE) on the proposal for a regulation of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products, amending Regulation (EU) 2019/1020 and repealing Regulation (EU) 305/2011.
The committee responsible recommended that the position of the European Parliament adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Purpose of the Regulation
The revised Construction Products Regulation (CPR) should:
- lay down conditions for the placing and making available on the market of construction products defining harmonised rules for expressing the environmental and safety performance and life-cycle assessment of construction products in relation to their essential characteristics;
- establish obligations incumbent on economic operators dealing with construction products or their components or with double use products, including the de-installation and reuse of those products.
This Regulation contributes to the efficient functioning of the internal market by ensuring the free movement of safe and sustainable construction products in the Union and to the objectives of a green and digital transition by preventing and reducing the impact that construction products have on the environment and on the health and safety of people.
‘ Construction product ’ means any product or a kit which is produced and placed on the market or supplied to the construction site for incorporation in a permanent manner in construction works or parts thereof within the Union, including 3D-printed products or other items covered by this Regulation.
Reducing complexity
The CPR is a piece of legislation that should be understandable and implementable by economic actors throughout the value chain. The amendments therefore aim to clarify, reduce bureaucratic burden and - in same cases - delete provisions that present a real risk of regulatory overreach.
Legislators should be careful not to create uncertainty by introducing unnecessary adjustments.
Division of powers
Members believe that Member States should set the safety level of construction works in accordance with their responsibilities to their citizens, while the EU sets the framework conditions for the internal market. Member States should remain competent to adopt provisions relating to construction works. The harmonised zone should also apply to public contracts, grants or other positive incentives with the exception of fiscal incentives.
Essential characteristics of products
The essential characteristics of construction products should be identified by the Commission, taking into account the regulatory needs of the Member States and Union safety, environmental, circularity and climate objectives.
Members consider that priority should be given to the elaboration of standards .
The Commission should be able to supplement the Regulation by adopting delegated acts where this is genuinely necessary in the interests of the internal market: for example, in the event of unjustified delays in adopting standards, where there is an urgent need to adopt standards or where essential characteristics are not covered by the standard.
Product information requirements
All construction products covered by this Regulation should, prior to their placing on the market, satisfy the product information requirements set out in Annex I Part C3. The product information requirements set out in Annex I Part C3 may be specified for the respective product family or category by means of delegated acts adopted by the Commission or by means of standards following a standardisation request made by the Commission.
Construction products standards
Construction products standards should be established by the European standardisation organisations on the basis of a standardisation request issued by the Commission. The Commission should adopt implementing acts laying down a clear and stable set of rules for the whole standardisation process including roles, responsibilities, competences and the general procedural deadlines for all stakeholders involved as well as templates to be used.
Digital gateway
To facilitate this communication, Member States should register in the Single Digital Gateway all their national regulatory and administrative measures directly or indirectly influencing the usability of construction products on their territory.
Supply of the declaration of performance and of the declaration of conformity
To simplify supply chain communication, declarations of performance and declarations of conformity should additionally be made available in a machine-readable format . This would allow the user via an app to check conformity with the application rules of the Member State where the product is used. An important prerequisite for machine-readable declarations is a standardised IT format, which is required for each harmonised technical specification.
Obligations of all economic operators
The economic operator should be able to present all documentation, including the declaration of performance and the declaration of conformity, to the authorities using the digital construction products passports.
Unless the safety of the products or the safety of the construction works is adversely affected, the manufacturer would be subject to the following obligations:
- design and manufacture products and their packaging in such a way that the protection of human health and their overall environmental sustainability are maximised, including for climate and biodiversity, as well as energy and resource efficiency, indoor air quality and the avoidance of substances of concern unless a lower level:
- ensure that, where technically and economically feasible and without impacting the safety of construction works, by 10 years after the adoption of performance classes in accordance with Article 4(4), point (a), or Article 5(2), all products placed on the market fall within the two highest environmental performance classes established;
- without creating unjustified barriers to the single market, give preference to local, reusable, sustainably sourced bio-based or recyclable materials, materials gained from re-use or recycling and by-products, while taking into account the environmental and climate impacts of transporting such materials;
- comply with the minimum recycled content obligations and other limit values relating to aspects of environmental sustainability, including climate sustainability, biodiversity and the efficient use of energy and resources, set out in the harmonised technical specifications;
- make available, at least in the permalinks of their own websites or by means of QR codes and in the digital product passport, relevant instructions for use.
Establishment of a digital passport for construction products
Members introduced a new article stipulating that the Commission should adopt delegated acts to establish a digital passport for construction products. The digital passport should contain the declaration of performance or the combined declaration of performance and conformity, product information and technical documentation.
The digital passport should be accessible free of charge to all economic operators, customers, users and authorities by means of QR codes, a bar code, an RFID chip or a permalink.
The digital passports should be accessible on the manufacturer's website, in its database or on an online platform chosen by the manufacturer of the products concerned for ten years after the last product has been placed on the market. The Commission should establish and maintain a register storing the information contained in the construction product passports by means of delegated acts.
Legal and planning certainty for the transition period
While the Commission proposes that Regulation (EU) 305/2011 be repealed with effect from 1 January 2045, Members propose that that Regulation be repealed with effect from the date of entry into force of this Regulation, with some exceptions which would be repealed with effect from 10 years after its date of entry into force.
Members proposed that the Commission should establish, no later than six months after entry into force, a working plan for transition and standardisation priorities covering at least the following three-year period. The work plan should be publicly available, regularly updated and contain a list of product families considered to be priorities for issuing standardisation requests.
Documents
2023/05/23
EP - Vote in committee, 1st reading
2023/05/15
EP - Committee opinion
Documents
2023/02/09
EP - Committee opinion
Documents
2022/12/21
PT_PARLIAMENT - Contribution
Documents
2022/12/20
EP - Amendments tabled in committee
Documents
2022/12/20
EP - Amendments tabled in committee
Documents
2022/12/20
EP - Amendments tabled in committee
Documents
2022/11/14
EP - Committee draft report
Documents
2022/10/26
ESC - Economic and Social Committee: opinion, report
Documents
2022/09/15
EP - Referral to associated committees announced in Parliament
2022/09/05
EP - MATTHIEU Sara (Verts/ALE) appointed as rapporteur in ENVI
2022/05/18
EP - Committee referral announced in Parliament, 1st reading
2022/05/05
EP - ARIMONT Pascal (EPP) appointed as rapporteur in ITRE
2022/04/21
EP - DOLESCHAL Christian (EPP) appointed as rapporteur in IMCO
2022/03/31
EC - Document attached to the procedure
Documents
2022/03/31
EC - Document attached to the procedure
Documents
2022/03/31
EC - Document attached to the procedure
Documents
2022/03/31
EC - Document attached to the procedure
Documents
2022/03/30
EC - Legislative proposal published
Details
PURPOSE: to lay down harmonised rules for the making available on the market and direct installation of construction products.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: Regulation (EU) No 305/2011 of the European Parliament and of the Council (the Construction Products Regulation or CPR) lays down harmonised conditions for the marketing of construction products. The CPR ensures the smooth functioning of the single market and the free movement of construction products in the EU. It does so through harmonised technical specifications, which provide for a common technical language on how to test and communicate the performance of construction products (e.g. reaction to fire, thermal conductivity or sound insulation).
In order to contribute to the objectives of the European Green Deal and the Circular Economy Action Plan, and to ensure safe construction products, inherent product requirements related to safety, functionality and protection of environment, including climate, are necessary.
CONTENT: the proposed Regulation seeks to achieve a well-functioning single market for construction products ; and to make the framework apt to contribute to the objectives of the green and digital transition, particularly the modern, resource-efficient and competitive economy.
Its specific objectives aim to:
- unblock the technical harmonisation system;
- reduce national barriers to trade for products covered by the CPR;
- improve enforcement and market surveillance;
- provide more clarity (more comprehensive definitions, reducing overlaps, collision rules with other legislation) and simplification;
- reduce the administrative burden, including through simplification and digitalisation;
- ensure safe construction products;
- contribute to reducing the overall climate and environmental impact of construction products, including through the application of digital tools (Digital Product Passport).
The proposal:
- improves the standardisation process which has been underperforming and is outdated . In the absence of appropriate standardisation at the EU, environmental and safety performances of construction products are addressed in different ways at the national level, leading to a divergence in the requirements for economic operators;
- defines the scope, including construction products, 3D-printing related products and services, key parts, part or materials if requested by the manufacturer, kits or assemblies covered harmonised technical specification or EADs, pre-fabricated one-family houses;
- defines the basic work requirements and modalities to establish the essential characteristics (performance-based, e.g. recycled content) of construction products;
- empowers the Commission to adopt delegated acts defining thresholds and classes of performance in relation to the essential characteristics as well as delegated acts containing technical specifications and those concerning technical progress or to cover new risks and environmental aspects;
- defines the ‘ harmonised zone ’, as opposed to the areas under the responsibility of Member States. In addition, it sets up a mechanism to deal with Member States imperative regulatory needs on health, safety or protection of the environment, including climate;
- lays down provisions governing the declaration of performance (DoP) and its applicable exemptions (including for micro-enterprises who do no trade cross-border, under certain conditions: for remanufactured products or for parts of construction works prepared for re-use or remanufactured);
- lays down rules on declaration of conformity (DoC). To minimise the administrative burden, the DoC should be combined with the DoP. The DoP and a DoC can be supplied in an electronic format or via a permalink. They should be supplied in the languages required by the Member States where the manufacturer intends to make the product available;
- sets the general principles and conditions for the CE marking and for use of other markings;
- defines the environmental obligations for manufacturers including the obligation to declare the mandatory sustainability characteristics, the global warming potential , and performance-based requirements or the minimum recycled content ;
- provides for simplified procedures in order to reduce the administrative burden, particularly for SMEs and micro-enterprises;
- empowers the Commission to set up an EU construction products database or system to facilitate the access to product information (especially DoP, DoC and instructions for use).
Documents
Documents
- Text adopted by Parliament, 1st reading/single reading: T9-0188/2024
- Decision by Parliament, 1st reading: T9-0188/2024
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE758.887
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)000829
- Text agreed during interinstitutional negotiations: PE758.887
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T9-0253/2023
- Committee report tabled for plenary, 1st reading: A9-0207/2023
- Committee opinion: PE738.659
- Committee opinion: PE736.636
- Contribution: COM(2022)0144
- Amendments tabled in committee: PE739.670
- Amendments tabled in committee: PE739.827
- Amendments tabled in committee: PE739.828
- Committee draft report: PE738.491
- Economic and Social Committee: opinion, report: CES2765/2022
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SEC(2022)0167
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0087
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0088
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0089
- Legislative proposal published: COM(2022)0144
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SEC(2022)0167
- Document attached to the procedure: EUR-Lex SWD(2022)0087
- Document attached to the procedure: EUR-Lex SWD(2022)0088
- Document attached to the procedure: EUR-Lex SWD(2022)0089
- Economic and Social Committee: opinion, report: CES2765/2022
- Committee draft report: PE738.491
- Amendments tabled in committee: PE739.670
- Amendments tabled in committee: PE739.827
- Amendments tabled in committee: PE739.828
- Committee opinion: PE736.636
- Committee opinion: PE738.659
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)000829
- Text agreed during interinstitutional negotiations: PE758.887
- Text adopted by Parliament, 1st reading/single reading: T9-0188/2024
- Contribution: COM(2022)0144
Activities
- Christian DOLESCHAL
Plenary Speeches (2)
Votes
Nouveau règlement sur les produits de construction - A9-0207/2023 - Christian Doleschal - Article 8, après le § 1 - Am 504 #
2023/07/11 Outcome: -: 380, +: 249, 0: 10
The Left
NIA9-0207/2023 - Christian Doleschal - Article 84, § 2/1 #
2023/07/11 Outcome: +: 608, 0: 23, -: 9
A9-0207/2023 - Christian Doleschal - Article 84, § 2/2 #
2023/07/11 Outcome: +: 484, -: 145, 0: 7
A9-0207/2023 - Christian Doleschal - Après l'article 93 - Am 503 #
2023/07/11 Outcome: -: 382, +: 142, 0: 112
A9-0207/2023 - Christian Doleschal - Proposition de la Commission #
2023/07/11 Outcome: +: 498, -: 124, 0: 16
A9-0207/2023 – Christian Doleschal – Provisional agreement – Am 505 #
2024/04/10 Outcome: +: 505, 0: 78, -: 40
| Amendments | Dossier |
| 1211 |
2022/0094(COD)
2022/10/28
ENVI
278 amendments...
Amendment 100 #
Proposal for a regulation Recital 28 (28) In particular, in the case of energy- related products included in ecodesign working plans which are also construction products and for intermediary products,
Amendment 101 #
Proposal for a regulation Recital 44 (44) In view of enhancing the circularity of construction products, in line with the goals of the Circular Economy Action Plan, manufacturers sh
Amendment 102 #
Proposal for a regulation Recital 44 (44) In view of enhancing the circularity of construction products, in line with the goals of the Circular Economy Action Plan, manufacturers should favour re-use, remanufacturing and recycling of their products, as well as through appropriate use of by-products. The (preparation for) re-use, remanufacturing and recycling require certain design, namely by facilitating the separation of components and materials at the later stage of recycling and avoiding mixed, blended or intricate materials. As the usual instructions for use will not necessarily reach the economic operators in charge of (preparation for) re- use, remanufacturing and recycling, the necessary information in this regard should be made available in product databases or systems and on the manufacturer’s websites, in addition to the instructions for use.
Amendment 103 #
Proposal for a regulation Recital 44 a (new) (44 a) The use of bio-based construction products to improve the embodied carbon performance of buildings must ensure that the overall climate impacts of biomass production are included in a level-playing-field , whole lifecycle assessment approach and demonstrate lower global warming potential than alternative construction materials. Similarly, a lower relative impact is also to be demonstrated on other key environmental impact indicators such as land-use and bio-diversity. Construction material sourcing should not contribute to land use change, such as deforestation and forest degradation.
Amendment 104 #
Proposal for a regulation Recital 44 a (new) (44 a) Considering the fact that climate and environmental impacts of certain construction products are more significant than others, prioritisation of sustainability measures, both in terms of product requirements and harmonised specifications, should be clearly highlighted. Concrete is responsible for a large share of embodies emissions of the construction sector due to the large volumes in which it is consumed and should therefore be specifically tackled in this revision.
Amendment 105 #
Proposal for a regulation Recital 44 b (new) (44 b) Given their significant impacts on our carbon budget and environment, construction products should be subject to the same level of stringency as other products covered by the Ecodesign for Sustainable Products Regulation. Hence, the Construction Products Regulation must mirror all obligations and requirements set for other products under the Ecodesign for Sustainable Products Regulation. This means that the Construction Products Regulation formally operates independently, but should be benchmarked against the Ecodesign for Sustainable Products Regulation in case it does not deliver equal provisions.
Amendment 106 #
Proposal for a regulation Recital 45 a (new) (45 a) The construction products should be due to their climate and environmental impacts subject to equal level of stringency as other products covered by the [Ecodesign for Sustainable Products Regulation]. It is therefore needed to align the CPR with the obligations and requirements set for other products under the [Ecodesign for Sustainable Products].
Amendment 107 #
Proposal for a regulation Recital 46 a (new) (46 a) Considering the huge impact on our carbon budget and the environment, construction products should have the same type of requirements and level of stringency as products covered by the[Sustainable Product Ecodesign Regulation]. Therefore, the CPR should reflect the similar obligations and requirements set for other products under the[Sustainable Product Ecodesign Regulation]. While the CPR formally operates independently, it should be aligned with the SPR to provide equal provisions.
Amendment 108 #
Proposal for a regulation Recital 47 Amendment 109 #
Proposal for a regulation Recital 47 Amendment 110 #
Proposal for a regulation Recital 47 (47) In order to be able to make informed choices, users of construction products should be sufficiently well informed about the environmental performances of products, about their conformity with environmental requirements and of the degree of fulfilment of manufacturer’s environmental obligations in this regard. Therefore, the Commission is empowered to adopt delegated acts to establish specific reporting based on environmental product declarations (EPDs) as well as and labelling requirements which might include the easily understandable traffic light labelling.
Amendment 111 #
Proposal for a regulation Recital 90 (90) In order to enhance the use of sustainable construction products whilst avoiding market distortions and to reach alignment with the Ecodesign for Sustainable Products Regulation, Member States’ public procurement practice should target the most sustainable amongst the compliant products. Requirements applicable to public procurement contracts set out by
Amendment 112 #
Proposal for a regulation Article 1 – paragraph 1 – introductory part This Regulation establishes harmonised rules for the making available on the market
Amendment 113 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) harmonised rules on how to express the
Amendment 114 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) rules on how to express the overall environmental, including climate
Amendment 115 #
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
Amendment 116 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) environmental,
Amendment 117 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) environmental, including climate, functional and safety product requirements for construction products throughout all the value chain, from the production until the application as a building component and in line with the recomendations made in the recast of the Energy Performance Building Directive.
Amendment 118 #
Proposal for a regulation Article 1 – paragraph 1 a (new) The objectives of this Regulation are to contribute to the efficient functioning of the internal market and ensuring the safety of construction products, while making sustainable construction products becoming the norm by preventing and reducing the adverse impacts of construction products on the environment and the health and safety of workers, towards a carbon-neutral, environmentally sustainable, toxic-free and fully circular economy within planetary boundaries by 2050 at the latest.
Amendment 119 #
Proposal for a regulation Article 1 – paragraph 2 This Regulation also establishes obligations incumbent on economic operators dealing with construction products or their components
Amendment 120 #
Proposal for a regulation Article 2 – paragraph 3 – point d Amendment 121 #
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 or the environmental characteristics which have been listed in Annex I Part A Point 2;
Amendment 122 #
Proposal for a regulation Article 3 – paragraph 1 – point 63 (63) ‘life cycle’ means the consecutive and interlinked stages of a product’s life, from raw material acquisition or generation from natural resources over manufacturing, de-installation, possibly reuse with or
Amendment 123 #
Proposal for a regulation Article 3 – paragraph 1 – point 71 a (new) (71 a) 'Recyclable material´ means a characteristic of a product, packaging or associated component that can be diverted from the waste stream through available processes and programmes and can be collected, processed and returned to use in the form of raw materials or products;
Amendment 124 #
Proposal for a regulation Article 3 – paragraph 1 – point 71 b (new) (71 b) ‘recyclability’ means the ability of waste materials or products to be effectively and efficiently separated, collected, sorted and aggregated as defined waste streams in preparation for recycling, and then recycled through relevant industrial processes and reprocessed into recycled materials or products, whilst minimising quality or functionality losses compared to the original material or product;
Amendment 125 #
Proposal for a regulation Article 3 – paragraph 1 – point 71 a (new) (71 a) ‘by-product’ means aby-product as defined in Article 5 of Directive 2008/98/EC.
Amendment 126 #
Proposal for a regulation Article 3 – paragraph 1 – point 71 c (new) (71 c) ‘by-product’ means a by-product as defined in Article 5 of Directive 2008/98/EC.
Amendment 127 #
Proposal for a regulation Article 3 – paragraph 1 – point 71 d (new) (71 d) ‘substance of concern’ means a substance of concern as defined in Article 2, point (28), of Regulation (EU) ... [Regulation on ecodesign for sustainable products];
Amendment 128 #
Proposal for a regulation Article 3 – paragraph 1 – point 71 e (new) (71 e) ‘permanent material’ is a material for which the inherent properties do not change during use and regardless of repeated recycling into new products. Inherent properties relate to the physical and chemical properties of the material e.g. chemical bonds. Material stewardship is also an important aspect of maintaining permanent material cycles;
Amendment 129 #
Proposal for a regulation Article 3 – paragraph 1 – point 71 a (new) (71 a) “embodied carbon” means the carbon emissions associated with materials and construction processes throughout the whole lifecycle of a building, either upfront during the initial construction process or during the use of the building to repair or replace building elements.
Amendment 130 #
Proposal for a regulation Article 3 – paragraph 1 – point 71 b (new) (71 b) ‘nature-based solutions’ means to reinforce in a holistic manner, in accordance with recital 8 in the recast of the Energy Performance Building Directive, the good use and adaptation of the public space surrounding the buildings.
Amendment 131 #
Proposal for a regulation Article 3 – paragraph 1 – point 71 c (new) Amendment 132 #
Proposal for a regulation Article 4 – paragraph 1 1. The basic requirements for construction works, set out in Annex I Part A
Amendment 133 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 1 The essential characteristics specified in
Amendment 134 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 1 The essential characteristics specified in accordance with paragraph 1
Amendment 135 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 1 The essential characteristics
Amendment 136 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 2 The Commission
Amendment 137 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 2 The Commission
Amendment 138 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 3 Amendment 139 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 3 The respective standardisation requests may also include a request that the European standardisation organisation determine in the standards referred to in the first subparagraph the voluntary or mandatory threshold levels and classes of performance in relation to the essential characteristics
Amendment 140 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 4 Amendment 141 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 4 a (new) The essential characteristics covering sustainable use of natural resources and environmental aspects listed in Annex I Part A Point 1 paragraph1(8) and Point 2, including the methods for their assessment under art. 22(1),shall be covered by delegated acts in accordance with article 87.
Amendment 142 #
Proposal for a regulation Article 4 – paragraph 3 – introductory part 3.
Amendment 143 #
Proposal for a regulation 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 supplement this Regulation by means of delegated acts in accordance with Article 87, by establishing, for particular product families and categories,
Amendment 144 #
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 th
Amendment 145 #
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 set to 24 months, or the relevant standard does not sufficiently fulfil the criteria described in the standardisation request;
Amendment 146 #
Proposal for a regulation Article 4 – paragraph 3 – point a a (new) (a a) the standardisation request has not been accepted by any of the European standardisation organisations;
Amendment 147 #
Proposal for a regulation Article 4 – paragraph 3 – point d Amendment 148 #
Proposal for a regulation Article 4 – paragraph 3 – point e Amendment 149 #
Proposal for a regulation Article 4 – paragraph 3 – point f (f)
Amendment 150 #
Proposal for a regulation Article 4 – paragraph 3 – subparagraph 1 (new) The Commission shall consult European standardisation organisations and relevant stakeholders prior to the adoption of the delegated acts referred to paragraph 3.
Amendment 151 #
Proposal for a regulation Article 4 – paragraph 3 a (new) 3 a. The Commission shall adopt delegated acts in accordance with Article 87 to supplement this Regulation by establishing the essential characteristics listed in Annex I Part A Point 1(8) and Point 2, including mandatory threshold levels or classes of performance and the methods for their assessment in accordance with the life cycle assessment method as laid down in harmonised EN standard 15804 and related Environmental Product Declarations to quantify the environmental impacts of products. Mandatory thresholds should be introduced in a sequencing manner after the first 5 years that the regulation will be in force.
Amendment 152 #
Proposal for a regulation Article 4 – paragraph 3 a (new) 3 a. The Commission shall adopt delegated acts in accordance with Article 87 to supplement this Regulation, through a defined timeline, by establishing the essential characteristics listed in Annex I Part A Point 1(8) and Point 2, including mandatory threshold levels or classes of performance and the methods for their assessment in accordance with the life cycle assessment method to quantify the environmental impacts of products established by Recommendation (EU) 2021/2279 or, once available, building on the method chosen under Regulation (EU) [Ecodesign for Sustainable products Regulation].
Amendment 153 #
Proposal for a regulation Article 4 – paragraph 3 a (new) 3 a. Within 12 months of the adoption of this Regulation, the Commission shall produce a report detailing where standards adopted are not in line with EU climate and environmental legislation, and detail steps to adopt delegated acts to rectify this shortcoming.
Amendment 154 #
Proposal for a regulation Article 4 – paragraph 4 – introductory part 4.
Amendment 155 #
Proposal for a regulation Article 4 – paragraph 4 – introductory part 4. In order to cover the regulatory needs of Member States and to pursue the environmental, safety and harmonisation goals of Article 114 of the Treaty on the Functioning of the European Union, the Commission is empowered to supplement this Regulation, by means of delegated acts in accordance with Article 87 and in consultation with the European standardisation organisations, by determining, for particular product families and categories, the following:
Amendment 156 #
Proposal for a regulation Article 4 – paragraph 4 – point a (a) threshold levels and classes of performance in relation to the essential characteristics
Amendment 157 #
Proposal for a regulation Article 4 – paragraph 4 – point a (a) threshold levels and classes of performance in relation to the essential characteristics, taking into account Union climate goals and which of the essential characteristics may or shall be declared by manufacturers in a transparent manner through the use of digital product passports;
Amendment 158 #
Proposal for a regulation Article 4 – paragraph 4 a (new) 4 a. The Commission shall assess the conformity with Union climate and environmental legislation, including in light of technological progress, of standards referred to in paragraph 2 and Commission acts adopted in accordance with paragraphs 3a and 4 at least every five years after the publication in the Official Journal. A negative assessments hall trigger the adoption of delegated acts referred to in Article 34(4) or in accordance with this Article.
Amendment 159 #
Proposal for a regulation Article 4 – paragraph 5 Amendment 160 #
Proposal for a regulation Article 4 – paragraph 5 5. The Commission is empowered to amend Annex I Part A by means of delegated acts in accordance with Article 87 and in consultation with the European standardization organisations, in order to adapt it to technical progress and to cover new risks and environmental aspects.
Amendment 162 #
Proposal for a regulation Article 5 – paragraph 2 2. In order to specify the product requirements, including threshold levels, set out in Annex I Part B, C and D, the Commission
Amendment 163 #
Proposal for a regulation Article 5 – paragraph 2 a (new) Amendment 164 #
Proposal for a regulation Article 5 – paragraph 2 b (new) 2 b. The Commission is also empowered to establish product requirements applicable to public contracts. Those requirements shall be based on the product parameters referred to in Annex I Part B, C and D, and established in accordance with Article 84.
Amendment 165 #
Proposal for a regulation Article 5 – paragraph 3 a (new) 3 a. For Information requirements set out in Annex I part D, manufacturers are required to disclose information in the Declaration of Conformity.
Amendment 166 #
Proposal for a regulation Article 5 a (new) Article 5 a Prioritisation and planning 1. When prioritising products for requirements under this Regulation, the Commission shall take into account their potential contribution to achieving Union climate and environmental objectives. 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 in accordance with this Regulation. In the development of the working plan, the Commission shall consult the Member States, the European Parliament and stakeholders, including civil society. The working plan shall identify and prioritise environmental hotspots per product family or category. 2. The first working plan shall, at the minimum, include the following product families: - M128 Concrete, mortar and grout - M115 Reinforcing steel - M120 Structural metallic products - M103 thermal insulating products 3. By 42 months after entry into force of the Regulation, the Commission shall for the products families referred to in the second paragraph, where appropriate, adopt delegated acts in accordance with Article 4(3a) and (4) and Article 22(4).
Amendment 167 #
Proposal for a regulation Article 5 a (new) Article 5 a Alignment with the Ecodesign for Sustainable Products Regulation 48 months after the entry into force of this Regulation, the Commission shall perform a study to assess the alignment of the revised Construction Products Regulation with the Ecodesign for Sustainable Products Regulation. The assessment shall include the following criteria: a) That a working plan has been established in accordance with article 5. b) That the timeline pursued is comparable. c) That relevant performance requirements have been developed for the top three products identified by the working plan established in accordance with article 5. In case the assessment is negative, the Commission shall in 6 months time come up with a proposal for how to align the provisions of the Construction Products Regulation with the Ecodesign for Sustainable Products Regulation.
Amendment 168 #
Proposal for a regulation Article 5 b (new) Article 5 b Alignment with the [Ecodesign for Sustainable Products Regulation] The Commission shall 48 months after the entry into force of this Regulation perform a study to assess the alignment of the revised Construction Products Regulation with the [Ecodesign for Sustainable Products Regulation]. The assessment shall include following criteria: a) The working plan has been established according to article 5(a). b) The timeline pursued is comparable. c) Relevant performance requirements have been developed for the top three products identified by the working plan established by article 5(a). In case the assessment is negative, the [Ecodesign for Sustainable Products Regulation] shall apply directly.
Amendment 169 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 – introductory part Amendment 170 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 – point c Amendment 171 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 2 Amendment 172 #
Proposal for a regulation Article 7 – paragraph 7 – point a Amendment 173 #
Proposal for a regulation Article 7 – paragraph 8 8. Member States may ban the destruction of surplus and unsold products or products taken back in accordance with Article 22(2), point (j) and Article 26 or make the destruction of these products dependent on their prior making available on a national brokering platform for non- commercial use of products.
Amendment 174 #
Proposal for a regulation Article 7 – paragraph 8 a (new) 8 a. Taking into account national destruction bans in accordance with paragraph (8) and the information provided in accordance with Article 22a, the Commission shall be empowered to adopt delegated acts according to Article 87 to supplement this Regulation by prohibiting economic operators to destroy surplus and unsold products in the Union, where the destruction of such products falling within a certain product family or category has significant environmental impact.
Amendment 175 #
Proposal for a regulation Article 10 – paragraph 4 – point c Amendment 176 #
Proposal for a regulation Article 11 – paragraph 4 4. The following information
Amendment 177 #
Proposal for a regulation Article 11 – paragraph 4 4. The following information
Amendment 178 #
Proposal for a regulation 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 shall not apply to the EU Ecolabel and other state commissioned type I ecolabels (ISO 14024).
Amendment 179 #
Proposal for a regulation Article 18 – paragraph 1 Markings other than the CE marking, including private ones, may be affixed on a
Amendment 180 #
Proposal for a regulation Article 22 – paragraph 1 1. For the product characteristics specified in Annex I Part A Point 2, the manufacturer shall assess the environmental characteristics of the product in accordance with
Amendment 181 #
Proposal for a regulation Article 22 – paragraph 1 1. For the product characteristics specified in Annex I Part A Point 2, the manufacturer shall assess the environmental characteristics of the product
Amendment 182 #
Proposal for a regulation Article 22 – paragraph 1 1. For the product characteristics specified in Annex I Part A Point 2, the manufacturer shall assess the environmental characteristics of the product
Amendment 183 #
Proposal for a regulation Article 22 – paragraph 1 1. For the product characteristics specified in Annex I Part A Point 2, the manufacturer shall assess the environmental characteristics of the product in accordance with harmonised technical specifications or with Commission acts adopted under this Regulation and use, once available, the latest version of the software made freely available on the website of the European Commission.
Amendment 184 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – introductory part Unless product safety or the safety of
Amendment 185 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – introductory part Amendment 186 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point a – introductory part (a) design and manufacture products and their packaging in such a way that their overall environmental, including climate
Amendment 187 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point a – introductory part (a) design and manufacture products and their packaging in such a way that their overall environmental, including climate and functional sustainability reaches the
Amendment 188 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point a – introductory part (a) design and manufacture products and their packaging in such a way that their overall
Amendment 189 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point a – introductory part (a) design and manufacture products and their packaging in such a way that their overall environmental, including climate sustainability reaches the state of the art level, as specified in the applicable harmonised technical specifications, unless a lower level:
Amendment 190 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point a – introductory part (a) design and manufacture products and their packaging in such a way that their overall environmental, including climate sustainability reaches the state of the art level, as specified in the applicable harmonised technical specifications, unless a lower level:
Amendment 191 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point a – introductory part (a) design and manufacture products and their packaging in such a way that their overall environmental performance, including climate sustainability and CO2 emissions reduction reaches the state of the art level, unless a lower level:
Amendment 192 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point a – point i (i) is proportionate when compared to the environmental sustainability improvement triggered by them at the level of the construction works;
Amendment 193 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point a – point ii (ii) is
Amendment 194 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point a a (new) (a a) under the conditions set out in point(a)(i) and (ii), ensure that, by 10 years after the adoption of performance classes in accordance with Article 4(4), point (a), or Article 5(2), all products placed on the market fall within the two highest environmental performance classes established;
Amendment 195 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point b (b) under the conditions set out in point (a)(i) and (ii) give preference to reusable and recyclable materials, by-products, and materials gained from re
Amendment 196 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point b (b) under the conditions set out in point (a)(i) and (ii) give preference to local resources, recyclable materials, renewable materials, sustainably sourced materials, nature-based solutions and materials gained from reuse and recycling;
Amendment 197 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point b (b) under the conditions set out in point (a)(i) and (ii) give preference to recyclable materials and materials gained from recycling, while taking into account the environmental and climate impact of transporting such materials;
Amendment 198 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point b (b) under the conditions set out in point (a)(i) and (ii) give preference to recyclable materials and materials gained from recycling or otherwise unused by- products;
Amendment 199 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point c (c) respect the minimum recycled content obligations
Amendment 200 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point d (d) prevent premature obsolescence of products, use reliable parts and design products in such a way that their durability
Amendment 201 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point d (d) prevent premature obsolescence of products, use reliable parts and design products in such a way that their durability does not fall beyond the average durability of products of the respective category as specified in the harmonised technical specifications;
Amendment 202 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point d (d) prevent premature obsolescence of products, use reliable parts and design products in such a way that their durability does not fall beyond the average durability of products of the respective category that serve the same purpose;
Amendment 203 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point e (e) where relevant, design products in such a way that they can be easily repaired, refurbished and upgraded, unless such design triggers non-
Amendment 204 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point f (f)
Amendment 205 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point f (f) make available,
Amendment 206 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point f (f) make available, in product databases, instructions for use and on permalinks or QR-Codes of their own websites, information on how to repair the products and any additional information necessary for repairing, including relevant warnings;
Amendment 207 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point g (g) Where applicable, make available on the market itself or by specially designated distributors or by manufacturers of spare parts, with reasonably short delivery time, spare parts for their products for 10 years after the last
Amendment 208 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point g (g) where relevant, make available on the market itself or by specially designated distributors or by manufacturers of spare parts, with reasonably short delivery time, spare parts for their products for 10 years after the last product of the respective type has been placed on the market or directly installed and inform proactively about this availability;
Amendment 209 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point g (g) make available on the market itself or by specially designated distributors or by manufacturers of spare parts, with reasonably short delivery time, spare or equivalent parts for their products for 10 years after the last product of the respective type has been placed on the market
Amendment 210 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point h (h) design products
Amendment 211 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point i (i) make available,
Amendment 212 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point i (i)
Amendment 213 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point j (j) accept to regain free of charge, directly or via their importers and distributors, ownership of surplus and unsold products that are in a state equivalent to the one in which they were placed on the market, unless more than 5 years have passed since the product was placed on the market for the first time.
Amendment 214 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point j a (new) (j a) have extended producer responsibility for products that they make available on the market for the first time within the territory of a Member State, including financing collection, transport, preparation for repurposing and remanufacturing, treatment and recycling of waste construction products and providing end-of-life information.
Amendment 215 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 a (new) The Commission is empowered to supplement this Regulation, by means of delegated acts in accordance with Article 87, by defining rules to promote the introduction of harmonized "Extended Producer Responsibility"(EPR). These Schemes should regulate the obligations of the manufactures to collect, directly or indirectly, surplus products and off cuts generated at the building site.
Amendment 216 #
Proposal for a regulation Article 22 – paragraph 3 3. Paragraph 2, point
Amendment 217 #
Proposal for a regulation Article 22 – paragraph 4 4. In order to specify the obligations set out in paragraph 2, the Commission
Amendment 218 #
Proposal for a regulation Article 22 – paragraph 4 4. In order to specify the obligations set out in paragraph 2, the Commission
Amendment 219 #
Proposal for a regulation Article 22 – paragraph 5 Amendment 220 #
Proposal for a regulation Article 22 – paragraph 5 Amendment 221 #
Proposal for a regulation Article 22 – paragraph 5 Amendment 222 #
Proposal for a regulation Article 22 – paragraph 5 5. In order to ensure transparency for the users and to promote sustainable products, the Commission
Amendment 223 #
Proposal for a regulation Article 22 – paragraph 6 Amendment 224 #
Proposal for a regulation Article 22 – paragraph 6 Amendment 225 #
Proposal for a regulation Article 22 – paragraph 6 6. The manufacturer shall affix the scoring system or traffic light label in the way set out in the
Amendment 226 #
Proposal for a regulation Article 22 – paragraph 6 a (new) 6 a. The Commission shall develop Extended Producer Responsability schemes for the construction sector in the Waste Framework Directive. These EPR schemes shall consider all the products placed on the market by 2025 and ensure measures are taken by Member States to ensure that producers bear their financial responsability.
Amendment 227 #
Proposal for a regulation Article 22 – paragraph 6 a (new) 6 a. Where appropriate to promote the availability of products with the best sustainability performance on the market, the Commission shall foster the use of the EU Ecolabel referred to in Regulation (EC) No 66/2010 of the European Parliament and of the Council for labelling the best performing products.
Amendment 228 #
Proposal for a regulation Article 22 a (new) Article 22 a Destruction of surplus and unsold products 1. A manufacturer that discards surplus and unsold products directly, or on behalf of another economic operator, shall disclose: (a) the number of surplus and unsold products discarded per year, differentiated per product families and categories; (b) the reasons for the discarding of products; (c) the delivery of discarded products to preparing for re-use, remanufacturing, recycling, energy recovery and disposal operations in accordance with the waste hierarchy as defined by Article 4 of Directive 2008/98/EC. The economic operator shall disclose that information on a freely accessible website or otherwise make it publicly available, until a delegated act adopted pursuant to article 7 starts applying to the family or category of surplus and unsold products discarded by the operator in question. 2. The Commission may adopt implementing acts setting out the format for the disclosure of the information referred to in paragraph 1, including how the information is to be verified. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).
Amendment 229 #
Proposal for a regulation Article 34 – paragraph 4 4. The Commission shall assess the conformity of construction products standards established by the European standardisation organisations with the relevant standardisation requests, with this Regulation and with other Union law. The Commission shall publish or publish with restrictions in the Official Journal of the European Union the list of references of accepted conforming construction products standards that have been made available at an affordable price. Where a reference to a standard cannot be published otherwise in the Official Journal, the Commission is empowered to supplement this Regulation by delegated acts adopted in accordance with Article 86 and in consultation with the European standardization organisations, to modify the respective standards for purposes of legal effects under this Regulation.
Amendment 230 #
Proposal for a regulation Article 78 Amendment 231 #
Proposal for a regulation Article 78 Amendment 232 #
Proposal for a regulation Article 78 – paragraph 1 1.
Amendment 233 #
Proposal for a regulation Article 78 – paragraph 1 a (new) 1 a. The product passport shall be designed for the long-term use and be universally accessible for all with a specific access for individual groups of repairers, re-users, recyclers, manufacturers and consumers.
Amendment 234 #
Proposal for a regulation Article 78 – paragraph 1 b (new) 1 b. The product passport shall contain: i) the information on material and chemical content; ii) the information on safety and environmental performance, including climate and biodiversity sustainability, energy and resource efficiency performance as well as the impact on human health and indoor air quality; iii) the instructions for repair, reuse, recycling and upgrading.
Amendment 235 #
Proposal for a regulation Article 78 – paragraph 2 2. Economic operators may access all information stored in that database or system which regards them specifically, and shall control which third parties have access to the information. They may request that incorrect information is corrected.
Amendment 236 #
Proposal for a regulation Article 78 a (new) Article 78 a Digital Product Passport 1. The mandatory information required for disclosure in the Declaration of Performance and in the Declaration of Conformity shall provide that products can only be placed on the market or put into service if a product passport is available in accordance with article 9 and 10 of Regulation EU [Ecodesign for Sustainable Products Regulation…]. 2. By 31 December 2026, the Commission shall, as appropriate, lay down the requirements related to the product passport for construction in delegated acts pursuant to article 87, to specify the following: a) The information to be included in the product passport pursuant to Annex III. b) The types of data carrier tobe used c) The layout in which the data carrier shall be presented and its positioning d) Whether the product passport is to correspond to the model, batch or item level e) the manner in which the product passport shall be made accessible to customers before they are bound by a sales contract, including in the case of distance selling. f) The actors that shall have access to information in the product passport and to what information they shall have access, including customers, end-users, manufacturers, importers and distributors, dealers, repairers, reuse businesses, recyclers, competent national authorities, public interest organization and the Commission, or any organization acting on their behalf. g) The actors that may introduce or update the information in the product passport, including where needed the creation of a new product passport, and what information they may introduce or update, including manufacturers, repairers, maintenance professionals, remanufacturers, recyclers, competent national authorities, and the Commission, or any organization acting on their behalf h) The period for which the product passport shall remain available 3. The requirements referred to in paragraph 2 shall: a) Ensure that actors along the value chain, in particular economic operators and competent national authorities, can access product information relevant to them. b) Facilitate the verification of product compliance by competent national authorities and Improve traceability of products along the value chain.
Amendment 237 #
Proposal for a regulation Article 78 a (new) Amendment 238 #
Proposal for a regulation Article 83 – paragraph 1 – subparagraph 1 Where Member States provide incentives for a product category covered by a delegated act establishing performance classes in accordance with Article 4(4), point (a) or a “
Amendment 239 #
Proposal for a regulation Article 83 – paragraph 1 – subparagraph 1 Where Member States provide incentives for a product category covered by a delegated act establishing performance classes in accordance with Article 4
Amendment 240 #
Proposal for a regulation Article 83 – paragraph 1 – subparagraph 1 Where Member States provide incentives for a product category covered by a delegated act establishing performance classes in accordance with Article 4(4), point (a)
Amendment 241 #
Proposal for a regulation Article 83 – paragraph 1 – subparagraph 2 Where
Amendment 242 #
Proposal for a regulation Article 83 – paragraph 1 a (new) 1 a. Member States may also provide incentives for the promotion of environmentally friendly construction products.
Amendment 243 #
Proposal for a regulation Article 83 – paragraph 2 Amendment 244 #
Proposal for a regulation Article 83 – paragraph 2 – subparagraph 2 – point b a (new) (b a) the environmental benefits derived from the uptake of products in the highest two classes/scores.
Amendment 245 #
Proposal for a regulation Article 83 – paragraph 2 – subparagraph 2 – point b a (new) (b a) the environmental benefits derived from the uptake of products in the highest two classes/scores.
Amendment 246 #
Proposal for a regulation Article 84 – paragraph -1 (new) -1 Contracting authorities as defined in Article 2(1) of Directive2014/24/EU and Article 3(1)of Directive 2014/25/EU or contracting entities as defined in Article 4(1) of Directive 2014/25/EU shall, when awarding public contracts, take into account sustainability aspects of construction products tobe supplied in public supply contracts or to be used in works or service contracts for activities which are the subject of the contract, in accordance with the conditions laid down in this Article.
Amendment 247 #
Proposal for a regulation Article 84 – paragraph -1 a (new) -1 a In the description of the contract, contracting authorities shall include and allow construction products which fulfil the obligations set out in Article 22(2). Contracting authorities shall not exclude such construction products in the description or otherwise in the procurement documents. In so far as delegated acts of the Commission pursuant to Article 22(4), first sentence, in conjunction with Article 87 or harmonised standards pursuant to Article22(4), second sentence, are applicable, the contracting authorities shall observe these delegated acts and standards when including and approving construction products pursuant to sentence 1 and sentence 2. The obligations under sentences 1 to 3 shall not apply insofar as the construction products are not suitable for the intended use or their use is contrary to legal provisions. If a contracting authority invokes an exception pursuant to sentence 3, it must document the reasons for the exception in the award notice in a textual justification.
Amendment 248 #
Proposal for a regulation Article 84 – paragraph -1 b (new) -1 b Where construction products referred to in paragraph -1a may be offered in the award of a contract, contracting authorities shall determine the most economically advantageous tender on the basis of the best price- quality ratio, assessed with due regard to the qualitative criterion of the extent to which the construction products offered comply with environmental obligations referred to in Article 22(2),without prejudice to the right of contracting authorities to use cost or a cost- effectiveness approach such as life-cycle costing or other criteria to assess the best price-quality ratio.
Amendment 249 #
Proposal for a regulation Article 84 – paragraph -1 c (new) -1 c The obligations under paragraph - 1a and paragraph -1b shall apply notwithstanding the third sentence of Article 22(4).
Amendment 250 #
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. The delegated acts may only specify and extend, but not restrict or exclude, the obligations of contracting authorities under paragraph -1a and paragraph -1b.
Amendment 251 #
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 December 31st 2025 by establishing mandatory sustainability requirements applicable to all public contracts, including implementation, monitoring and reporting of those requirements by Member States.
Amendment 252 #
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
Amendment 253 #
Proposal for a regulation Article 84 – paragraph 1 a (new) 1 a. Technical and financial support will be needed to build the capacity of local authorities, through trainings, workshops, on designing procurements considering the whole life impact of construction products, raising awareness on embodied carbon, and building capacity to assess the overall benefits of natural-based solutions instead of conventional construction materials
Amendment 254 #
Proposal for a regulation Article 84 – paragraph 2 Amendment 255 #
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
Amendment 256 #
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,
Amendment 257 #
Proposal for a regulation Article 84 – paragraph 2 a (new) 2 a. In spite of points 1 and 2 of this Article, Member States shall always be allowed to use officially recognised EN ISO 14024 ecolabels as a selection criteria in line with article 43 of Directive 2014/24/EU.
Amendment 258 #
Proposal for a regulation Article 84 – paragraph 3 – introductory part 3. When establishing requirements pursuant to paragraph 1 for public contracts, the Commission
Amendment 259 #
Proposal for a regulation Article 84 – paragraph 3 – point a a (new) (a a) the environmental benefits entailed by the uptake of products in the highest two classes/scores;
Amendment 260 #
Proposal for a regulation Article 84 – paragraph 3 – point c (c) the economic feasibility for contracting authorities or contracting entities to buy more environmentally sustainable products, without entailing disproportionate costs as determined on a total lifetime and operating cost basis.
Amendment 261 #
Proposal for a regulation Article 84 – paragraph 3 – point c a (new) (c a) the relevant Union green public procurement criteria.
Amendment 262 #
Proposal for a regulation Article 84 – paragraph 3 a (new) 3 a. Where a product is covered by the Union green public procurement criteria but not yet by harmonised technical specifications, contracting authorities and contracting entities shall make best efforts to purchase only products and services that respect at least the technical specifications set at ‘core’ level in the relevant Union green public procurement criteria including among others for Office Building Design, Construction and Management and Union green public procurement criteria for Road Design, Construction and Maintenance.
Amendment 263 #
Proposal for a regulation Article 84 – paragraph 3 a (new) 3 a. Irrespective of point 1 and 2 above, Member States shall always be allowed to use officially recognised ENISO 14024 ecolabels as a selection criteria in line with Directive 2014/24/EU article 43.
Amendment 264 #
Proposal for a regulation Article 84 – paragraph 3 a (new) 3 a. Once and to the extent that delegated acts under paragraph 1 apply, the obligations of contracting authorities shall be governed by paragraph -1a and paragraph -1b in conjunction with the delegated acts."
Amendment 265 #
Proposal for a regulation Article 87 – paragraph 2 2. The power to adopt delegated acts referred to in Article 4(3), (4) and (5), Article 5(2) and (3), Article 6(1) to (3), Article 8, Article 11(3), Article 22(4) and (5), Article 35(4), Article 44(1), Article 73(1) and (2), Article 78(1), Article 84(1) and Article 90(4) shall be conferred on the Commission for a period of
Amendment 266 #
Proposal for a regulation Article 87 – paragraph 3 3. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in
Amendment 267 #
Proposal for a regulation Article 91 – paragraph 1 Amendment 268 #
Proposal for a regulation Article 91 – paragraph 1 No sooner than
Amendment 269 #
Proposal for a regulation Article 92 – paragraph 1 Regulation (EU) 305/2011 is repealed with effect from 1 January 20
Amendment 270 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.3 – paragraph 2 – introductory part The construction works and any part of them shall be designed, constructed, used, maintained and demolished in such a way that they, throughout their life cycle, do not present acute or chronic threat to the hygiene or health and safety of workers, occupants, including companion animals, or neighbors as a result of any of the following:
Amendment 271 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.3 – paragraph 2 – introductory part The construction works and any part of them shall be designed, constructed, used, maintained and demolished in such a way that they, throughout their life cycle, do not
Amendment 272 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.3 – paragraph 2 – point a (a) the emissions of hazardous and concern substances, volatile organic compounds or hazardous particles into indoor air;
Amendment 273 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.3 – paragraph 2 – point a a (new) (a a) the release of odours or chemical particles affecting negatively the indoor air quality or human health;
Amendment 274 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.3 – paragraph 2 – point c (c) the release of hazardous and concern substances into drinking water or substances which have an otherwise negative impact on drinking water;
Amendment 275 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.3 – paragraph 2 – point e a (new) (e a) the release of microplastics into continental or oceanic water or any type of soil as they are causing adverse health and hygiene impacts, including on workers, occupants.
Amendment 276 #
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
Amendment 277 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.7 – paragraph 2 – point a (a) the release of
Amendment 278 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.7 – paragraph 2 – point d (d) the release of
Amendment 279 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.8 – paragraph 2 – introductory part The construction works and any part of them shall be designed, constructed, used, maintained, upgraded and demolished in such a way that, throughout their life cycle, the use of natural resources is sustainable and ensures the following:
Amendment 280 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point a (a) use of raw
Amendment 281 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point a (a) use of by-products, raw and secondary materials of high environmental sustainability and thus with a low environmental footprint;
Amendment 282 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point a (a) use of by-products, raw and secondary materials of high environmental sustainability and thus with a low environmental footprint;
Amendment 283 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point a a (new) (a a) Preference is given to the use of low-carbon materials;
Amendment 284 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point a b (new) (a b) Use of raw materials is minimised to the extent possible and use of secondary materials is maximised;
Amendment 285 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point a c (new) (a c) The use of sustainably and local- sourced and natured-based materials and solutions should be preference to lower the environmental footprint;
Amendment 286 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point b (b) minimizing the overall amount of
Amendment 287 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point e (e) ease of deconstruction, use of reusable and recyclable materials (permanent materials) and maximising reuse or recyclability of the construction works, parts of them and their materials after demolition.
Amendment 288 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point e a (new) (e a) Minimizing the overall volumes of waste generated;
Amendment 289 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – introductory part Harmonised technical specifications shall
Amendment 290 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – introductory part Harmonised technical specifications shall
Amendment 291 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point a (a) climate change effects including embodied and operational carbon emissions and carbon storage (mandatory);
Amendment 292 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point a (a)
Amendment 293 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point a (a)
Amendment 294 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point a (a) climate change effects
Amendment 295 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point a a (new) (a a) Global Warming Potential fossil fuels (GWP—fossil) (mandatory);
Amendment 296 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point a a (new) (a a) Global Warming Potential fossil fuels (GWP—fossil);
Amendment 297 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point a b (new) (a b) Global Warming Potential biogenic (GWP—biogenic) (mandatory);
Amendment 298 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point a b (new) (a b) Global Warming Potential biogenic (GWP—biogenic);
Amendment 299 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point a c (new) Amendment 300 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point a c (new) (a c) Global Warming Potential land use and land use change (GWP—luluc) (mandatory);
Amendment 301 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point b (b)
Amendment 302 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point b (b)
Amendment 303 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point c (c) acidification potential, Accumulated Exceedance (AP) (mandatory);
Amendment 304 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point c (c) acidification potential, Accumulated Exceedance (AP);
Amendment 305 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point d (d)
Amendment 306 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point d (d)
Amendment 307 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point e (e) eutrophication
Amendment 308 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point e (e)
Amendment 309 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point f (f) eutrophication
Amendment 310 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point f (f) eutrophication potential, Accumulated Exceedance (EP - terrestrial);
Amendment 311 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point g (g)
Amendment 312 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point g (g)
Amendment 313 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point h (h) abiotic depletion
Amendment 314 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point h (h) abiotic depletion
Amendment 315 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point i (i) abiotic depletion
Amendment 316 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point i (i) abiotic depletion
Amendment 317 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point j (j) water (user) deprivation potential, deprivation-weighted water consumption (WDP) (mandatory);
Amendment 318 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point j (j) water (user) deprivation potential, deprivation-weighted water consumption (WDP);
Amendment 319 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point k Amendment 320 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point k Amendment 321 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point l Amendment 322 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point l Amendment 323 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point m Amendment 324 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point m Amendment 325 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point n Amendment 326 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point n Amendment 327 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point o Amendment 328 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point o Amendment 329 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point p Amendment 330 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point p Amendment 331 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point p a (new) (p a) material and resource efficiency;
Amendment 332 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 3 For the essential characteristic "environmental sustainability", all environmental impact indicators a) to m) must be declared as a whole. Harmonised technical specifications shall indicate that for the essential characteristic
Amendment 333 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 3 Harmonised technical specifications shall indicate that for the essential characteristic
Amendment 334 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 3 Harmonised technical specifications shall indicate that
Amendment 335 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 4 Amendment 336 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 4 Harmonised technical specifications shall also cover to the extent possible the essential characteristic of ca
Amendment 337 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 4 a (new) Harmonised technical specifications may include the following characteristics related to life-cycle assessment defined by point (a) to (f): (a) particulate matter; (b) ionizing radiation, human health; (c) eco-toxicity, freshwater; (d) human toxicity, cancer; (e) human toxicity, non-cancer; (f) land use related impacts.
Amendment 338 #
Proposal for a regulation Annex I – Part C – point 2 – paragraph 2 Environment relates to the extraction and manufacturing of the materials, the manufacturing of the product, its transport, maintenance, its potential to remain as long as possible within a circular economy and its end of life phase.
Amendment 339 #
Proposal for a regulation Annex I – Part C – point 2 – point 2.1 – point a (a) maximising reliability and durability in terms of the guaranteed life span, expected average life span, the
Amendment 340 #
Proposal for a regulation Annex I – Part C – point 2 – point 2.1 – point a (a) maximising durability
Amendment 341 #
Proposal for a regulation Annex I – Part C – point 2 – point 2.1 – point c (c) maximising
Amendment 342 #
Proposal for a regulation Annex I – Part C – point 2 – point 2.1 – point c (c) maximising re
Amendment 343 #
Proposal for a regulation Annex I – Part C – point 2 – point 2.1 – point f (f) materials and resource efficiency;
Amendment 344 #
Proposal for a regulation Annex I – Part C – point 2 – point 2.1 – point f a (new) (f a) modularity;
Amendment 345 #
Proposal for a regulation Annex I – Part C – point 2 – point 2.1 – point j (j)
Amendment 346 #
Proposal for a regulation Annex I – Part C – point 2 – point 2.1 – point l (l) ease of capability of different materials or substances to be separated and recovered during dismantling or recycling procedures.
Amendment 347 #
Proposal for a regulation Annex I – Part C – point 2 – point 2.1 – point l a (new) (l a) sustainable sourcing, as demonstrated by due diligence statements and sustainable sourcing certification, where relevant;
Amendment 348 #
Proposal for a regulation Annex I – Part C – point 2 – point 2.1 – point l a (new) (l a) release of odours or substances with adverse effects on human health into indoor air;
Amendment 349 #
Proposal for a regulation Annex I – Part C – point 2 – point 2.1 – point l b (new) (l b) minimizing production-to- packaging ratio;
Amendment 350 #
Proposal for a regulation Annex I – Part C – point 2 – point 2.1 – point l c (new) (l c) microplastics release;
Amendment 351 #
Proposal for a regulation Annex I – Part C – point 2 – point 2.1 – point l d (new) (l d) amounts of waste generated, notably hazardous waste and waste without an identified recycling treatment;
Amendment 352 #
Proposal for a regulation Annex I – Part C – point 2 – point 2.1 – point l e (new) (l e) absence of waste that could be reused or recycled to the end of his life- cycle, including incineration with recovery of energy or backfilled.
Amendment 353 #
Proposal for a regulation Annex I – Part C – point 2 – point 2.2 – paragraph 1 Amendment 354 #
Proposal for a regulation Annex I – Part C – point 2 – point 2.2 – paragraph 1 Amendment 355 #
Proposal for a regulation Annex I – Part C – point 2 – point 2.2 – paragraph 2 – introductory part When specifying the inherent product environmental requirements,
Amendment 356 #
Proposal for a regulation Annex I – Part C – point 2 – point 2.2 – paragraph 2 – introductory part When specifying the inherent product environmental requirements,
Amendment 357 #
Proposal for a regulation Annex I – Part C – point 2 – point 2.2 – paragraph 2 – point a (a)
Amendment 358 #
Proposal for a regulation Annex I – Part C – point 2 – point 2.2 – paragraph 2 – point c (c) where avoidance is not possible,
Amendment 359 #
Proposal for a regulation Annex I – Part C – point 2 – point 2.2 – paragraph 2 – point c a (new) (c a) This information shall be disclosed according to rules laid in article 13 and 14.
Amendment 360 #
Proposal for a regulation Annex I – Part C – point 2 – point 2.2 – paragraph 3 Amendment 361 #
Proposal for a regulation Annex I – Part C – point 2 – point 2.2 a (new) 2.2 a. The environmental performance of product categories covered by the text shall be verified through a harmonised method for the evaluation of product environmental performance along their full life cycle (LCA).
Amendment 362 #
Proposal for a regulation Annex V – point 7 a (new) Amendment 85 #
Proposal for a regulation Recital 5 a (new) (5 a) There are another emerging innitiatives very relevant for the construction sector and the built environment as the revision of the Energy Performance of Building Directive (EPBD) and the New European Bauahus innitiative (NEB). The Construction Products Regulation needs to built clore relations with the EPBD, especially in relation to the design of sustainable and efficient construction products in order to achieve energy efficiency. The NEB should also have a key role improving the quality of construction products from the design to the industrial development through innovation.
Amendment 86 #
Proposal for a regulation Recital 6 a (new) (6 a) Climate change is a challenge that trascends borders and requieres inmediate and ambitious action. The transition to a climate-neutral economy by 2050 represents a great oportunity as well as a challenge for the Union, its Member States, citizens and business from every sector. To this aim, Cohesion policy is a crucial tool in delivering a fair transition to a climate-neutral economy by leaving no one behind.
Amendment 87 #
Proposal for a regulation Recital 7 (7) Pursuing the environmental goals, including the fight against climate change
Amendment 88 #
Proposal for a regulation Recital 13 (13) The compliance of construction products with Union legislation often depends on the compliance of their key parts with that legislation. However, because key parts are often integrated into various construction products, the protection of safety and of the environment, including climate and biodiversity, is better achieved when those key parts are assessed upstream, that is when the performance and conformity of key parts will be assessed beforehand and independently from the assessment of the final construction product into which they are integrated. Similarly, market surveillance becomes more efficient when non-compliant key parts can be identified and targeted. Hence, it is necessary to lay down rules applicable to key parts of construction products.
Amendment 89 #
Proposal for a regulation 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
Amendment 90 #
Proposal for a regulation Recital 18 a (new) (18 a) Considering that the climate and environmental impacts of certain construction products, such as concrete, are more significant than others, the prioritization of sustainability measures, both in terms of product requirements and harmonized specifications, should be clearly highlighted.
Amendment 91 #
Proposal for a regulation Recital 18 b (new) (18 b) Highlight that concrete is responsible for a large part of the emissions of the construction sector due to the large volumes in which it is consumed and the amount of energy that needs to be used for its production, should be specifically addressed in this review.
Amendment 92 #
Proposal for a regulation Recital 19 (19) Where harmonised standards lay down the rules for the assessment of performances with regard to essential characteristics relevant for the construction codes of Member States, harmonised standards should be rendered mandatory for purpose of application of this Regulation, as only such standards reach the goal of permitting the free circulation of products, whilst ensuring the Member States’ ability to request safety and overall environmental, including climate
Amendment 93 #
Proposal for a regulation Recital 19 (19) Where harmonised standards lay down the rules for the assessment of
Amendment 94 #
Proposal for a regulation Recital 20 (20) In order to contribute to the objectives of the European Green Deal and the Circular Economy Action Plan, and to
Amendment 95 #
Proposal for a regulation Recital 20 (20) In order to contribute to the objectives of the European Green Deal and the Circular Economy Action Plan, and to ensure safe construction products, safety being one of the goals to be pursued in the legislation based on Article 114 of the Treaty on the Functioning of the European Union (TFEU), inherent product requirements related to safety, functionality and protection of environment, including climate and biodiversity, are necessary. When setting these requirements, the Commission should take into account their potential contribution to achieving Union climate, environmental, biodiversity and resource and energy efficiency objectives. These requirements do not merely relate to the performance of construction products. Contrary to its predecessor Directive 89/106/EC, Regulation (EU) No. 305/2011 does not provide for the possibility to establish such inherent product requirements. However, certain harmonised standards for construction products contain such inherent product requirements which can relate to environment, to safety or simply to the good functioning of the product. These standards demonstrate that there is a practical need for such requirements on safety, the environment or simply the functioning of products. Article 114 TFEU as the legal base of this Regulation also imposes the pursuit of a high level of protection of the environment, health and human safety. Thus, this Regulation should (re-)introduce or validate inherent product requirements. Whilst these requirements
Amendment 96 #
Proposal for a regulation Recital 25 (25)
Amendment 97 #
Proposal for a regulation Recital 26 (26) In order to enhance legal clarity and reduce the administrative burden for the economic operators, it is necessary to avoid that construction products are subject to
Amendment 98 #
Proposal for a regulation Recital 28 (28) In particular, in the case of energy- related products included in ecodesign working plans which are also construction products and for intermediary products,
Amendment 99 #
Proposal for a regulation Recital 28 (28) In particular, in the case of energy- related products included in ecodesign working plans which are also construction products and for intermediary products,
source: 738.396
2022/12/09
ITRE
272 amendments...
Amendment 167 #
Proposal for a regulation Recital 3 a (new) (3 a) A clear set of guidelines for the standardization process should be established under this Regulation, to ensure legal clarity and the harmonization of standards. This process should include roles and responsibilities for all stakeholders involved, as well as all the steps from development of a standardization request to its citation in the Official Journal.
Amendment 168 #
Proposal for a regulation Recital 4 (4) It is necessary to establish well- functioning information flows, including via electronic means, to ensure that coherent and transparent information about construction products performances, including environmental sustainability during their whole life cycle, is available along the supply chain. This is expected to increase transparency and to improve efficiency in terms of information transfer. Ensuring digital access to comprehensive information about construction products would contribute to the digitalisation of the construction sector altogether, making the framework fit for the digital age. Access to reliable and durable information would also mean that economic operators and other actors do not contribute to each other’s non-compliance.
Amendment 169 #
Proposal for a regulation Recital 4 (4) It is necessary to establish well- functioning information flows, including via electronic means, to ensure that coherent and transparent information about construction products performances is available along the supply chain. This is expected to increase transparency and to improve efficiency in terms of information transfer. Ensuring also digital access to comprehensive information about construction products would contribute to
Amendment 170 #
Proposal for a regulation Recital 5 Amendment 171 #
Proposal for a regulation Recital 5 a (new) (5 a) There are other ongoing initiatives very relevant for the construction sector and the built environment such as the revision of the Energy Performance of Building Directive (EPBD) and the New European Bauahus innitiative (NEB). The Construction Products Regulation should take into account the objectives set by the EPBD, especially in relation to the design of sustainable and efficient construction products in order to achieve energy efficiency. The NEB should also have a key role improving the quality of construction products from the design to the industrial development through innovation.
Amendment 172 #
Proposal for a regulation Recital 6 a (new) (6 a) Reaching the objectives of the Paris Agreement is at the core of the Commission Communication on “The European Green Deal” of 11 December 2019. The Union committed itself to reduce the Union’seconomy-wide net greenhouse gas emissions by at least 55 % by 2030 below 1990 levels in the updated nationally determined contribution submitted to the UNFCCC Secretariat on 17 December 2020 and as well to a share of at least 45 % of renewable energy [amended RED] and to at least 45 % of energy efficiency savings [amended EED] by 2030.
Amendment 173 #
Proposal for a regulation Recital 6 b (new) (6 b) Climate change is a challenge that transcends borders and requires immediate and ambitious action. The transition to a climate-neutral economy by 2050 represents a great opportunity as well as a challenge for the Union, its Member States, citizens and business from every sector. To this aim, Cohesion policy is a crucial tool in delivering a fair transition to a climate-neutral economy by leaving no one behind.
Amendment 174 #
Proposal for a regulation Recital 7 (7) Pursuing the environmental goals, including the fight against climate change
Amendment 175 #
Proposal for a regulation Recital 7 (7) Pursuing the environmental goals set in the European Green Deal and following the updated targets in the Fit for 55 legislative package and the REPowerEU, including the fight against climate change, makes it necessary to establish new environmental obligations
Amendment 176 #
Proposal for a regulation Recital 7 (7) Pursuing the environmental goals
Amendment 177 #
Proposal for a regulation Recital 8 (8) To ensure safety and functionality of construction products and, by extension, of construction works, it is necessary to avoid that items that are not intended by their manufacturers to be construction products are placed on the market as construction products. Importers, distributors and other downstream economic operators should therefore ensure that those pseudo construction products are not sold as construction products. The Commission should establish guidelines for verification and control systems to this aim. Moreover, certain service providers such as fulfilment service providers or 3D-printing service providers should not contribute to the non- compliances of other economic operators. It is therefore necessary to render relevant provisions applicable also to these services and their providers.
Amendment 178 #
Proposal for a regulation Recital 10 (10)
Amendment 179 #
Proposal for a regulation Recital 10 (10) In order to
Amendment 180 #
Proposal for a regulation Recital 12 (12) Creating a Union market for small prefabricated one-family houses has a potential to reduce the price of housing and to have positive social and economic effects. Fairness to consumers remains a priority,
Amendment 181 #
(12) Creating a Union market for small prefabricated one-family houses has a potential to reduce the price of housing and to have positive social and economic effects. Fairness to consumers remains a priority, specifically but not limited to ensuring affordability of housing in the context of the green transition, in line with Proposal for Council Recommendation on Ensuring a fair transition towards climate neutrality40 , in particular recommendations 7 a)-c). It is therefore necessary to lay down harmonised rules for such small houses. However, small houses are also construction works, for which the Member States are competent.
Amendment 182 #
Proposal for a regulation Recital 13 (13) The compliance of construction products with Union legislation often depends on the compliance of their key
Amendment 183 #
Proposal for a regulation Recital 14 (14) Construction products that have already been assessed and are reused should not be subject to the rules that apply to new construction products. However, used construction products that have never been placed on the Union market before, should be strictly subject to the same rules as new construction products, given that such products have never been assessed.
Amendment 184 #
Proposal for a regulation 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
Amendment 185 #
Proposal for a regulation Recital 19 (19) Where harmonised standards lay down the rules for the assessment of performances with regard to essential characteristics relevant for the construction codes of Member States, harmonised standards should be rendered mandatory for purpose of application of this Regulation, as only such standards reach the goal of permitting the free circulation of products, whilst ensuring the Member States’ ability to request safety and environmental, including climate-related, product characteristics in view of their specific national situation. When pursued together, these two goals require that products are assessed by a single assessment method, therefore the method needs to be mandatory.
Amendment 186 #
Proposal for a regulation Recital 19 (19) Where harmonised standards lay down the rules for the assessment of performances with regard to essential characteristics relevant for the construction codes of Member States, harmonised standards should be rendered mandatory for purpose of application of this Regulation, as only such standards reach the goal of permitting the free circulation of products, whilst ensuring the Member States’ ability to request safety and environmental
Amendment 187 #
Proposal for a regulation Recital 20 (20) In order to contribute to the objectives of the European Green Deal and the Circular Economy Action Plan, and to
Amendment 188 #
Proposal for a regulation Recital 20 (20) In order to contribute to the
Amendment 189 #
Proposal for a regulation Recital 22 (22) In order to foster harmonised practices amongst Member States even where a consensus about these practices could not be found, the Commission should be empowered to adopt,
Amendment 190 #
(24) At the same time, in order to strike a balance between mitigating the fragmentation of the market and the legitimate interests of Member States to regulate construction works, it is necessary to provide for a mechanism to better integrate Member States’ needs into the development of harmonised technical specifications. For the same reason, a mechanism allowing Member State to set, based on imperative grounds of health, safety or environmental protection, additional requirements for construction products should be established. Such a mechanism must be clearly described and criteria for using it clearly defined.
Amendment 191 #
Proposal for a regulation Recital 25 (25) A circular economy
Amendment 192 #
Proposal for a regulation Recital 26 (26) In order to enhance legal clarity and reduce the administrative burden for the economic operators, it is necessary to avoid that construction products are subject to multiple assessments regarding the same aspect of health, safety or protection of the environment
Amendment 193 #
Proposal for a regulation Recital 27 Amendment 194 #
Proposal for a regulation Recital 28 (28) In particular, in the case of energy- related products included in ecodesign working plans which are also construction products and for intermediary products,
Amendment 195 #
Proposal for a regulation Recital 40 (40) To create transparency for users of construction products and to avoid inappropriate use of those products, construction products and their intended use should be precisely identified by the manufacturer.
Amendment 196 #
Proposal for a regulation Recital 42 (42) T
Amendment 197 #
Proposal for a regulation Recital 44 (44) In view of enhancing the circularity of construction products,
Amendment 198 #
Proposal for a regulation Recital 44 (44) In view of enhancing the circularity of construction products, in line with the goals of the Circular Economy Action Plan, manufacturers should favour re-use, remanufacturing and recycling of their products. The (preparation for) re-use, remanufacturing and recycling require certain design, namely by facilitating the separation of components and materials at the later stage of recycling and avoiding mixed, blended or intricate materials. As the usual instructions for use will not necessarily reach the economic operators in charge of (preparation for) re-use, remanufacturing and recycling, the necessary information in this regard should be made available in product databases or systems
Amendment 199 #
Proposal for a regulation Recital 44 a (new) (44 a) The use of bio-based construction products can improve the embodied carbon performance of buildings when substituting more carbon-intensive materials such as conventional cement and steel, provided that the overall climate impacts of biomass production are included in a whole lifecycle assessment and demonstrate lower global warming potential. Similarly, a lower relative impact is also to be demonstrated on other key environmental impact indicators. Construction material sourcing should not contribute to land use change, such as deforestation and forest degradation.
Amendment 200 #
Proposal for a regulation Recital 45 Amendment 201 #
(45 a) The construction products should be due to their climate and environmental impacts subject to equal level of stringency as other products covered by the [Ecodesign for Sustainable Products Regulation]. It is therefore needed to align the CPR with the obligations and requirements set for other products under the [Ecodesign for Sustainable Products].
Amendment 202 #
Proposal for a regulation Recital 45 b (new) (45 b) Considering that the climate and environmental impacts of certain construction products are more significant than others, prioritization of sustainability measures, both in terms of product requirements and harmonized specifications, should be clearly highlighted. Construction products, such as concrete, that are responsible for a large share of embodies emissions, should be tackled under this revision to help the decarbonisation of the construction sector and cleantech investments.
Amendment 203 #
Proposal for a regulation Recital 46 (46) Some construction products become waste though they were never used. To avoid this waste of resources, manufacturers should accept to regain, directly or via their importers and distributors, ownership of non-custom- made products that, after delivery onto a construction site or to the user, have not been used and are in a state equivalent to the one in which they were placed on the market.
Amendment 204 #
Proposal for a regulation Recital 47 Amendment 205 #
Proposal for a regulation Recital 47 (47) In order to be able to make informed choices, users of construction products should be sufficiently well informed about the environmental performances of products, about their conformity with environmental requirements and of the degree of fulfilment of manufacturer’s environmental obligations in this regard.
Amendment 206 #
Proposal for a regulation Recital 48 (48) Certain manufacturer’s obligations, such as assessment of environmental sustainability or giving preference to recyclable materials, can hardly be fulfilled in case of used, remanufactured or surplus products.
Amendment 207 #
Proposal for a regulation Recital 58 (58)
Amendment 208 #
Proposal for a regulation Recital 60 Amendment 209 #
Proposal for a regulation Recital 78 Amendment 210 #
Amendment 211 #
Proposal for a regulation Recital 89 Amendment 212 #
Proposal for a regulation Recital 91 Amendment 213 #
Proposal for a regulation Recital 92 (92) In order to take into account technical progress and knowledge of new scientific evidence, ensure proper functioning of the internal market, facilitate access to the information and ensure homogeneous implementation of rules
Amendment 214 #
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
Amendment 215 #
Proposal for a regulation Article 1 – paragraph 1 – introductory part This Regulation establishes harmonised
Amendment 216 #
Proposal for a regulation Article 1 – paragraph 1 – introductory part This Regulation establishes harmonised rules for the making available on the market
Amendment 217 #
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
Amendment 218 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) rules on how to express the
Amendment 219 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) rules on how to express the environmental
Amendment 220 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) environmental, including climate, functional and safety product requirements for construction products
Amendment 221 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) environmental
Amendment 222 #
Proposal for a regulation Article 1 – paragraph 1 a (new) The objectives of this Regulation are to contribute to the efficient functioning of the internal market and ensuring the safety of construction products, while making sustainable construction products becoming the norm by preventing and reducing the adverse impacts of construction products on the environment and the health and safety of workers, towards a carbon-neutral, environmentally sustainable, toxic-free and fully circular economy within planetary boundaries by 2050 at the latest.
Amendment 223 #
Proposal for a regulation Article 1 – paragraph 2 This Regulation also establishes obligations incumbent on economic operators dealing with construction products or their components
Amendment 224 #
Proposal for a regulation Article 1 – paragraph 2 This Regulation also establishes obligations incumbent on economic operators dealing with construction products or their components
Amendment 225 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 1 – introductory part This Regulation shall apply to construction products
Amendment 226 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 1 – point a Amendment 227 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 1 – point b Amendment 228 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 1 – point c Amendment 229 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 1 – point c Amendment 230 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 1 – point d (d) and key parts
Amendment 231 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 1 – point e Amendment 232 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 1 – point f Amendment 233 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 1 – point g Amendment 234 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 1 – point g (g) prefabricated one-family-houses
Amendment 235 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 2 Amendment 236 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 2 Member States may decide
Amendment 237 #
Proposal for a regulation Article 2 – paragraph 2 – introductory part 2. This Regulation shall also apply to used construction products
Amendment 238 #
Proposal for a regulation Article 2 – paragraph 2 – point a Amendment 239 #
Proposal for a regulation Article 2 – paragraph 2 – point b Amendment 240 #
Proposal for a regulation Article 2 – paragraph 2 – point c Amendment 241 #
Proposal for a regulation Article 2 – paragraph 2 – point d Amendment 242 #
Proposal for a regulation Article 2 – paragraph 2 – point e Amendment 243 #
Proposal for a regulation Article 2 – paragraph 3 – point b (b) boilers
Amendment 244 #
Proposal for a regulation Article 2 – paragraph 3 – point c Amendment 245 #
Proposal for a regulation Article 2 – paragraph 3 – point d Amendment 246 #
Proposal for a regulation Article 2 – paragraph 3 – point e Amendment 247 #
Proposal for a regulation Article 2 – paragraph 4 Amendment 248 #
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
Amendment 249 #
Proposal for a regulation Article 3 – paragraph 1 – point 1 (1) ‘construction product’ means any
Amendment 250 #
Proposal for a regulation Article 3 – paragraph 1 – point 1 (1) ‘construction product’ means any
Amendment 251 #
Proposal for a regulation Article 3 – paragraph 1 – point 1 (1) ‘construction product’ means any formed or formless physical item,
Amendment 252 #
Proposal for a regulation Article 3 – paragraph 1 – point 1 (1) ‘construction product’ means any
Amendment 253 #
Proposal for a regulation Article 3 – paragraph 1 – point 1 a (new) (1 a) ‘intermediary product’ means a product as defined in Article 1, paragraph 3 of the EPRS Regulation;
Amendment 254 #
Proposal for a regulation Article 3 – paragraph 1 – point 2 (2) ‘permanent’ means for a duration of two years or longer without leading to abuses and malpractices in the reusability of construction products;
Amendment 255 #
Proposal for a regulation Article 3 – paragraph 1 – point 2 (2) ‘permanent’ means for a duration of two years or longer after the completion of the construction works;
Amendment 256 #
Proposal for a regulation Article 3 – paragraph 1 – point 5 Amendment 257 #
Proposal for a regulation Article 3 – paragraph 1 – point 5 (5) ‘direct installation’ means the installation of a
Amendment 258 #
Proposal for a regulation Article 3 – paragraph 1 – point 5 (5) ‘direct installation’ means the installation of a product into a construction work of a client without prior making available on the market
Amendment 259 #
Proposal for a regulation Article 3 – paragraph 1 – point 5 a (new) (5 a) ‘installation of a prefabricated house’ means the installation of a prefabricated building on a stable and solid base to fulfil the purpose of a single family house;
Amendment 260 #
Proposal for a regulation Article 3 – paragraph 1 – point 8 (8) ‘product requirements’ means a threshold level or another characteristic with which a product has to comply before it can be placed on the market
Amendment 261 #
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
Amendment 262 #
Proposal for a regulation Article 3 – paragraph 1 – point 15 (15) ‘buildings’ means facilities,
Amendment 263 #
Proposal for a regulation Article 3 – paragraph 1 – point 28 a (new) (28 a) ‘re-use’ means any operation by which products or components that are not waste are used again for any structural purpose, as set out in Article 3(13) of Directive 2008/98/EC;
Amendment 264 #
Proposal for a regulation Article 3 – paragraph 1 – point 45 (45) ‘permalink’ means an internet link to a website which is stable both for its content and the address (“URL”) for a period of 10 years after the construction product has been placed on the market;
Amendment 265 #
Proposal for a regulation Article 3 – paragraph 1 – point 46 (46) ‘harmonised technical 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
Amendment 266 #
Proposal for a regulation Article 3 – paragraph 1 – point 57 (57) ‘broker’ means any natural or legal person providing an intermediation service for the placing on the market
Amendment 267 #
Proposal for a regulation Article 3 – paragraph 1 – point 71 (71) ‘product presenting a
Amendment 268 #
Proposal for a regulation Article 4 – paragraph 1 1. The basic requirements for construction works, set out in Annex I Part A Point 1 shall constitute the basis for
Amendment 269 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 1 Amendment 270 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 2 Amendment 271 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 2 The Commission may 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 listed in Annex I Part A point1(1) to 1(7)and their assessment methods.
Amendment 272 #
Amendment 273 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 3 The respective standardisation requests may also include a request that the European standardisation organisation determine in the standards referred to in the first subparagraph the voluntary or mandatory threshold levels and classes of performance in relation to the essential characteristics
Amendment 274 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 3 The
Amendment 275 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 3 The respective standardisation requests may also include a request that the European standardisation organisation
Amendment 276 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 4 Amendment 277 #
Proposal for a regulation Article 4 – paragraph 3 Amendment 278 #
Proposal for a regulation Article 4 – paragraph 3 – introductory part 3.
Amendment 279 #
Proposal for a regulation Article 4 – paragraph 3 – introductory part 3. By way of derogation from paragraph 2
Amendment 280 #
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 set to 24 months, or the relevant standard does not sufficiently fulfil the criteria described in the standardisation request;
Amendment 281 #
Proposal for a regulation Article 4 – paragraph 3 – point e (e)
Amendment 282 #
Proposal for a regulation 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
Amendment 283 #
Proposal for a regulation Article 4 – paragraph 3 a (new) Amendment 284 #
Proposal for a regulation Article 4 – paragraph 4 Amendment 285 #
Proposal for a regulation Article 4 – paragraph 4 – introductory part 4. In order to cover the regulatory needs of Member States and to pursue the environmental, safety and harmonisation goals of Article 114 of the Treaty on the Functioning of the European Union, the
Amendment 286 #
Proposal for a regulation Article 4 – paragraph 4 – point a (a) threshold levels and classes of performance in relation to the essential characteristics, taking into account Union climate goals and which of the essential characteristics may or shall be declared by manufacturers in a transparent manner through the use of digital product passports;
Amendment 287 #
Proposal for a regulation Article 4 – paragraph 5 5.
Amendment 289 #
Proposal for a regulation Article 5 – paragraph 1 1.
Amendment 290 #
Proposal for a regulation Article 5 – paragraph 1 1. All products covered by this Regulation shall, prior to their placing on the market
Amendment 291 #
Proposal for a regulation Article 5 – paragraph 2 Amendment 292 #
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
Amendment 293 #
Proposal for a regulation Article 5 – paragraph 2 a (new) 2 a. For performance requirements set in Annex I part B and C, the respective delegated acts shall, as appropriate, include: (a) minimum or maximum levels in relation to a specific product parameter referred to in Annex I part B and C ora combination thereof; (b) non-quantitative requirements that aim to improve performance in relation to one or more parameters referred to in Annex I part B and C or a combination thereof.
Amendment 294 #
Amendment 295 #
Proposal for a regulation Article 5 – paragraph 3 a (new) Amendment 296 #
Proposal for a regulation Article 5 – paragraph 3 b (new) 3 b. For Information requirements set out in Annex I part D, manufacturers are required to disclose information in the Declaration of Conformity.
Amendment 297 #
Proposal for a regulation Article 5 a (new) Article 5 a Prioritisation and planning 1. When prioritising products for requirements under this Regulation, the Commission shall take into account their potential contribution to achieving Union climate and environmental objectives. 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 in accordance with this Regulation. In the development of the working plan, the Commission shall consult the Member States, the European Parliament and stakeholders, including civil society. The working plan shall identify and prioritise environmental hotspots per product family or category. 2. The first working plan shall, at the minimum, include the following product families: - M128 Concrete, mortar and grout; - M115 Reinforcing steel; - M120 Structural metallic products; - M103 thermal insulating products. 3. By 42 months after entry into force of the Regulation, the Commission shall for the products families referred to in the second paragraph, where appropriate, adopt delegated acts in accordance with Article 4(3a) and (4) and Article 22(4).
Amendment 298 #
Proposal for a regulation Article 5 b (new) Article 5 b Alignment with the [Ecodesign for Sustainable Products Regulation] The Commission shall within 48 months after the entry into force of this Regulation perform a study to assess the alignment of the revised Construction Products Regulation with the [Ecodesign for Sustainable Products Regulation]. The assessment shall include following criteria: (a) the working plan has been established according to Article 5(a); (b) the timeline pursued is comparable; (c) relevant performance requirements have been developed for the top three products identified by the working plan established by Article 5(a). In case the assessment is negative, the [Ecodesign for Sustainable Products Regulation] shall apply directly
Amendment 299 #
Proposal for a regulation Article 6 A
Amendment 300 #
Proposal for a regulation Article 7 – paragraph 1 1. The harmonised zone shall be presumed to be comprehensive, covering all potential legal requirements for products other than those covered by other Union law.
Amendment 301 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 – introductory part Member States shall respect the harmonised zone in their national law, other rules or administrative action and shall not set additional requirements for products covered by it, with the exception of technical specifications to assess environmental performances. They shall in particular apply the following:
Amendment 302 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 2 Amendment 303 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 2 This paragraph shall also apply to public tenders or direct attributions of contracts where those public tenders or direct attributions are executed under direct or indirect control of public entities or are executed with reference to public provisions on public tenders or direct attribution of contracts. This paragraph shall also apply to grants or other positive incentives with the exception of fiscal incentives. H
Amendment 304 #
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:
Amendment 305 #
Proposal for a regulation Article 7 – paragraph 8 Amendment 306 #
Proposal for a regulation Article 7 – paragraph 8 8. Member States
Amendment 307 #
Proposal for a regulation Article 7 – paragraph 8 8. Member States may ban the destruction of non-custom-made products taken back in accordance with Article 22(2), point (j) and Article 26 or make the destruction of these products dependent on their prior making available on a national brokering platform for non-commercial use of products.
Amendment 308 #
Proposal for a regulation Article 7 – paragraph 8 a (new) 8 a. By 31 December 2028, the Commission shall assess the relevance and appropriateness of setting EU wide deposit-refund systems for certain product categories and families. To that end, the Commission shall submit a report to the European Parliament and to the Council and consider taking appropriate measures, including the adoption of legislative proposals. Member States, when implementing national deposit- refund systems in accordance with paragraph 7, shall notify the Commission of those measures. National deposit- refund systems shall not prevent the adoption of a harmonised Union-wide system.
Amendment 309 #
Proposal for a regulation Article 9 – paragraph 1 1. Where a construction product is covered by a harmonised
Amendment 310 #
Proposal for a regulation Article 9 – paragraph 2 2. Where a product is covered by a harmonised
Amendment 311 #
Proposal for a regulation Article 9 – paragraph 3 3. By drawing up the declaration of performance, the manufacturer assumes responsibility for the conformity of the product with such declared performance and becomes liable in accordance with Union and national laws on contractual and extra-contractual liability
Amendment 312 #
Proposal for a regulation Article 10 – paragraph 1 – introductory part 1. By way of derogation from Article 9(1), a manufacturer may refrain from drawing up a declaration of performance when placing a product covered by a harmonised technical specification on the market where
Amendment 313 #
Proposal for a regulation Article 10 – paragraph 1 – point a Amendment 314 #
Proposal for a regulation Article 10 – paragraph 1 – point a (a) the product is
Amendment 315 #
Proposal for a regulation Article 10 – paragraph 1 – point b (b) the product is
Amendment 316 #
Proposal for a regulation Article 10 – paragraph 1 – point c Amendment 317 #
Proposal for a regulation Article 10 – paragraph 2 Amendment 318 #
Proposal for a regulation Article 10 – paragraph 3 Amendment 319 #
Proposal for a regulation Article 10 – paragraph 4 Amendment 320 #
Proposal for a regulation Article 11 – paragraph 2 2. The declaration of performance shall be drawn up using the model set out in Annex II without the section relating to conformity. The declaration of performance shall at least cover the performance with regard to the mandatory essential characteristics listed in Annex I Part A Point 2, the essential characteristics mandatory by virtue of harmonised technical specifications
Amendment 321 #
Proposal for a regulation Article 11 – paragraph 3 Amendment 322 #
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
Amendment 323 #
Proposal for a regulation Article 13 – paragraph 1 – point a (a) verify the product’s compliance with the product requirements of Annex I Part B and C
Amendment 324 #
Proposal for a regulation Article 14 – paragraph 1 1. The declaration of conformity shall express conformity of a product with product requirements referred to in Article 5
Amendment 325 #
Proposal for a regulation Article 14 – paragraph 4 4. The manufacturer shall fulfil the obligation
Amendment 326 #
Proposal for a regulation 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
Amendment 327 #
Proposal for a regulation Article 16 – paragraph 3 3. If
Amendment 328 #
Proposal for a regulation Article 16 – paragraph 6 – subparagraph 1 A Member State shall not prohibit or impede, within its territory or under its responsibility, the making available on the market
Amendment 329 #
Proposal for a regulation Article 16 – paragraph 6 – subparagraph 2 A Member State shall not prohibit or impede, within its territory or under its responsibility,
Amendment 330 #
Proposal for a regulation Article 17 – paragraph 2 – subparagraph 1 – point a (a)
Amendment 331 #
Proposal for a regulation Article 17 – paragraph 2 – subparagraph 1 – point d (d) the unique identification code of the product-type
Amendment 332 #
Proposal for a regulation 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 333 #
Proposal for a regulation Article 17 – paragraph 2 – subparagraph 1 – point e Amendment 334 #
Proposal for a regulation Article 17 – paragraph 3 3. The CE marking shall be affixed before the product is placed on the market
Amendment 335 #
Proposal for a regulation Article 18 – paragraph 3 No other marking than the CE marking and Type I (ISO 14024) ecolabels may be placed on the declaration of performance or the declaration of conformity.
Amendment 336 #
Proposal for a regulation Article 19 – paragraph 2 2. Where diverging statements of non- compliance of an economic operator or of a product and requests for corrective action emanate from authorities of different Member States,
Amendment 337 #
Proposal for a regulation Article 19 – paragraph 3 – subparagraph 1 – point c Amendment 338 #
Proposal for a regulation Article 19 – paragraph 3 – subparagraph 2 – point v Amendment 339 #
Proposal for a regulation Article 19 – paragraph 5 – subparagraph 1 An economic operator shall provide all the requested data into the database or system established in accordance with Article 78 within two months and six months for SMEs, 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 at least bi-annually verify the correctness of the provided data.
Amendment 340 #
Proposal for a regulation Article 21 – paragraph 2 – introductory part 2. The manufacturer shall refrain from any claim about the characteristics and performance of a product that is not based on:
Amendment 341 #
Proposal for a regulation Article 21 – paragraph 3 – subparagraph 2 That technical documentation shall contain the mandatory or facultative calculation of environmental, including climate sustainability assessed in accordance with harmonised technical specifications adopted under this
Amendment 342 #
Proposal for a regulation Article 21 – paragraph 3 – subparagraph 2 That technical documentation shall contain the mandatory or possibly the facultative calculation of environmental
Amendment 343 #
Proposal for a regulation Article 21 – paragraph 3 – subparagraph 2 That technical documentation shall contain the mandatory
Amendment 344 #
Proposal for a regulation Article 21 – paragraph 5 – subparagraph 2 Amendment 345 #
Proposal for a regulation Article 21 – paragraph 6 – subparagraph 1 When making a product available on the market in a certain Member State, the manufacturer shall ensure that the product is accompanied by the information set out in harmonised technical specifications and in Annex I Part D
Amendment 346 #
Proposal for a regulation Article 21 – paragraph 7 7. The manufacturer shall
Amendment 347 #
Proposal for a regulation 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 348 #
Proposal for a regulation Article 21 – paragraph 9 Amendment 349 #
Proposal for a regulation Article 22 – paragraph 1 1. For the product characteristics specified in Annex I Part A Point 2, the manufacturer shall assess the environmental characteristics of the product in accordance with harmonised technical specifications
Amendment 350 #
1. For the product characteristics specified in Annex I Part A Point 2, the manufacturer shall assess the environmental characteristics of the product in accordance with harmonised technical specifications or with Commission acts adopted under this Regulation and use, once available, the latest version of the software made freely available on the website of the European Commission.
Amendment 351 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – introductory part Amendment 352 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point a – introductory part (a) design and manufacture products and their packaging in such a way that their overall environmental performance, including climate sustainability and CO2 emissions reduction reaches the state of the art level, unless a lower level:
Amendment 353 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point a – introductory part (a) design and manufacture products and their packaging in such a way that their overall environmental
Amendment 354 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point b (b) under the conditions set out in point (a)(i) and (ii) give preference to reusable and sustainably locally sourced bio-based materials, recyclable materials and materials gained from re-use and recycling
Amendment 355 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point b (b) under the conditions set out in point (a)(i) and (ii) give preference to reusable and sustainably sourced bio-based materials, recyclable materials and materials gained from re-use and recycling;
Amendment 356 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point c (c) respect the minimum recycled content obligations and other limit values regarding aspects of environmental
Amendment 357 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point f (f) make available, in product databases or on its own website, instructions for use and on permalinks of their own websites, information on how to repair the products and any additional information necessary
Amendment 358 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point h (h) design products in such a way that re-use, remanufacturing and recycling are facilitated, namely by facilitating the separation of components and materials at de-installation, deconstruction and demolition and at the later stage of recycling and avoiding mixed, blended or intricate materials, unless remanufacturing and recycling are risky for human safety or the environment. In this case the manufacturer shall refrain from such design and warn against remanufacturing and recycling in accordance with the following point;
Amendment 359 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point i (i) make available, in product databases or in own website, instructions for use and on their own websites, information on how to remanufacture or recycle the products and any additional information necessary for
Amendment 360 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point j (j) accept to regain, directly or via their importers and distributors, ownership of surplus and unsold products
Amendment 361 #
Proposal for a regulation Article 22 – paragraph 4 4. In order to specify the obligations set out in paragraph 2, the Commission is empowered to
Amendment 362 #
Proposal for a regulation Article 22 – paragraph 5 Amendment 363 #
Amendment 364 #
Proposal for a regulation Article 22 – paragraph 5 5. In order to ensure transparency for the users and to promote sustainable products, the Commission is empowered to supplement this Regulation by delegated acts adopted in accordance with Article 87 to establish specific environmental sustainability labelling requirements including a scoring system covering relevant impact categories or, where appropriate, “traffic-light-labelling” in relation to environmental obligations set out in paragraph 1, product inherent environmental requirements set out in Annex I Part C Point 2, and environmental performance classes established in accordance with of Article 4(4), point (a).
Amendment 365 #
Proposal for a regulation Article 22 – paragraph 6 Amendment 366 #
Proposal for a regulation Article 22 – paragraph 6 Amendment 367 #
Proposal for a regulation Article 22 – paragraph 6 6. The manufacturer shall affix the scoring system or traffic light label in the way set out in the delegated acts adopted in accordance with paragraph 5.
Amendment 368 #
Proposal for a regulation Article 25 – paragraph 3 Amendment 369 #
Proposal for a regulation Article 27 – paragraph 1 1. When contributing to the making available on the market
Amendment 370 #
Proposal for a regulation Article 28 Amendment 371 #
Proposal for a regulation Article 28 – paragraph 2 Amendment 372 #
Proposal for a regulation Article 28 – paragraph 3 Amendment 373 #
Proposal for a regulation Article 30 – paragraph 2 2. Where a supplier or service provider has been informed in accordance with the last sentence of Article 21(8), it shall forward that information to his other clients who have, in the last 5 years, received components or services which are identical with regard to the issue in question. In case of a
Amendment 374 #
Proposal for a regulation Article 34 – paragraph 4 4. The Commission shall assess the conformity of construction products standards established by the European standardisation organisations with the relevant standardisation requests, with this Regulation and with other Union law. The Commission shall publish or publish with restrictions in the Official Journal of the European Union the list of references of accepted conforming construction products standards that have been made available at an affordable price.
Amendment 375 #
Proposal for a regulation Article 35 – paragraph 2 – subparagraph 1 – point b (b) a harmonised technical specification intended to be adopted in the next
Amendment 376 #
Proposal for a regulation Article 37 – paragraph 1 – point c (c) where the product is not covered by any harmonised technical specification or European assessment document and where no such harmonised technical specification is intended to be adopted in the next
Amendment 377 #
Proposal for a regulation Article 60 – paragraph 7 7. Notified bodies shall if possible and proportionate ensure rotation between the personnel carrying out different assessment tasks.
Amendment 378 #
Proposal for a regulation Article 61 – paragraph 4 – point c (c) a product placed on the market, due to its physical condition, is likely to cause a
Amendment 379 #
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
Amendment 380 #
Proposal for a regulation Article 65 – title 65 Use of simplified procedures by SMEs and micro-enterprises
Amendment 381 #
Proposal for a regulation Article 65 – paragraph 1 1.
Amendment 382 #
Proposal for a regulation Article 65 – paragraph 2 Amendment 383 #
Proposal for a regulation Article 68 – paragraph 1 1. The Commission shall set up a system allowing any natural or legal person
Amendment 384 #
Proposal for a regulation Article 68 – paragraph 2 2. Where the Commission consider a complaint or report relevant and substantiated based on clearly defined relevance criteria, it shall assign it to a market surveillance authority for it to follow-up with the relevant natural or legal person in accordance with Article 11(7), point (a) of Regulation (EU) 2019/1020.
Amendment 385 #
Proposal for a regulation Article 72 Amendment 386 #
Proposal for a regulation Article 73 – paragraph 1 Amendment 387 #
Proposal for a regulation Article 73 – paragraph 1 1. The Commission is empowered to
Amendment 388 #
Proposal for a regulation Article 78 Amendment 389 #
Proposal for a regulation Article 78 – title EU construction products database
Amendment 390 #
Proposal for a regulation Article 78 – title EU construction products database
Amendment 391 #
Proposal for a regulation Article 78 – paragraph 1 Amendment 392 #
Proposal for a regulation 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
Amendment 393 #
Proposal for a regulation Article 78 – paragraph 1 1. The Commission
Amendment 394 #
Proposal for a regulation Article 78 – paragraph 1 1.
Amendment 395 #
Proposal for a regulation 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]. Interoperability with existing systems shall also be ensured.
Amendment 396 #
Proposal for a regulation Article 78 – paragraph 1 a (new) 1 a. The database shall serve the following purposes: (a) to support market surveillance authorities in carrying out the tasks and duties conferred upon them by this Regulation, including enforcement thereof; (b) to provide the users and authorities with all necessary information about construction products placed on the market; (c) to store all documentation and information requested from economic operators pursuant to Chapter III.
Amendment 397 #
Proposal for a regulation Article 78 – paragraph 3 – subparagraph 1 – introductory part The Commission may, by implementing acts define specific conditions applicable for construction products specifically. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 88(1). It may also give access to this database or system to
Amendment 398 #
Proposal for a regulation Article 78 – paragraph 3 – subparagraph 1 – point a Amendment 399 #
Proposal for a regulation Article 78 – paragraph 3 – subparagraph 1 – point b Amendment 400 #
Proposal for a regulation Article 78 – paragraph 3 – subparagraph 1 – point c Amendment 401 #
Proposal for a regulation Article 78 – paragraph 3 – subparagraph 1 – point d Amendment 402 #
Proposal for a regulation Article 78 a (new) Amendment 403 #
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:
Amendment 404 #
Proposal for a regulation Article 80 – paragraph 2 – subparagraph 2 The training events shall be open to the
Amendment 405 #
Proposal for a regulation Article 82 – paragraph 7 a (new) 7 a. Considering that the proposed Carbon Border Adjustment Mechanism foresees to include products associated with the construction sector, it is necessary to acquire carbon footprint data of products imported from third countries.
Amendment 406 #
Proposal for a regulation Article 83 Amendment 407 #
Proposal for a regulation Article 83 – paragraph 1 – subparagraph 1 Where Member States provide incentives for a product category covered by a delegated act establishing performance classes
Amendment 408 #
Proposal for a regulation Article 83 – paragraph 1 – subparagraph 1 Where Member States provide incentives for a product category covered by a delegated act establishing performance classes in accordance with Article 4(4), point (a) or a “
Amendment 409 #
Proposal for a regulation Article 84 – paragraph 1 1.
Amendment 410 #
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,
Amendment 411 #
Proposal for a regulation Article 84 – paragraph 2 2. Requirements adopted pursuant to paragraph 1 for public contracts awarded
Amendment 412 #
Proposal for a regulation Article 84 – paragraph 3 – point b a (new) (b a) the environmental benefits entailed by the uptake of products in the highest two classes/scores;
Amendment 413 #
Proposal for a regulation Article 84 – paragraph 3 – point c (c) the economic feasibility
Amendment 414 #
Proposal for a regulation Article 84 – paragraph 3 – point c a (new) (c a) Where a product is covered by the Union green public procurement criteria but not yet by harmonised technical specifications, contracting authorities and contracting entities shall purchase products and services that respect at least the technical specifications set at ‘core’ level in the relevant Union green public procurement criteria including among others for Office Building Design, Construction and Management and Union green public procurement criteria for Road Design, Construction and Maintenance.
Amendment 415 #
Proposal for a regulation Article 85 Amendment 416 #
Proposal for a regulation Article 87 – paragraph 2 2. The power to adopt delegated acts referred to in Article
Amendment 417 #
Proposal for a regulation Article 87 – paragraph 3 3. Before adopting a delegated act, the Commission shall con
Amendment 418 #
91 Prioritisation, Planning and Evaluation
Amendment 419 #
Proposal for a regulation Article 91 – paragraph 1 Amendment 420 #
Proposal for a regulation Article 92 – paragraph 1 Regulation (EU) 305/2011 is repealed with effect from 1 January 20
Amendment 421 #
Proposal for a regulation Article 94 – paragraph 2 It shall apply as from [1 month after entry into force]. An appropriate transition period shall be granted.
Amendment 422 #
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 throughout their lifecycle, 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.
Amendment 423 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.2 – paragraph 3 – point e a (new) (e a) the release of microplastics;
Amendment 424 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.5 – paragraph 2 – point b (b) allows occupants and people nearby to sleep, rest and engage in their normal activities in satisfactory conditions, especially inside buildings and housing.
Amendment 425 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.5 – paragraph 3 The construction works and any part of them shall be designed, constructed, used and maintained in such a way that they provide sufficient sound absorption and reflection where these acoustic properties are required, complying with Directive 2002/49 and applicable national legislation.
Amendment 426 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.7 – paragraph 2 – point d (d) the release of
Amendment 427 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – introductory part Harmonised technical specifications shall
Amendment 428 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point a (a) climate change effects
Amendment 429 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point a (a) climate change effects
Amendment 430 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – point p a (new) (p a) material and resource efficiency.
Amendment 431 #
Amendment 432 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 3 Harmonised technical specifications shall indicate that
Amendment 433 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 4 Amendment 434 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 4 Harmonised technical specifications shall also cover to the extent possible the essential characteristic of capability to temporarily bind carbon
Amendment 435 #
Proposal for a regulation Annex I – Part B Amendment 436 #
Proposal for a regulation Annex I – Part B – point 2 – point f a (new) (f a) a specific form of removal or demolition;
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661 amendments...
Amendment 294 #
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.
Amendment 295 #
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.
Amendment 296 #
Proposal for a regulation Recital 7 (7) Pursuing the environmental goals, including the fight against climate change and the transition towards a carbon- neutral, environmentally sustainable, toxic-free and fully circular economy within planetary boundaries by 2050 at the latest, makes it necessary to establish new environmental obligations and to
Amendment 297 #
Proposal for a regulation Recital 7 (7) Pursuing the environmental goals, including the fight against climate change, makes it necessary to establish new environmental obligations and to lay the ground for the development and the application of an assessment method for the calculation of the environmental sustainability of construction products based on EN 15804 and widely used Environmental Product Declarations (EPDs) by construction product manufacturers. This is essential to ensure the correct calculation of the environmental impact at the building level according to EN 15978. For the same reason, it is necessary to extend the range of regulated economic operators, since distributors, suppliers and manufacturers all have a role to play in the calculation of the environmental sustainability in the construction sector. That range should therefore be extended into two directions, downstream from the distributors to the economic operators preparing re-use and remanufacturing of construction products and upstream from the manufacturer over the suppliers of intermediate products and/or raw materials. Moreover, certain operators coming into play in the context of dismantling used products or other parts of construction works or remanufacturing and re-use thereof need to contribute to a safe second life of construction products.
Amendment 298 #
Proposal for a regulation Recital 7 (7) Pursuing the environmental goals, including the fight against climate change, makes it necessary to establish new environmental obligations and to lay the ground for the development and the application of an assessment method for the calculation of the environmental sustainability of construction products without increasing disproportionately bureaucracy and costs for economic operators, especially for SMEs. For the same reason, it is necessary to extend the range of regulated economic operators, since distributors, suppliers and manufacturers all have a role to play in the calculation of the environmental sustainability in the construction sector. That range should therefore be extended into two directions, downstream from the distributors to the economic operators preparing re-use and remanufacturing of construction products and upstream from the manufacturer over the suppliers of intermediate products and/or raw materials. Moreover, certain operators coming into play in the context of dismantling used products or other parts of construction works or remanufacturing and re-use thereof need to contribute to a safe second life of construction products.
Amendment 299 #
(8) To ensure safety and functionality of construction products and, by extension, of construction works as well as workers and consumers, it is necessary to avoid that items that are not intended by their manufacturers to be construction products are placed on the market as construction products. Importers, distributors and other downstream economic operators should therefore ensure that those pseudo construction products are not sold as construction products. Moreover, certain service providers such as fulfilment service providers or 3D-printing service providers should not contribute to the non- compliances of other economic operators. It is therefore necessary to render relevant provisions applicable also to these services and their providers.
Amendment 300 #
Proposal for a regulation Recital 10 (10) In order to ensure safety and protection of the environment, workers and consumers and to close a regulatory loophole that would otherwise exist, it is necessary to clarify that construction products manufactured on the construction site for immediate incorporation into the construction works are subject to the same rules as other construction products. Micro-enterprises, however, often individually manufacture and install products on site. Subjecting those micro- enterprises under all circumstances to the same rules as other
Amendment 301 #
Proposal for a regulation Recital 17 Amendment 302 #
Amendment 303 #
Proposal for a regulation Recital 17 Amendment 304 #
Proposal for a regulation 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.
Amendment 305 #
Proposal for a regulation Recital 18 a (new) Amendment 306 #
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 3 years, laying down a list of product groups for which it plans to adopt requirements and standardisation requests.
Amendment 307 #
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 3 years, laying down a list of product groups for which it plans to adopt requirements and standardisation requests.
Amendment 308 #
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.
Amendment 309 #
Proposal for a regulation Recital 18 a (new) (18 a) 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 310 #
Proposal for a regulation Recital 20 (20) In order to contribute to the objectives of the European Green Deal
Amendment 311 #
Proposal for a regulation Recital 24 (24) At the same time, in order to strike a balance between mitigating the fragmentation of the market and the legitimate interests of Member States to
Amendment 312 #
Proposal for a regulation Recital 26 (26) In order to enhance legal clarity
Amendment 313 #
Proposal for a regulation Recital 28 (28) In
Amendment 314 #
Proposal for a regulation Recital 28 (28) In particular, in the case of energy- related products included in ecodesign working plans which are also construction products and for intermediary products,
Amendment 315 #
Proposal for a regulation Recital 28 (28) In particular, in the case of energy- related products included in ecodesign working plans which are also construction products and for intermediary products,
Amendment 316 #
Proposal for a regulation Recital 32 a (new) (32 a) Highlights, that the CE marking shall be adapted to specific requirements for the reuse of material ; applying the same certification criteria of new products to reused ones has proven to be one of the main barriers for the reuse of secondary products in the construction sector.
Amendment 317 #
Proposal for a regulation Recital 33 (33) In order to reduce the burden for economic operators and in particular manufacturers, economic operators issuing declarations of performance and declarations of conformity should provide those declarations by electronic means, be authorised to provide those declarations by permalink to an unamendable document or to include in those declarations permalinks to unamendable documents. In order to simplify the supply chain communication, declarations of performance and declarations of conformity should additionally be made available in a machine-readable format. This would allow the user to perform via an app a conformity check with the application rules of the Member State where the product is used. An important prerequisite for machine-readable declarations is a standardised IT format, which is required for each harmonised technical specification. The CEN Workshop Agreement CWA 17316 "Smart CE marking for construction products" provides a basis for the development of harmonised XML formats for declarations of performance, which could be used to complement harmonised standards and harmonised technical specifications accordingly.
Amendment 318 #
Proposal for a regulation Recital 36 (36) To ensure safety, functionality and sustainability of construction products, and by extension of construction works, all economic operators intervening in the
Amendment 319 #
Proposal for a regulation Recital 40 (40) To create transparency for users of construction products and to avoid inappropriate use of those products, construction products and their intended use should be precisely identified by the manufacturer. For the same reason, the
Amendment 320 #
Proposal for a regulation Recital 42 (42) To optimise the pursuit of the goals of the European Green Deal and of the Circular Economy Action Plan, the manufacturers should be obliged to
Amendment 321 #
Proposal for a regulation Recital 44 (44) In view of enhancing the circularity of construction products, in line with the goals of the Circular Economy Action Plan
Amendment 322 #
Proposal for a regulation Recital 44 a (new) (44 a) Considering the fact that climate and environmental impacts of certain construction products are more significant than others, prioritisation of sustainability measures, both in terms of product requirements and harmonised specifications, should be clearly highlighted.
Amendment 323 #
Proposal for a regulation Recital 44 b (new) (44 b) The use of bio-based construction products can improve the embodied carbon performance of buildings when substituting more carbon-intensive materials such as conventional cement and steel, provided that the overall climate impacts of biomass production are included in a whole lifecycle assessment and demonstrate lower global warming potential. Similarly, a lower relative impact is also to be demonstrated on other key environmental impact indicators. Construction material sourcing should not contribute to land use change, such as deforestation and forest degradation.
Amendment 324 #
Proposal for a regulation Recital 46 a (new) (46 a) Since significant impacts on our carbon budget and environment are due to construction products, they shall be subject to the same level of stringency as other products covered by Ecodesign for Sustainable Products Regulation (XXX/XXX). Therefore, this Regulation shall mirror all obligations and requirements set for other products under Ecodesign Regulation (XXX/XXX).
Amendment 325 #
Proposal for a regulation Recital 47 Amendment 326 #
Proposal for a regulation Recital 52 Amendment 327 #
Proposal for a regulation Recital 58 a (new) (58 a) To enable the implementation of the objectives of the Renovation Wave this Regulation must support harmonised declarations of performance for low emission construction products fit for energy efficient buildings. Therefore, this Regulation foresees the establishment and use of harmonised lowest concentrations of interest (EU LCI) for the assessment of emissions of volatile organic compounds and their publication in the internet, the determination and assessment of the release of volatile organic compounds by means of a horizontal harmonised test standard for the emissions of construction products and the assessment of mixture effects of the emitted substances with the hazard index calculated using EU LCI. This Regulation ensures that all volatile organic compound emissions are assessed according to the same health criteria and independent of the specific construction product source.
Amendment 328 #
Proposal for a regulation Recital 63 (63) Currently, the increasing number of hardly distinguishable European assessment documents which often have little added value when compared to others or existing harmonised standards, risks to slow down their publication and increase costs. In order to deal with this risk in a cost-effective way, certain principles for the development and adoption of European assessment documents should be established or be made more concrete and justifiable. Moreover, the control by the Commission should be enhanced.
Amendment 329 #
Proposal for a regulation Recital 72 (72) The attempts of establishing simplified procedures for microenterprises and small and medium-sized enterprises in Regulation (EU) No 305/2011 and thus reducing the burden and costs on SMEs and microenterprises have not been entirely effective and have often remained misunderstood or not used due to the lack of awareness or the lack of clarity regarding their application. By addressing the identified shortcomings while building on the previously established rules, it is necessary to clarify and facilitate their application and hence achieve the objective of supporting microenterprises and SMEs while ensuring performance, safety and environmental sustainability of construction products.
Amendment 330 #
Proposal for a regulation Recital 76 (76) To address the identified shortcomings with regards to the market surveillance under Regulation (EU) No. 305/2011, this Regulation should contain more justified empowerments for Member States authorities and for the Commission that should enable authorities to act under all potential problematic circumstances.
Amendment 331 #
Proposal for a regulation Recital 91 (91) Public procurement amounts to 14% of the Union’s GDP. To contribute to the objective of reaching climate neutrality, improving energy and resource efficiency and transitioning to a circular economy that protects public health and biodiversity, contracting authorities and entities should, where appropriate, be required to align their procurement with specific green public procurement criteria or targets, to be set out in the delegated acts adopted pursuant to this Regulation. The criteria or targets set by delegated acts for specific product groups, should be complied with not only when directly procuring those
Amendment 332 #
Proposal for a regulation Recital 106 (106) The objectives of this Regulation, namely the free circulation of construction products on the internal market, the protection of human health and safety, and the protection of the environment including climate change adaptation and mitigation, cannot be sufficiently achieved by the Member States, as Member States tend to establish very diverging requirements for construction products, with an uneven level of protection of human health and safety and of the environment. These objectives can rather be better achieved at Union level by establishing a harmonised assessment framework for the performance of construction products and certain product requirements for the protection of human health and safety and of the environment. Accordingly, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is
Amendment 333 #
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
Amendment 334 #
Proposal for a regulation Article 1 – paragraph 1 – introductory part This Regulation establishes harmonised rules for the making available on the market and direct installation and desinstallation of construction products, regardless of whether undertaken in the framework of a service or not, by establishing:
Amendment 335 #
Proposal for a regulation Article 1 – paragraph 1 – introductory part This Regulation establishes harmonised rules for the making available on the market and direct installation and de- installation of construction products, regardless of whether undertaken in the framework of a service or not, by establishing:
Amendment 336 #
Proposal for a regulation Article 1 – paragraph 1 – introductory part This Regulation establishes harmonised rules for the making available on the market and direct installation and deinstallation of construction products, regardless of whether undertaken in the framework of a service or not, by establishing:
Amendment 337 #
Proposal for a regulation Article 1 – paragraph 1 – introductory part This Regulation establishes harmonised rules for the making available on the market and direct installation and deinstallation of construction products, regardless of whether undertaken in the framework of a service or not, by establishing:
Amendment 338 #
Proposal for a regulation Article 1 – paragraph 1 – introductory part This Regulation establishes harmonised rules for the making available on the market
Amendment 339 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) rules on how to express the
Amendment 340 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) rules on how to express the
Amendment 341 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) Ecodesign requirements, environmental, including climate, functional and safety product requirements for construction products.
Amendment 342 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) e
Amendment 343 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) environmental,
Amendment 344 #
Proposal for a regulation Article 1 – paragraph 1 – point b a (new) (b a) social, including protection, and safety product requirements for construction products.
Amendment 345 #
Proposal for a regulation Article 1 – paragraph 2 This Regulation also establishes obligations incumbent on economic operators dealing with construction products or their components
Amendment 346 #
Proposal for a regulation Article 1 – paragraph 2 a (new) This Regulation shall contribute to the efficient functioning of the internal market and ensuring the safety of construction products as well as workers and consumers, while preventing and reducing the adverse impacts of construction products on the environment and the health and safety of workers, towards a carbon-neutral, environmentally sustainable, toxic-free and fully circular economy within planetary boundaries by 2050 at the latest.
Amendment 347 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 1 – introductory part This Regulation shall apply to construction products
Amendment 348 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 1 – point a Amendment 349 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 1 – point a Amendment 350 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 1 – point a Amendment 351 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 1 – point a (a)
Amendment 352 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 1 – point a (a)
Amendment 353 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 1 – point b Amendment 354 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 1 – point b Amendment 355 #
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 o
Amendment 356 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 1 – point c Amendment 357 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 1 – point c Amendment 358 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 1 – point c Amendment 359 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 1 – point e Amendment 360 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 1 – point f Amendment 361 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 1 – point f Amendment 362 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 1 – point g Amendment 363 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 1 – point g Amendment 364 #
Amendment 365 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 1 – point g Amendment 366 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 2 Amendment 367 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 2 Amendment 368 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 2 Amendment 369 #
Proposal for a regulation Article 2 – paragraph 2 – introductory part 2. This Regulation shall also apply to used construction products
Amendment 370 #
Proposal for a regulation Article 2 – paragraph 2 – point a Amendment 371 #
Proposal for a regulation Article 2 – paragraph 2 – point a (a) those used construction products or items are imported from third countries
Amendment 372 #
Proposal for a regulation Article 2 – paragraph 2 – point b Amendment 373 #
Proposal for a regulation Article 2 – paragraph 2 – point b (b) the economic operator
Amendment 374 #
Proposal for a regulation Article 2 – paragraph 2 – point c Amendment 375 #
Proposal for a regulation Article 2 – paragraph 2 – point d Amendment 376 #
Proposal for a regulation Article 2 – paragraph 2 – point e Amendment 377 #
Proposal for a regulation 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 378 #
Proposal for a regulation Article 2 – paragraph 3 – point a a (new) (a a) photovoltaic elements other than building-integrated photovoltaic (BIPV) elements.
Amendment 379 #
Proposal for a regulation Article 2 – paragraph 3 – point b (b) the hygiene-related qualities of boilers, pipes, tanks and ancillaries and other products intended to be in contact with water for human consumption;
Amendment 380 #
Proposal for a regulation Article 2 – paragraph 3 – point b (b) boilers,
Amendment 381 #
Proposal for a regulation Article 2 – paragraph 3 – point b (b) boilers,
Amendment 382 #
Proposal for a regulation Article 2 – paragraph 3 – point c Amendment 383 #
Proposal for a regulation Article 2 – paragraph 3 – point d Amendment 384 #
Proposal for a regulation Article 2 – paragraph 3 – point d Amendment 385 #
Proposal for a regulation Article 2 – paragraph 3 – point d Amendment 386 #
Proposal for a regulation Article 2 – paragraph 3 – point d Amendment 387 #
Proposal for a regulation Article 2 – paragraph 3 – point d Amendment 388 #
Proposal for a regulation Article 2 – paragraph 3 – point e Amendment 389 #
Proposal for a regulation Article 2 – paragraph 3 – point e Amendment 390 #
(e a) solid fuel heaters subject to Regulation on [the Ecodesign for Sustainable Products];
Amendment 391 #
Proposal for a regulation Article 2 – paragraph 3 – point e a (new) (e a) solid fuel heaters which are already regulated in Ecodesign for Sustainable Product Regulation
Amendment 392 #
Proposal for a regulation Article 2 – paragraph 3 – point e a (new) (e a) photovoltaic elements other than building-integrated photovoltaic (BIPV) elements;
Amendment 393 #
Proposal for a regulation Article 2 – paragraph 3 – point e b (new) (e b) Electrical and electronic products which are not included in products in line 1-32 of the table I of Annex IV.
Amendment 394 #
Proposal for a regulation Article 2 – paragraph 4 Amendment 395 #
Amendment 396 #
Proposal for a regulation Article 2 – paragraph 5 Amendment 397 #
Proposal for a regulation Article 2 – paragraph 5 Amendment 398 #
Proposal for a regulation Article 2 – paragraph 5 5. Member States may exempt from the application of this Regulation construction products
Amendment 399 #
Proposal for a regulation Article 3 – paragraph 1 – point 1 (1) ‘construction product’ means any formed or formless physical item,
Amendment 400 #
Proposal for a regulation Article 3 – paragraph 1 – point 1 (1) ‘construction product’ means any
Amendment 401 #
Proposal for a regulation Article 3 – paragraph 1 – point 1 (1) ‘construction product’ means any
Amendment 402 #
Proposal for a regulation Article 3 – paragraph 1 – point 1 (1) ‘construction product’ means any
Amendment 403 #
Proposal for a regulation Article 3 – paragraph 1 – point 1 (1) ‘construction product’ means any
Amendment 404 #
Proposal for a regulation Article 3 – paragraph 1 – point 1 a (new) (1 a) ‘intermediate product’ means a product that requires further manufacturing or transformation such as mixing, coating or assembling to make it suitable for end users;
Amendment 405 #
Proposal for a regulation Article 3 – paragraph 1 – point 2 (2) ‘permanent’ means
Amendment 406 #
Proposal for a regulation Article 3 – paragraph 1 – point 2 (2) ‘permanent’ means for a duration
Amendment 407 #
Proposal for a regulation Article 3 – paragraph 1 – point 2 (2) ‘permanent’ means
Amendment 408 #
Proposal for a regulation Article 3 – paragraph 1 – point 3 Amendment 409 #
Proposal for a regulation Article 3 – paragraph 1 – point 3 (3) ‘product’ means a
Amendment 410 #
Proposal for a regulation Article 3 – paragraph 1 – point 4 (4) ‘making available on the market’
Amendment 411 #
Proposal for a regulation Article 3 – paragraph 1 – point 4 a (new) (4 a) 'decorative purposes' means aesthetic goals not related to the basic requirements on construction works as listed in Annex I
Amendment 412 #
Proposal for a regulation Article 3 – paragraph 1 – point 5 Amendment 413 #
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;
Amendment 414 #
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;
Amendment 415 #
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
Amendment 416 #
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
Amendment 417 #
Proposal for a regulation Article 3 – paragraph 1 – point 8 (8) ‘product requirements’ means a
Amendment 418 #
Proposal for a regulation Article 3 – paragraph 1 – point 8 (8) ‘product requirements’ means a threshold level or another characteristic with which a product has to comply before it can be placed on the market
Amendment 419 #
Proposal for a regulation Article 3 – paragraph 1 – point 8 (8)
Amendment 420 #
Proposal for a regulation Article 3 – paragraph 1 – point 9 (9) ‘economic operator’ means the
Amendment 421 #
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,
Amendment 422 #
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,
Amendment 423 #
Proposal for a regulation Article 3 – paragraph 1 – point 9 a (new) (9 a) 'recycled content' means the proportion, by mass, of recycled material in a construction product or packaging. Only such pre-consumer and post- consumer materials are considered as recycled content for which zero pollution criteria are defined in a European standard for the recyclates concerned.
Amendment 424 #
Proposal for a regulation Article 3 – paragraph 1 – point 10 Amendment 425 #
Proposal for a regulation Article 3 – paragraph 1 – point 10 Amendment 426 #
Proposal for a regulation Article 3 – paragraph 1 – point 11 Amendment 427 #
Proposal for a regulation Article 3 – paragraph 1 – point 11 Amendment 428 #
Proposal for a regulation Article 3 – paragraph 1 – point 12 (12) ‘manufacturer’
Amendment 429 #
Proposal for a regulation Article 3 – paragraph 1 – point 13 Amendment 430 #
Proposal for a regulation Article 3 – paragraph 1 – point 13 Amendment 431 #
Proposal for a regulation Article 3 – paragraph 1 – point 14 (14) ‘construction works’ means buildings and civil engineering works that
Amendment 432 #
Proposal for a regulation Article 3 – paragraph 1 – point 15 Amendment 433 #
Proposal for a regulation Article 3 – paragraph 1 – point 15 Amendment 434 #
Proposal for a regulation Article 3 – paragraph 1 – point 16 (16) ‘level’ means the
Amendment 435 #
Proposal for a regulation Article 3 – paragraph 1 – point 17 (17) ‘class’ means a
Amendment 436 #
Proposal for a regulation 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 437 #
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
Amendment 438 #
Proposal for a regulation Article 3 – paragraph 1 – point 19 a (new) (19 a) ‘product passport’ means a set of data specific to a product that includes the information specified in the applicable delegated act adopted pursuant to Article 4 and that is accessible via electronic means through a data carrier in accordance with Chapter III;
Amendment 439 #
Proposal for a regulation Article 3 – paragraph 1 – point 22 Amendment 440 #
Proposal for a regulation Article 3 – paragraph 1 – point 25 (25) ‘intended use’ means the
Amendment 441 #
Proposal for a regulation Article 3 – paragraph 1 – point 26 (26) ‘repair’ means the process of
Amendment 442 #
Proposal for a regulation Article 3 – paragraph 1 – point 26 (26) ‘repair’ means the process of
Amendment 443 #
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
Amendment 444 #
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;
Amendment 445 #
Proposal for a regulation Article 3 – paragraph 1 – point 31 (31) ‘product type’ means the abstract model of individual products, de
Amendment 446 #
Proposal for a regulation 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
Amendment 447 #
Proposal for a regulation Article 3 – paragraph 1 – point 32 Amendment 448 #
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
Amendment 449 #
Proposal for a regulation Article 3 – paragraph 1 – point 37 (37) ‘factory production control’ means the documented, permanent and internal production control
Amendment 450 #
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, the European Assessment Documents and the Commission acts of general applicability adopted pursuant this Regulation;
Amendment 451 #
Proposal for a regulation Article 3 – paragraph 1 – point 38 (38) ‘harmonised zone’ means the sphere jointly covered by this Regulation, the harmonised
Amendment 452 #
Proposal for a regulation Article 3 – paragraph 1 – point 39 Amendment 453 #
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
Amendment 454 #
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.
Amendment 455 #
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”);
Amendment 456 #
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
Amendment 457 #
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 building logbooks;
Amendment 458 #
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;
Amendment 459 #
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;
Amendment 460 #
Proposal for a regulation Article 3 – paragraph 1 – point 46 (46) ‘harmonised
Amendment 461 #
Proposal for a regulation Article 3 – paragraph 1 – point 46 (46) ‘harmonised
Amendment 462 #
Proposal for a regulation Article 3 – paragraph 1 – point 46 a (new) (46 a) ‘harmonised technical specifications’ means harmonised standards and European Assessment Documents;
Amendment 463 #
Proposal for a regulation Article 3 – paragraph 1 – point 46 a (new) (46 a) ‘harmonised technical specifications’ means harmonised standards and European Assessment Documents;
Amendment 464 #
Proposal for a regulation Article 3 – paragraph 1 – point 48 Amendment 465 #
Proposal for a regulation Article 3 – paragraph 1 – point 51 Amendment 466 #
Proposal for a regulation Article 3 – paragraph 1 – point 52 Amendment 467 #
Proposal for a regulation Article 3 – paragraph 1 – point 57 (57) ‘broker’ means any natural or legal person providing an intermediation service for the placing on the market
Amendment 468 #
Proposal for a regulation Article 3 – paragraph 1 – point 58 Amendment 469 #
Proposal for a regulation Article 3 – paragraph 1 – point 60 Amendment 470 #
Proposal for a regulation Article 3 – paragraph 1 – point 63 a (new) (63 a) 'life-cycle assessment' means approach to assess the carbon footprint of construction products and make the information available to allow customers to compare and choose sustainable materials.
Amendment 471 #
Proposal for a regulation Article 3 – paragraph 1 – point 64 a (new) (64 a) 'reuse or reclamation dealer’ is an economic actor who acquires and sells reclaimed construction elements. Most salvage or reclamation dealers are equipped to under take specific operations to prepare reclaimed construction elements for reuse. This involves, for example, sorting, cleaning, dimensioning, documenting, advertising and shipping. Some salvage or reclamation dealers combine the sale of reclaimed products with an activity as deconstructors or demolition contractors.
Amendment 472 #
Proposal for a regulation Article 3 – paragraph 1 – point 71 a (new) (71 a) substance of concern’ means a substance that: (a) meets the criteria laid down in Article 57and is identified in accordance with Article59(1) of Regulation (EC) No 1907/2006;or (b) is classified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 in one of the following hazard classes or hazard categories: – carcinogenicity categories 1 and 2, – germ cell mutagenicity categories 1 and 2, – reproductive toxicity categories 1 and 2, [to be added in the course of the legislative procedure once Regulation (EC) No1272/2008 contains these hazard classes:Persistent, Bioacumulative, Toxic (PBTs),very Persistent very Bioaccumulative (vPvBs);Persistent, Mobile and Toxic (PMT), very Persistent very Mobile (vPvM);Endocrine disruption], – respiratory sensitisation category 1, – skin sensitisation category 1, – chronic hazard to the aquatic environment categories 1 to 4, – hazardous to the ozone layer,– specific target organ toxicity – repeated exposure categories 1 and 2, – specific target organ toxicity – single exposure categories 1 and 2;or (c) negatively affects the re-use and recycling of materials in the product in which it is present;
Amendment 473 #
Proposal for a regulation Article 3 – paragraph 1 – point 71 a (new) (71 a) ‘recyclability’ means the management and processing of waste by design, based on separate collection, sorting in separate streams, recycling at commercial scale, and use of recycled materials to replace the same virgin materials in new products.
Amendment 474 #
Proposal for a regulation Article 3 – paragraph 1 – point 71 a (new) (71 a) ‘construction product passport’ means a set of data specific to a construction product that includes the information specified under this Regulation that is accessible via electronic means through a data carrier;
Amendment 475 #
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
Amendment 476 #
Proposal for a regulation Article 3 – paragraph 1 – point 71 a (new) (71 a) 'sustainable' means not only the inclusion of aspects concerning the environment, but also social aspects
Amendment 477 #
Proposal for a regulation Article 3 – paragraph 1 – point 71 b (new) (71 b) ‘intermediate product’ means a product that requires further manufacturing or transformation such as mixing, coating or assembling to make it suitable for end users;
Amendment 478 #
Proposal for a regulation Article 3 – paragraph 1 – point 71 c (new) (71 c) 'recyclable material´ means a characteristic of a product, packaging or associated component that can be diverted from the waste stream through available processes and programmes and can be collected, processed and returned to use in the form of raw materials or products;
Amendment 479 #
Proposal for a regulation Article 3 – paragraph 1 – point 71 d (new) (71 d) ‘recyclability’ means the ability of waste materials or products to be effectively and efficiently separated, collected, sorted and aggregated as defined waste streams in preparation for recycling, and then recycled through relevant industrial processes and reprocessed into recycled materials or products, whilst minimising quality or functionality losses compared to the original material or product;
Amendment 480 #
Proposal for a regulation 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
Amendment 481 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 1 The essential characteristics specified in accordance with paragraph 1 or
Amendment 482 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 1 The essential characteristics specified in accordance with paragraph 1 with the exclusion of paragraph 1(8) 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.
Amendment 483 #
Proposal for a regulation 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 484 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 1 The essential characteristics
Amendment 485 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 2 The Commission
Amendment 486 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 2 The Commission
Amendment 487 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 2 The Commission
Amendment 488 #
The Commission
Amendment 489 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 2 The Commission
Amendment 490 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 3 Amendment 491 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 3 The respective standardisation requests may also include a request that the European standardisation organisation determine in the standards referred to in the first subparagraph the voluntary or mandatory 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 covered . 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 492 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 3 a (new) These standardisation requests shall be issued in accordance with the working plan established in accordance with Article 93a.
Amendment 493 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 4 a (new) Within 12 months of the adoption of this Regulation, the Commission shall produce a report detailing where standards adopted are not in line with EU climate and environmental legislation, and detail steps to adopt Delegated Acts to rectify this shortcoming.
Amendment 494 #
Proposal for a regulation Article 4 – paragraph 2 a (new) 2 a. The essential characteristics covering sustainable use of natural resources and environmental aspects listed in Annex I Part A Point 1 paragraph 1(8) and Point 2, including the methods for their assessment under art. 22(1), shall be covered by delegated acts in accordance with article 87.
Amendment 495 #
Proposal for a regulation Article 4 – paragraph 3 Amendment 496 #
Proposal for a regulation 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
Amendment 497 #
Proposal for a regulation Article 4 – paragraph 3 – introductory part 3.
Amendment 498 #
Proposal for a regulation Article 4 – paragraph 3 – introductory part 3. By way of derogation from paragraph 2 and in order to cover the
Amendment 499 #
Proposal for a regulation Article 4 – paragraph 3 – point a Amendment 500 #
Proposal for a regulation Article 4 – paragraph 3 – point a Amendment 501 #
Proposal for a regulation 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
Amendment 502 #
Proposal for a regulation Article 4 – paragraph 3 – point a (a) the
Amendment 503 #
Proposal for a regulation 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 Amendment 505 #
Proposal for a regulation Article 4 – paragraph 3 – point b Amendment 506 #
Proposal for a regulation 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 Amendment 508 #
Proposal for a regulation Article 4 – paragraph 3 – point c Amendment 509 #
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 and the European standardisation organisations have proven unwilling or unable to revise or amend the relevant standard in due time;
Amendment 510 #
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(1) to 1(7) 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;
Amendment 511 #
Proposal for a regulation 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 Amendment 513 #
Proposal for a regulation Article 4 – paragraph 3 – point d (d) the standards referred to in the first subparagraph of Article 4(2) are for other well-argued reasons considered not sufficient to cover regulatory needs of Member States or the needs of economic operators;
Amendment 514 #
Proposal for a regulation Article 4 – paragraph 3 – point e Amendment 515 #
Proposal for a regulation 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 Amendment 517 #
Proposal for a regulation 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 Amendment 519 #
Proposal for a regulation Article 4 – paragraph 3 – point g Amendment 520 #
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 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) (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 522 #
Proposal for a regulation Article 4 – paragraph 3 a (new) Amendment 523 #
Proposal for a regulation Article 4 – paragraph 3 a (new) 3 a. The essential characteristics covering sustainable use of natural resources and environmental aspects listed in Annex I Part A Point 1 paragraph 1(8) and Point 2, including the methods for their assessment under art. 22(1), shall be covered by delegated acts in accordance with article 87. The respective delegated act shall also determine mandatory threshold levels and classes of performance in relation to the essential characteristics covered.
Amendment 524 #
Proposal for a regulation 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 525 #
Proposal for a regulation Article 4 – paragraph 3 a (new) 3 a. 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 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) 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 528 #
Proposal for a regulation Article 4 – paragraph 3 b (new) 3 b. 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 529 #
Proposal for a regulation 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 530 #
Proposal for a regulation 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 531 #
Proposal for a regulation Article 4 – paragraph 4 – introductory part 4. In order to cover the regulatory needs of Member States
Amendment 532 #
Proposal for a regulation Article 4 – paragraph 4 – introductory part 4.
Amendment 533 #
Proposal for a regulation Article 4 – paragraph 4 – introductory part 4. In order to cover the regulatory needs of Member States and to pursue the environmental, safety and harmonisation goals of Article 114 of the Treaty on the Functioning of the European Union, the Commission is empowered to supplement this Regulation, by means of delegated acts in accordance with Article 87, by determining, for particular product families and categories, which are justified to be included in this regulation, the following:
Amendment 534 #
Proposal for a regulation Article 4 – paragraph 4 – point a Amendment 535 #
Proposal for a regulation Article 4 – paragraph 4 – point a (a) threshold levels and classes of performance in relation to the essential characteristics, taking into account Union climate goals, and which of the essential characteristics may or shall be declared by manufacturers in a transparent manner through the use of digital product passports;
Amendment 536 #
Proposal for a regulation Article 4 – paragraph 4 – point b Amendment 537 #
Proposal for a regulation Article 4 – paragraph 4 a (new) 4 a. When Member States communicate their regulatory needs as regards essential characteristics to the Commission, the Commission shall integrate them in the standardisation request within 12 months. The Commission shall provide a justification in case they refuse to integrate them.
Amendment 538 #
Proposal for a regulation 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 539 #
Proposal for a regulation Article 4 – paragraph 5 5. The Commission, after consultation of the relevant European stakeholder organisations, is 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
Amendment 540 #
Proposal for a regulation 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 541 #
Proposal for a regulation 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 542 #
Proposal for a regulation Article 4 – paragraph 5 a (new) 5 a. Within 12 months of the adoption of this Regulation, the Commission shall produce a report detailing where standards adopted are not in line with EU climate and environmental legislation, and detail steps to adopt Delegated Acts to rectify this shortcoming.
Amendment 543 #
Proposal for a regulation Article 5 – title Product performance and information requirements
Amendment 544 #
Proposal for a regulation Article 5 – title Product performance and information requirements
Amendment 545 #
Proposal for a regulation Article 5 – title Product performance and information requirements
Amendment 546 #
Proposal for a regulation 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 performance requirements laid down in Annex I Part B and C as specified for the respective product family or category in accordance with paragraph 2.
Amendment 547 #
Proposal for a regulation Article 5 – paragraph 1 1. All products covered by this Regulation shall, prior to their placing on the market
Amendment 548 #
Proposal for a regulation 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
Amendment 549 #
Proposal for a regulation 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 performance requirements laid down in Annex I Part B and C 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 550 #
Proposal for a regulation 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
Amendment 551 #
Proposal for a regulation Article 5 – paragraph 1 a (new) 1 a. For Information requirements set out in Annex I part D, manufacturers are required to disclose information in the Declaration of Conformity.
Amendment 552 #
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
Amendment 553 #
Proposal for a regulation Article 5 – paragraph 2 2.
Amendment 554 #
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
Amendment 555 #
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
Amendment 556 #
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
Amendment 557 #
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
Amendment 558 #
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
Amendment 559 #
Proposal for a regulation Article 5 – paragraph 2 a (new) 2 a. For performance requirements set in Annex I part B and C, the respective delegated acts referred to in paragraph 2 shall, as appropriate, include: (a) mandatory threshold levels and classes of performance in relation to a specific product parameter referred to in Annex I part B and C or a combination thereof; (b) non-quantitative requirements that aim to improve performance in relation to one or more parameters referred to in Annex I part B and C or a combination thereof.
Amendment 560 #
Proposal for a regulation Article 5 – paragraph 3 Amendment 561 #
Proposal for a regulation Article 5 – paragraph 3 3. The Commission is empowered to amend Annex I Part B, C and D by means of delegated acts in accordance with Article 87 in order to adapt it to technical progress and in particular to cover new risks and environmental aspects, after discussing with all relevant stakeholders.
Amendment 562 #
Proposal for a regulation Article 5 – paragraph 3 3. The Commission, after consultation with European stakeholder organisations, is empowered to amend Annex I Part B, C and D by means of delegated acts in accordance with Article 87 in order to adapt it to technical progress and in particular to cover new risks
Amendment 563 #
Proposal for a regulation Article 5 – paragraph 3 a (new) 3 a. For performance requirements set in Annex I part B and C, the respective delegated acts shall, as appropriate, include: (a) minimum or maximum levels in relation to a specific product parameter referred to in Annex I part B and C or a combination thereof. (b) non-quantitative requirements that aim to improve performance in relation to one or more parameters referred to in Annex I part B and C or a combination thereof.
Amendment 564 #
Proposal for a regulation Article 5 – paragraph 3 b (new) 3 b. For Information requirements set out in Annex I part D, manufacturers are required to disclose information in the Declaration of Conformity.
Amendment 565 #
Proposal for a regulation Article 5 – paragraph 3 c (new) Amendment 566 #
Proposal for a regulation Article 5 a (new) Amendment 567 #
Proposal for a regulation Article 5 a (new) Article 5 a Alignement with the Ecodesign for Sustainable Products Regulation 48 months after the entry into force of this Regulation, the Commission shall perform a study to assess the alignment of the revised Construction Products Regulation with the [Ecodesign for Sustainable Products Regulation..]. The assessment shall include the following criteria: (a) A first working plan has been established as of art. [5a] (b) the timeline pursued is comparable. (c) Relevant performance requirements have been developed for the top three products identified by the working plan established by art.[5a] In case the assessment is negative, the Ecodesign for Sustainable Products RegulationXXX/XXXX shall apply directly.
Amendment 568 #
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
Amendment 569 #
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.
Amendment 570 #
Proposal for a regulation Article 6 – title Assessment and verification systems
Amendment 571 #
Proposal for a regulation Article 6 – title Assessment and verification systems
Amendment 572 #
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.
Amendment 573 #
Proposal for a regulation Article 6 – paragraph 3 Amendment 574 #
3. In order to counter
Amendment 575 #
Proposal for a regulation Article 7 – paragraph 1 1. The harmonised zone shall be presumed to be comprehensive, covering all
Amendment 576 #
Proposal for a regulation Article 7 – paragraph 1 1. The harmonised zone shall be presumed to be comprehensive, covering all
Amendment 577 #
Proposal for a regulation Article 7 – paragraph 1 1. The harmonised zone shall
Amendment 578 #
Proposal for a regulation Article 7 – paragraph 1 1. The harmonised zone shall be presumed to be comprehensive, covering all potential legal requirements for
Amendment 579 #
Amendment 580 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 2 Amendment 581 #
Proposal for a regulation Article 7 – paragraph 4 4. Where a Member State deems it necessary, on imperative grounds of health, safety or protection of persons, as well as the protection of the environment, including climate, to establish requirements by regulation or to take administrative measures in derogation of paragraph 2, it shall notify the Commission thereof, justifying the need for the procedural obligations established and explain the regulatory need it aims to address and provide evidence both for the existence of the regulatory need and the lack of coverage by the harmonised zone and other Union law. Member States shall to that end use the notification procedure under Directive (EU) 2015/1535, where applicable.
Amendment 582 #
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
Amendment 583 #
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:
Amendment 584 #
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:
Amendment 585 #
Proposal for a regulation Article 7 – paragraph 7 – point a Amendment 586 #
Proposal for a regulation Article 7 – paragraph 8 8. Member States
Amendment 587 #
Proposal for a regulation Article 7 – paragraph 8 8. Member States may ban the destruction of surplus and unsold products and of products taken back in accordance with Article 22(2), point (j) and Article 26 or make the destruction of these products dependent on their prior making available on a national brokering platform for non- commercial use of products.
Amendment 588 #
Proposal for a regulation Article 7 – paragraph 8 8. Member States may ban the destruction of surplus and unsold products or products taken back in accordance with Article 22(2), point (j) and Article 26 or make the destruction of these products dependent on their prior making available on a national brokering platform for non
Amendment 589 #
Proposal for a regulation Article 7 – paragraph 8 8. Member States may ban the destruction of non-custom-made products taken back in accordance with Article 22(2), point (j) and Article 26 or make the destruction of these products dependent on their prior making available on a national brokering platform for non-commercial use of products.
Amendment 590 #
Proposal for a regulation Article 7 – paragraph 8 a (new) 8 a. Taking into account national destruction bans in accordance with paragraph (8) and the information provided in accordance with Article 22a, the Commission shall be empowered to adopt delegated acts according to Article 87 to supplement this Regulation by prohibiting economic operators to destroy surplus and unsold products in the Union, where the destruction of such products falling within a certain product family or category has significant environmental impact
Amendment 591 #
Proposal for a regulation Article 8 – paragraph 1 a (new) Where conflicts arise between this Regulation and Regulation (EU) 2019/1020, Regulation (EU) No 1025/2012 and Regulation (EU) [XXX] (Ecodesign for Sustainable ProductsRegulation), this Regulation shall prevail.
Amendment 592 #
Proposal for a regulation 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) Amendment 594 #
Proposal for a regulation Article 9 – paragraph 1 1. Where a construction product is covered by a harmonised technical specification adopted in accordance with Article 4(2) or (3), 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 may issue a declaration of performance in accordance with the relevant European assessment document and European technical assessment.
Amendment 595 #
Proposal for a regulation Article 9 – paragraph 1 1. Where a construction product is covered by a harmonised
Amendment 596 #
Proposal for a regulation Article 9 – paragraph 3 3. By drawing up the declaration of performance, the manufacturer assumes responsibility for the conformity of the product with such declared performance and becomes liable in accordance with Union and national laws on contractual and extra-contractual liability
Amendment 597 #
Proposal for a regulation Article 10 – paragraph 1 – point a (a) the product is,
Amendment 598 #
Proposal for a regulation Article 10 – paragraph 1 – point b (b) the product is
Amendment 599 #
Proposal for a regulation Article 10 – paragraph 3 Amendment 600 #
Proposal for a regulation Article 10 – paragraph 3 Amendment 601 #
Proposal for a regulation Article 11 – paragraph 1 1. The declaration of performance shall express the performance of products in relation to the essential characteristics of those products in accordance with the relevant harmonised technical specifications, delegated act adopted in accordance to Article 4 paragraph 3 of this Regulation or European assessment document.
Amendment 602 #
Proposal for a regulation Article 11 – paragraph 1 1. The declaration of performance shall express the performance of products in relation to the essential characteristics of those products in accordance with the relevant harmonised technical specification
Amendment 603 #
Proposal for a regulation Article 11 – paragraph 2 2. The declaration of performance shall be drawn up using the model set out in Annex II without the section relating to conformity. The declaration of performance shall at least cover the performance with regard to the mandatory essential characteristics listed in Annex I Part A Point 1.3, Point 1.8 and Point 2, the essential characteristics mandatory by virtue of harmonised technical specifications or delegated acts adopted in accordance with Article 4(3), and the assessment of environmental sustainability referred to in Article 22(1). Information disclosed under Annex I Part A point 2 must be product specific.
Amendment 604 #
Proposal for a regulation Article 11 – paragraph 2 2. The declaration of performance shall be drawn up using the model set out in Annex II without the section relating to conformity. The declaration of performance shall
Amendment 605 #
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.
Amendment 606 #
Proposal for a regulation Article 11 – paragraph 4 4.
Amendment 607 #
Proposal for a regulation Article 11 – paragraph 4 4. The following information
Amendment 608 #
Proposal for a regulation Article 11 – paragraph 4 – point a (new) (a) information on included substances meeting the criteria laid down in Article 57 and is identified in accordance with Article 59(1) of Regulation (EC) No 1907/2006;
Amendment 609 #
Proposal for a regulation Article 11 – paragraph 4 – point b (new) Amendment 610 #
Proposal for a regulation Article 11 – paragraph 4 a (new) 4 a. The substances of concern shall be declared using the model set out in Annex II. In addition, a digital link to the safety data sheet referred to in Regulation (EC) No 1907/2006 of the European Parliament and of the Council shall be provided.
Amendment 611 #
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)
Amendment 612 #
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
Amendment 613 #
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
Amendment 614 #
Proposal for a regulation Article 13 – paragraph 1 – introductory part 1.
Amendment 615 #
Proposal for a regulation Article 13 – paragraph 1 – point a (a) verify the product
Amendment 616 #
Proposal for a regulation Article 13 – paragraph 1 – point a (a) verify the product’s compliance with the product requirements of Annex I Part B and C
Amendment 617 #
Proposal for a regulation 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)
Amendment 618 #
Proposal for a regulation Article 13 – paragraph 1 – point c (c) draw up a declaration of conformity stating that the fulfilment of product and information requirements specified in the applicable delegated acts adopted pursuant to art. 5 and art. 22 have been demonstrated. It shall be continuously updated.
Amendment 619 #
Proposal for a regulation Article 13 – paragraph 3 3. By the declaration of conformity, the manufacturer assumes responsibility for the conformity of the product with the product requirements and becomes liable in accordance with national laws on contractual and extra-contractual liability
Amendment 620 #
Proposal for a regulation Article 14 – paragraph 1 1. The declaration of conformity shall express conformity of a product with product requirements referred to in Article 5(1) and (2) and Article 22.
Amendment 621 #
Proposal for a regulation Article 14 – paragraph 4 4. The manufacturer shall fulfil the obligations of this Article as from the
Amendment 622 #
Proposal for a regulation Article 14 – paragraph 4 a (new) Amendment 623 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 1 Amendment 624 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 1 Where the declaration is provided by electronic means, the manufacturer shall issue that declaration in a commonly machine readable, but unamendable electronic format.
Amendment 625 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 1 Where the declaration is provided by electronic means, either actively or by using a permalink, the manufacturer shall issue that declaration in a
Amendment 626 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 2 Amendment 627 #
Proposal for a regulation Article 15 – paragraph 3 3. Declarations may contain permalinks to unamendable
Amendment 628 #
Proposal for a regulation Article 15 – paragraph 3 3. Declarations
Amendment 629 #
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. 11. The Commission is empowered to adopt implementing acts to set a longer time period than the one provided in paragraph 8 of this Article, taking into account the nature of the construction produce or the requirements concerned.
Amendment 630 #
Proposal for a regulation Article 15 a (new) Amendment 631 #
Proposal for a regulation Article 15 a (new) Article 15 a Construction product passport 1. The construction product passport consists of: (a) the declaration of performance or the combined declaration of performance and conformity and (b) the product requirements laid down in Annex I Part D. 2. The construction product passport shall be accessible via electronic means through the data carrier. 3. The following data carriers may be used to access the construction product passport: (a) QR code; (b) Bar code; (c) RFID chip; (d) Permalink 4. The construction product passport and its information shall be accessible to all economic operator, clients, users and authorities accessing it through the data carrier. 5. Construction product passports shall be made accessible on the manufacturer’s website or an online platform chosen by the manufacturer of the respective products . 6. Once a construction product is placed on the market the information in the construction product passport connected to it must not be modified.
Amendment 632 #
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 5working days of the dealer’s request.
Amendment 633 #
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.
Amendment 634 #
Proposal for a regulation Article 15 b (new) Amendment 635 #
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 product passports required by other EU legislation; (b) consumers, economic operators and other relevant actors shall have free access to the construction product passport; (c) the data included in the construction product passport shall be stored by the economic operator responsible for its creation or by operators authorised to act on their behalf; (d) 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; (e) the construction product passport shall remain available for the period specified in delegated acts adopted pursuant to Article 87,including after an insolvency, a liquidation or a cessation of activity in the Union of the economic operator that created the product passport; (f) the rights to access and to introduce, modify or update information in product passport shall be restricted based on the access rights specified in delegated acts adopted pursuant to Article 4; (g) data authentication, reliability and integrity shall be ensured; (h) construction product passports shall be designed and operated so that a high level of security and privacy is ensured and fraud is avoided.
Amendment 636 #
Proposal for a regulation Article 15 c (new) Amendment 637 #
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.
Amendment 638 #
Proposal for a regulation Article 15 d (new) Article 15 d Unique operator identifier and unique facility identifier 1. The unique operator identifiers of the manufacturer or the unique operator identifiers other than that of the manufacturer, and the unique facility identifiers, shall comply with the ISO/IEC standard 15459:2015. 2. Where a unique operator identifier referred to in paragraph 1 is not yet available, the economic operator creating the construction product passport shall request a unique operator identifier on behalf of the relevant actor. Before issuing a request as referred to in the first subparagraph, the economic operator creating the construction product passport shall seek confirmation from the actor concerned that no unique operator identifier exists and shall provide the supply chain actor concerned with full details of the released unique operator identifier. 3. Where a unique facility identifier referred to in paragraph 1 is not yet available, the economic operator creating the construction product passport shall request a unique facility identifier on behalf of the actor responsible for the relevant location or building. Before issuing a request as referred to in the first subparagraph, the economic operator creating the product passport shall seek confirmation from the responsible actor that no unique facility identifier exists and provide the responsible actor with the full details of the released unique facility identifier. 4. The Commission is empowered to adopt delegated acts in accordance with Article 87to amend paragraph 1 of this Article in light of technical and scientific progress by replacing the standard referred to in that paragraph or adding European or international standards with which unique operator identifiers and unique facility identifiers referred to in paragraph 1may comply for the purposes of meeting the conditions set out in this Article.
Amendment 639 #
Proposal for a regulation Article 15 e (new) Article 15 e Construction product passport registry The Commission shall set up and maintain a registry storing information included in the construction product passports by delegated acts adopted pursuant to Article 87. The registry referred to in the first subparagraph shall at least include a list of the data carriers and unique product identifiers referred to in Article 15d (1).The Commission shall ensure that the information stored in the registry referred to in the first subparagraph is processed securely and in compliance with Union law, including applicable rules on the protection of personal data. 2. The Commission shall, in the delegated acts adopted pursuant to Article 87,specify the information which, in addition to being included in the product passport, shall be stored in the registry referred to in paragraph 1, taking into account at least the following criteria: (a) the need to allow for the verification of the authenticity of the product passport; (b) the relevance of information for improving the efficiency and effectiveness of market surveillance checks and customs controls in relation to construction products; (c) the need to avoid disproportionate administrative burden for economic operators. 3. In relation to its responsibility to establish and manage the registry referred to in paragraph 1and the processing of any personal data that might result from that activity, the Commission shall be regarded as controller as defined in Article 3, point(8), of Regulation (EU) 2018/1725. 4. The economic operator placing the product on the market or putting it into service shall upload, in the registry referred to in paragraph 1, the information referred to in paragraph 2. 5. The Commission, competent national authorities and customs authorities shall have access to the registry referred to in this Article for carrying out their duties pursuant to Union legislation.
Amendment 640 #
Proposal for a regulation Article 15 f (new) Amendment 641 #
Proposal for a regulation 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
Amendment 642 #
Proposal for a regulation Article 16 – paragraph 2 2. The CE marking shall be affixed to
Amendment 643 #
Proposal for a regulation 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 or a declaration of performance and conformity in accordance with Articles 9 and 11 to 14. The CE marking shall be affixed to key parts.
Amendment 644 #
Proposal for a regulation 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
Amendment 645 #
Proposal for a regulation 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
Amendment 646 #
Proposal for a regulation Article 16 – paragraph 6 – subparagraph 1 A Member State shall not prohibit or impede, within its territory or under its responsibility, the making available on the market or the use of products bearing the CE marking
Amendment 647 #
Proposal for a regulation Article 16 – paragraph 6 – subparagraph 2 A Member State shall not prohibit or impede, within its territory or under its responsibility, the making available on the market or the use of products bearing the CE marking, when the declared performances correspond to the requirements for such use in that Member State or the product conforms with product requirements set-up in or by means of this Regulation, unless it is specified in the respective harmonised technical specification that the respective requirements constitute only minimum requirements.
Amendment 648 #
Proposal for a regulation 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 649 #
Proposal for a regulation 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
Amendment 650 #
Proposal for a regulation Article 17 – paragraph 2 – subparagraph 1 – point e Amendment 651 #
Proposal for a regulation Article 17 – paragraph 2 – subparagraph 1 – point g Amendment 652 #
Proposal for a regulation Article 17 – paragraph 2 – subparagraph 2 The items listed in points d) to f) may be replaced by a permalink or data-carrier to the combined declaration of performance and of conformity (electronic CE marking).
Amendment 653 #
Proposal for a regulation Article 17 – paragraph 3 3. The CE marking shall be affixed before the product is placed on the market
Amendment 654 #
Proposal for a regulation Article 18 – paragraph 1 Markings other than the CE marking, including private ones, may be affixed on a
Amendment 655 #
Proposal for a regulation 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 state commissioned type I-ecolabels (ISO 14024)
Amendment 656 #
Proposal for a regulation 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
Amendment 657 #
Proposal for a regulation Article 18 – paragraph 1 Markings other than the CE marking, including private ones, may be affixed on a product only if they do not
Amendment 658 #
Proposal for a regulation Article 18 – paragraph 1 Markings other than the CE marking, including private ones and excluding Type I (ISO 14024) ecolabels, may be affixed on a product only if they do not cover or refer to
Amendment 659 #
Proposal for a regulation Article 18 – paragraph 1 a (new) Markings other than the CE marking, including private ones, may contain additional information that could help users to make an informed choice on which product would be best suited for the needs of their construction work
Amendment 660 #
Proposal for a regulation Article 18 – paragraph 2 Amendment 661 #
Proposal for a regulation Article 18 – paragraph 2 Amendment 662 #
Proposal for a regulation Article 19 – paragraph 1 1. An economic operator shall take all necessary measures to ensure continued compliance
Amendment 663 #
Proposal for a regulation Article 19 – paragraph 2 Amendment 664 #
Proposal for a regulation Article 19 – paragraph 2 Amendment 665 #
Proposal for a regulation Article 19 – paragraph 3 – subparagraph 1 – introductory part An economic operator shall, on request of a
Amendment 666 #
Proposal for a regulation Article 19 – paragraph 3 – subparagraph 1 – point c 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 Amendment 669 #
Proposal for a regulation 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 Amendment 671 #
Proposal for a regulation Article 19 – paragraph 3 – subparagraph 2 – point iii (iii) email addresses
Amendment 672 #
Proposal for a regulation Article 19 – paragraph 3 – subparagraph 2 – point v Amendment 673 #
Proposal for a regulation Article 19 – paragraph 3 – subparagraph 2 – point v Amendment 674 #
Proposal for a regulation Article 19 – paragraph 3 – subparagraph 2 – point vi (vi) names, addresses, contact details of natural or legal persons acting for those operators, in compliance with the GDPR.
Amendment 675 #
Proposal for a regulation Article 19 – paragraph 5 – subparagraph 1 An economic operator
Amendment 676 #
Proposal for a regulation Article 19 – paragraph 5 – subparagraph 1 An economic operator shall provide all the requested data, in
Amendment 677 #
Proposal for a regulation Article 19 – paragraph 6 6. An economic operator
Amendment 678 #
Proposal for a regulation Article 21 – paragraph 1 1. The manufacturer shall determine the product type, respecting the boundaries set up therefore by the definition provided in Article 3 point (31).
Amendment 679 #
Proposal for a regulation Article 21 – paragraph 2 Amendment 680 #
Proposal for a regulation Article 21 – paragraph 2 – introductory part 2. The manufacturer shall refrain from any claim about the characteristics and performance of a product that is not based on:
Amendment 681 #
Proposal for a regulation Article 21 – paragraph 2 – introductory part 2. The manufacturer shall refrain from any claim about the characteristics and performance of a product that is not based on:
Amendment 682 #
Proposal for a regulation Article 21 – paragraph 3 – subparagraph 1 The manufacturer shall, as the basis for the declarations referred to in paragraph 1, draw up a technical documentation describing the intended use including the
Amendment 683 #
Proposal for a regulation Article 21 – paragraph 3 – subparagraph 2 That technical documentation shall contain the mandatory or facultative calculation of environmental
Amendment 684 #
Proposal for a regulation Article 21 – paragraph 5 – subparagraph 1 The manufacturer shall ensure that its product bear a manufacturer-specific type number
Amendment 685 #
Proposal for a regulation Article 21 – paragraph 5 – subparagraph 2 Amendment 686 #
Proposal for a regulation Article 21 – paragraph 5 – subparagraph 2 Amendment 687 #
Proposal for a regulation Article 21 – paragraph 5 – subparagraph 2 The manufacturer
Amendment 688 #
Proposal for a regulation 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 689 #
Proposal for a regulation Article 21 – paragraph 7 7. The manufacturer shall
Amendment 690 #
Proposal for a regulation Article 21 – paragraph 7 7. The manufacturer shall
Amendment 691 #
Proposal for a regulation 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 692 #
Proposal for a regulation Article 21 – paragraph 9 9. Where the product presents a risk
Amendment 693 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point b (b) under the conditions set out in point (a)(i) and (ii) give preference to recyclable materials, renewable materials and materials gained from recycling;
Amendment 694 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point b (b) under the conditions set out in point
Amendment 695 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point c (c) respect the minimum recycled content obligations and other limit values regarding aspects of environmental
Amendment 696 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point h (h) design products in such a way that re-use, remanufacturing and recycling are facilitated, namely by facilitating the separation of components and materials at de-installation, deconstruction and demolition and at the later stage of recycling and avoiding mixed, blended or intricate materials, unless remanufacturing and recycling are risky for human safety or the environment. In this case the manufacturer shall refrain from such design and warn against remanufacturing and recycling in accordance with the following point;
Amendment 697 #
Proposal for a regulation Article 22 – paragraph 5 Amendment 698 #
Proposal for a regulation Article 22 – paragraph 6 Amendment 699 #
Proposal for a regulation Article 22 – paragraph 6 6. The manufacturer shall affix the
Amendment 700 #
Proposal for a regulation Article 23 – paragraph 1 1. A manufacturer may appoint, by a written mandate, any natural or legal person established within the Union as a single authorised representative.
Amendment 701 #
Proposal for a regulation Article 23 – paragraph 1 1. A manufacturer established in the Union may appoint, by a written mandate, any natural or legal person established within the Union as a single authorised representative. A manufacturer not established in the Union shall appoint a single authorised representative.
Amendment 702 #
Proposal for a regulation Article 23 – paragraph 2 2. Authorised representatives shall act with due care in relation to the obligations of this Regulation. They shall be liable for
Amendment 703 #
Proposal for a regulation Article 23 – paragraph 3 – subparagraph 1 – point c (c) terminate the contract, when deemed appropriate, where the manufacturer infringes this Regulation and inform thereof the competent national authorities of the Member States where the product is placed on the market and the national competent authority of his own place of business;
Amendment 704 #
Proposal for a regulation Article 23 – paragraph 3 – subparagraph 1 – point d (d) when having reason to believe that a product in question is non-compliant or presents a risk, inform the manufacturer and the national competent authorities of the Member States where the product is placed on the market and the national competent authority of his own place of business thereof; and
Amendment 705 #
Proposal for a regulation Article 23 – paragraph 5 5. Where an authorised representative
Amendment 706 #
Proposal for a regulation Article 24 – paragraph 4 Amendment 707 #
Proposal for a regulation Article 24 – paragraph 7 7. The importer shall investigate complaints, and,
Amendment 708 #
Proposal for a regulation Article 24 – paragraph 7 7. The importer shall investigate complaints, and
Amendment 709 #
Proposal for a regulation Article 24 – paragraph 8 8. The importer selling to final users shall also fulfil the obligations incumbent on distributors.
Amendment 710 #
Proposal for a regulation Article 25 – paragraph 2 2. When making a product available on the market, the distributors shall verify at a documentary level that the manufacturer and the importer have complied with the requirements set out in Article 21(1), (5) and (6) and where applicable in Article 22(2), points (f) and (i) and shall fulfil the obligations incumbent on importers in accordance with Article 24(
Amendment 711 #
Proposal for a regulation Article 25 – paragraph 3 Amendment 712 #
Proposal for a regulation Article 25 – paragraph 3 Amendment 713 #
Proposal for a regulation Article 25 – paragraph 3 Amendment 715 #
Proposal for a regulation Article 26 – paragraph 1 – point f (f) it claims for it characteristics deviating from the characteristics decla
Amendment 716 #
Proposal for a regulation Article 26 – paragraph 2 – point b – point ii Amendment 717 #
Proposal for a regulation Article 27 – paragraph 1 1. When contributing to the making available on the market
Amendment 718 #
Proposal for a regulation Article 28 Amendment 719 #
Proposal for a regulation Article 29 Amendment 720 #
Proposal for a regulation Article 29 – paragraph 1 Amendment 721 #
Proposal for a regulation Article 29 – paragraph 2 2. Where an economic operator
Amendment 722 #
Proposal for a regulation Article 30 Amendment 723 #
Proposal for a regulation Article 30 – paragraph 1 – point a (a) provide to manufacturers, notified bodies and authorities all available information on the social impact and environmental sustainability of their supplied component or service all along their lifecycle, in compliance with article 4, article 5 and article 22 and including relevant information over raw material extraction and biodiversity impacts;
Amendment 724 #
Proposal for a regulation Article 30 – paragraph 1 – point a (a) provide to manufacturers, notified bodies and authorities
Amendment 725 #
Proposal for a regulation Article 30 – paragraph 1 – point a (a) provide to manufacturers, notified bodies and authorities all available information on the environmental
Amendment 726 #
Proposal for a regulation Article 30 – paragraph 2 2. Where a supplier or service provider has been informed in accordance with the last sentence of Article 21(8), it shall forward that information to his other clients who have, in the last
Amendment 727 #
Proposal for a regulation Article 31 Amendment 728 #
Proposal for a regulation Article 31 Amendment 729 #
Proposal for a regulation Article 32 – paragraph 1 – point b (b) the economic operator uses the currency of the Member States
Amendment 730 #
Proposal for a regulation Article 32 – paragraph 2 2. Member States shall designate a single centralised market surveillance authority responsible for detecting products offered from economic operators outside the Union to clients on their territory online and via other distance sales methods, and that may not respect the Union rules and norms.
Amendment 731 #
Proposal for a regulation Article 33 Amendment 732 #
Proposal for a regulation Article 33 Amendment 733 #
Proposal for a regulation 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
Amendment 734 #
Proposal for a regulation 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 product not covered by:
Amendment 735 #
Proposal for a regulation 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 736 #
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 737 #
Proposal for a regulation Article 35 – paragraph 2 – subparagraph 1 – point a (a) a harmonised
Amendment 738 #
Proposal for a regulation Article 35 – paragraph 2 – subparagraph 1 – point a (a) a harmonised
Amendment 739 #
Proposal for a regulation Article 35 – paragraph 2 – subparagraph 1 – point b (b) a harmonised technical specification intended to be adopted in the next
Amendment 740 #
Proposal for a regulation Article 35 – paragraph 2 – subparagraph 1 – point b (b) a harmonised
Amendment 741 #
Proposal for a regulation Article 35 – paragraph 2 – subparagraph 2 – introductory part The product shall not be considered as covered by the harmonised
Amendment 742 #
Proposal for a regulation Article 35 – paragraph 2 a (new) 2 a. The European Commission shall task EOTA and CEN to create an efficient and agile process to ensure that no European assessment document (EAD) is issued for products, the scope of which is covered by a harmonised standards(hEN) or by its revision.
Amendment 743 #
Proposal for a regulation Article 36 – paragraph 1 – subparagraph 1 – point b (b) to not disclos
Amendment 744 #
Proposal for a regulation Article 38 – paragraph 1 a (new) Amendment 745 #
Proposal for a regulation Article 40 – paragraph 1 – point a (a) a description of the kind or category of products product covered; and
Amendment 746 #
Proposal for a regulation Article 40 – paragraph 1 – point a (a) a description of the kind of categories of products covered; and
Amendment 747 #
Proposal for a regulation Article 40 – paragraph 1 – point b (b) the list of essential characteristics, relevant for the intended use of the kind or category of products product 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 748 #
Proposal for a regulation 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 749 #
Proposal for a regulation Article 40 – paragraph 2 2. Principles for the applicable factory production control to be applied shall be set out in the European assessment document, taking into account the conditions of the manufacturing process of the kind or category of products product concerned.
Amendment 750 #
Proposal for a regulation Article 40 – paragraph 3 3. Where the performance of some of certain essential characteristics of the kind or category of products product can appropriately be assessed with methods and criteria established in harmonised technical specifications or European assessment documents, those existing methods and criteria shall be incorporated as parts of the European assessment document
Amendment 751 #
Proposal for a regulation Article 46 – paragraph 6 6. The Commission may make the financing of the organisation of TABs, regardless of via grants or public tenders,
Amendment 752 #
Proposal for a regulation Article 59 – paragraph 3 a (new) 3 a. Where the Commission ascertains that a notified body does not meet, or no longer meets, the requirements for its notification, it shall inform the notifying Member State accordingly and request it to take the necessary corrective measures, including withdrawal of notification, if necessary.
Amendment 753 #
Proposal for a regulation Article 61 – paragraph 4 – point c (c) a product placed on the market, due to its physical condition, is likely to cause a
Amendment 754 #
Amendment 755 #
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
Amendment 756 #
Proposal for a regulation Article 64 – paragraph 1 – point a a (new) (a a) the construction product, covered by a harmonised standard, 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; or
Amendment 757 #
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
Amendment 758 #
Proposal for a regulation Article 65 – paragraph 1 Amendment 759 #
Proposal for a regulation Article 65 – paragraph 2 Amendment 760 #
Proposal for a regulation Article 68 – paragraph 2 2. Where the Commission consider a complaint or report relevant and substantiated
Amendment 761 #
Proposal for a regulation Article 68 – paragraph 2 a (new) 2 a. The Commission shall adopt an implementing act with the procedure referred to in Article to establish the criteria and the timeline referred to in paragraph 2 of this Article.
Amendment 762 #
Proposal for a regulation Article 69 – paragraph 2 2. Member States shall designate, amongst their competent authorities, the ‘national competent authority’ which is the
Amendment 763 #
Proposal for a regulation Article 69 a (new) Article 69 a Market surveillance access to documents Market surveillance authorities shall have the powers listed in Article 14(4) of Regulation (EU) 2019/1020. These powers are, by virtue of this Regulation and only for the scope of application of this Regulation, extended and complemented so as to include the following powers: (a) the power to require any public authority, body or agency within the same Member State and any economic operator and natural or legal person supporting them to provide the documents, technical specifications, data, and information listed in point (a) and (b) of Article 14(4) of Regulation (EU) 2019/1020 and relevant for compliance with this Regulation or the documents and information referred to in Chapters II to VIII of this Regulation; (b) the power to, before submitting a reasoned request under Article 22(2) of Regulation (EU) 2019/1020, directly request information from economic operators and natural or legal persons supporting them in another Member State; (c) the power to request information from authorities, economic operators and natural or legal persons supporting the latter, where all these are located in third countries;
Amendment 764 #
Proposal for a regulation 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
Amendment 765 #
Proposal for a regulation Article 70 a (new) Amendment 766 #
Proposal for a regulation Article 70 b (new) Article 70 b Market surveillance authorities:access to documents Market surveillance authorities shall have the powers listed in Article 14(4) of Regulation (EU) 2019/1020. These powers are, by virtue of this Regulation and only for the scope of application of this Regulation, extended and complemented so as to include the following powers: (a) the power to require any public authority, body or agency within the same Member State and any economic operator and natural or legal person supporting them to provide the documents, technical specifications, data, and information listed in point (a) and (b) of Article 14(4) of Regulation (EU) 2019/1020 and relevant for compliance with this Regulation or the documents and information referred to in Chapters II to VIII of this Regulation; (b) the power to, before submitting a reasoned request under Article 22(2) of Regulation (EU) 2019/1020, directly request information from economic operators and natural or legal persons supporting them in another Member State; (c) the power to request information from authorities, economic operators and natural or legal persons supporting the latter, where all these are located in third countries;
Amendment 767 #
Proposal for a regulation Article 71 – paragraph 1 – subparagraph 1 Where, on completion of the procedure set out in Article 70(4), objections are raised against a measure taken by a Member State or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States and the relevant economic operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall, within 3 months from the notification referred to in Article 70(6) decide by
Amendment 768 #
Proposal for a regulation Article 71 – paragraph 2 2. If the national measure is considered justified, all Member States shall take the necessary measures to ensure that the non-compliant product is withdrawn from their markets without delay and shall inform the Commission accordingly. If the national measure is considered unjustified, the Member State concerned shall withdraw the measure.
Amendment 769 #
Proposal for a regulation Article 72 – paragraph 3 a (new) 3 a. Consumers shall be enabled to enter information on construction products presenting a risk to consumers through a specific section of the Safety Gate portal provided for in Article 2 of the General Product Safety Regulation. The Commission shall take due account of the information received and ensure appropriate follow-up actions, including transmission of the information to the relevant national authorities.
Amendment 770 #
Proposal for a regulation Article 73 Amendment 771 #
Proposal for a regulation Article 74 – paragraph 2 – subparagraph 1 – point d (d) elaborate guidelines for the application and enforcement of requirements and obligations set out in
Amendment 772 #
Proposal for a regulation Article 75 – paragraph 1 Amendment 773 #
Proposal for a regulation Article 76 – paragraph 1 Amendment 774 #
Proposal for a regulation Article 77 – paragraph 8 8. Member States and the Commission may use artificial intelligence systems to detect diverging decision making practices.
Amendment 775 #
Proposal for a regulation Article 78 – paragraph 1 1. The Commission is empowered to
Amendment 776 #
Proposal for a regulation Article 78 – paragraph 1 1. The Commission is empowered to supplement this Regulation by means of delegated act according to Article 87,
Amendment 777 #
1.
Amendment 778 #
Proposal for a regulation 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 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
Amendment 780 #
Proposal for a regulation Article 78 – paragraph 2 Amendment 781 #
Amendment 782 #
Proposal for a regulation Article 78 – paragraph 3 – subparagraph 1 – introductory part The Commission may, by implementing acts
Amendment 783 #
Proposal for a regulation Article 78 – paragraph 3 – subparagraph 1 – introductory part The Commission may, by implementing acts
Amendment 784 #
Proposal for a regulation Article 78 – paragraph 3 – subparagraph 1 – point a Amendment 785 #
Proposal for a regulation Article 78 – paragraph 3 – subparagraph 1 – point a Amendment 786 #
Proposal for a regulation Article 78 – paragraph 3 – subparagraph 1 – point b Amendment 787 #
Proposal for a regulation Article 78 – paragraph 3 – subparagraph 1 – point b Amendment 788 #
Proposal for a regulation Article 78 – paragraph 3 – subparagraph 1 – point c Amendment 789 #
Proposal for a regulation Article 78 – paragraph 3 – subparagraph 1 – point c Amendment 790 #
Proposal for a regulation Article 78 – paragraph 3 – subparagraph 1 – point d Amendment 791 #
Proposal for a regulation Article 78 – paragraph 3 – subparagraph 1 – point d Amendment 792 #
Proposal for a regulation Article 79 – paragraph 1 1. Member States shall support economic operators by product contact points for construction. Member States shall designate and maintain at least one product contact point for construction on their territory and shall ensure that their product contact points for construction have sufficient powers and adequate resources for the proper performance of their tasks
Amendment 793 #
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:
Amendment 794 #
Proposal for a regulation Article 82 – paragraph 1 – introductory part 1. The Commission after consultation with the Member states may cooperate, including through the exchange of information, with third countries or international organisations in the field of application of this Regulation, such as:
Amendment 795 #
Proposal for a regulation Article 82 – paragraph 1 – point e (e) scientific, technical, and regulatory matters, aiming to improve product safety
Amendment 796 #
Proposal for a regulation Article 82 – paragraph 1 – point h a (new) (h a) the emerging issues concerning the protection of persons working with the products
Amendment 797 #
Proposal for a regulation Article 83 Amendment 798 #
Proposal for a regulation Article 83 – paragraph 1 – subparagraph 1 Where Member States provide incentives for a product category covered by a delegated act establishing performance classes in accordance with Article 4(4), point (a) or a “
Amendment 799 #
Proposal for a regulation Article 83 – paragraph 1 – subparagraph 1 Where Member States provide incentives for a product category covered by a delegated act establishing performance classes in accordance with Article 4(4), point (a) or a
Amendment 800 #
Proposal for a regulation Article 83 – paragraph 2 – subparagraph 2 – point a a (new) (a a) the environmental benefits derived from the uptake of products in the highest two classes/scores;
Amendment 801 #
Proposal for a regulation Article 83 – paragraph 2 – subparagraph 2 – point a a (new) (a a) the environmental benefits derived from the uptake of products in the highest two classes/scores
Amendment 802 #
Proposal for a regulation Article 83 – paragraph 2 – subparagraph 2 – point b (b) the need to ensure sufficient demand for more
Amendment 803 #
Proposal for a regulation Article 83 – paragraph 2 – subparagraph 2 – point b (b) the need to ensure sufficient demand for more
Amendment 804 #
Proposal for a regulation Article 84 Amendment 805 #
Proposal for a regulation Article 84 Amendment 807 #
Proposal for a regulation Article 84 – paragraph 1 Amendment 808 #
Proposal for a regulation Article 84 – paragraph 1 1. The Commission
Amendment 809 #
Proposal for a regulation Article 84 – paragraph 1 1. The Commission
Amendment 810 #
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 mandatory sustainability requirements applicable to public contracts, including implementation, monitoring and reporting of those requirements by Member States.
Amendment 811 #
Proposal for a regulation Article 84 – paragraph 2 Amendment 812 #
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,
Amendment 813 #
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,
Amendment 814 #
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,
Amendment 815 #
Proposal for a regulation Article 84 – paragraph 3 Amendment 816 #
Proposal for a regulation Article 84 – paragraph 3 – point a a (new) (a a) the environmental benefits entailed by the uptake of products in the highest two classes/scores;
Amendment 817 #
Proposal for a regulation Article 84 – paragraph 3 – point b (b) the
Amendment 818 #
Proposal for a regulation Article 84 – paragraph 3 – point b (b) the need to ensure sufficient
Amendment 819 #
Proposal for a regulation Article 84 – paragraph 3 – point b (b) the need to ensure sufficient demand for more
Amendment 820 #
Proposal for a regulation Article 84 – paragraph 3 – point b (b) the need to ensure sufficient demand for more
Amendment 821 #
Proposal for a regulation Article 84 – paragraph 3 – point b (b) the need to ensure sufficient demand for more
Amendment 822 #
Proposal for a regulation Article 84 – paragraph 3 – point c (c) the economic feasibility for contracting authorities or contracting entities to buy more environmentally sustainable products, without entailing disproportionate costs as determined on a total lifetime and operating cost basis.
Amendment 823 #
Proposal for a regulation Article 84 – paragraph 3 – point c (c) the economic feasibility for contracting authorities or contracting entities to buy more environmentally sustainable products,
Amendment 824 #
Proposal for a regulation Article 84 – paragraph 3 – point c (c) the economic feasibility for
Amendment 825 #
Proposal for a regulation Article 84 – paragraph 3 – point c a (new) (c a) the relevant Union green public procurement criteria.
Amendment 826 #
Proposal for a regulation Article 84 – paragraph 3 a (new) 3 a. Where a product is covered by the Union green public procurement criteria but not yet by harmonised technical specifications, contracting authorities and contracting entities shall make best efforts to purchase only products and services that respect at least the technical specifications set at ‘core’ level in the relevant Union green public procurement criteria including among others for Office Building Design, Construction and Management and Union green public procurement criteria for Road Design, Construction and Maintenance.
Amendment 827 #
Proposal for a regulation Article 84 – paragraph 3 a (new) 3 a. In spite of paragraphs 1 and 2, Member States shall always be allowed to use officially recognised ENISO 14024 ecolabels as a selection criteria in line with Directive 2014/24/EU article 43.
Amendment 828 #
Proposal for a regulation 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 829 #
Proposal for a regulation Article 84 – paragraph 3 a (new) Amendment 830 #
Proposal for a regulation Article 85 Amendment 831 #
Proposal for a regulation Article 85 Amendment 832 #
Proposal for a regulation Article 87 – paragraph 3 3. Before adopting a delegated act, the Commission shall con
Amendment 833 #
Proposal for a regulation Article 88 – paragraph 1 1. The Commission shall be
Amendment 834 #
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).
Amendment 835 #
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).
Amendment 836 #
Proposal for a regulation 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 837 #
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;
Amendment 838 #
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;
Amendment 839 #
Proposal for a regulation Article 90 – paragraph 4 Amendment 840 #
Proposal for a regulation Article 91 – title Amendment 841 #
Proposal for a regulation Article 91 – paragraph 1 No sooner than
Amendment 842 #
Proposal for a regulation Article 91 – paragraph 1 No sooner than
Amendment 843 #
Proposal for a regulation Article 91 – paragraph 1 No sooner than
Amendment 844 #
Proposal for a regulation Article 91 – paragraph 2 a (new) 6 months after the date of application of this Regulation the Commission shall adopt a working plan, covering a period of at least 7 years, setting out for each year a list of product groups for which it intends to issue or update standardisation requests or delegated acts with product requirements in accordance with this Regulation. This list shall be set up and updated yearly after consultation of the Member States. In the seven-year time plan all products that have been covered by standardisation mandates under Council Directive 89/106/EEC and Regulation (EU) No. 305/2011 must be foreseen to receive updated standardisation requests responding to the regulatory needs of the members states. Additionally, impact assessments that may lead to ecodesign requirements must be foreseen for at least 15 product groups. As a minimum three delegated acts setting ecodesign requirements shall be foreseen. After six years after the date of application of this Regulation a new seven-year plan shall me made including the update of all standardisation requests and impact assessments that may lead to ecodesign requirements for all remaining product groups covered by standardisation requests. As a minimum seven further delegated acts setting ecodesign requirements shall be foreseen in this second seven-year plan. Also, this plan shall be updated yearly. After twelve years after the date of application of this Regulation a new seven-year plan shall me adopted for updating existing and drafting new standardisation requests and delegated acts. The procedure of adoption of a seven-year working plan and its yearly updates shall be continued as long as this Regulation remains applicable.
Amendment 845 #
Proposal for a regulation Article 92 – paragraph 1 Regulation (EU) 305/2011 is repealed with effect from
Amendment 846 #
Proposal for a regulation Article 92 – paragraph 1 Regulation (EU) 305/2011 is repealed with effect from
Amendment 847 #
Proposal for a regulation Article 92 – paragraph 1 Regulation (EU) 305/2011 is repealed
Amendment 848 #
Proposal for a regulation Article 92 – paragraph 1 Regulation (EU) 305/2011 is repealed
Amendment 849 #
Proposal for a regulation Article 92 – paragraph 1 Regulation (EU) 305/2011 is repealed
Amendment 850 #
Proposal for a regulation Article 93 – paragraph 3 – introductory part 3.
Amendment 851 #
Proposal for a regulation Article 93 – paragraph 3 – introductory part 3.
Amendment 852 #
Proposal for a regulation Article 93 – paragraph 4 4. European assessment documents issued before [1 year after entry into force] remain valid until [
Amendment 853 #
Proposal for a regulation Article 93 – paragraph 5 5. Notified bodies’ certificates
Amendment 854 #
Proposal for a regulation Article 93 – paragraph 5 5. Notified bodies’ certificates
Amendment 855 #
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
Amendment 856 #
Proposal for a regulation 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 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 858 #
Proposal for a regulation Article 93 a (new) Article 93 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 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 859 #
Proposal for a regulation Article 94 – paragraph 2 It shall apply as from [18 months after entry into force].
Amendment 860 #
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.
Amendment 861 #
Proposal for a regulation Annex I – Part A – point 1 – paragraph 4 Amendment 862 #
Proposal for a regulation Annex I – Part A – point 1 – paragraph 4 Amendment 863 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.1 – paragraph 1 Amendment 864 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.1 – paragraph 2 Amendment 865 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.2 – paragraph 3 – introductory part The construction works and the relevan
Amendment 866 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.3 – paragraph 2 – introductory part The construction works and any part of them shall be designed, constructed, used, maintained and demolished in such a way that they, throughout their life cycle, do not
Amendment 867 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.3 – paragraph 2 – introductory part The construction works and any part of them shall be designed, constructed, used, maintained and demolished in such a way that they, throughout their life cycle, do not present
Amendment 868 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.3 – paragraph 2 – point a (a) the emissions of
Amendment 869 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.3 – paragraph 2 – point c (c) the release of
Amendment 870 #
(e a) the release of microplastics into water or soil
Amendment 871 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.4 – paragraph 2 The construction works and the relevan
Amendment 872 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.5 – paragraph 1 Amendment 873 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.5 – paragraph 2 – introductory part The construction works and the relevan
Amendment 874 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.5 – paragraph 2 – point a (a) does not create
Amendment 875 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.5 – paragraph 3 The construction works and the relevan
Amendment 876 #
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
Amendment 877 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.8 – paragraph 2 – introductory part The construction works and the relevan
Amendment 878 #
(a) us
Amendment 879 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point b (b) minimizing the overall amount of
Amendment 880 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point e (e) Ease of deconstruction, reuse or recyclability of the construction works, parts of them and their materials after demolition.
Amendment 881 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point e (e) Ease of deconstruction, reuse or recyclability of the construction works, parts of them and their materials after demolition.
Amendment 882 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point e a (new) (e a) Preference is given to the use of low-carbon materials, with equal performance
Amendment 883 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point e b (new) (e b) Use of sustainably sourced materials
Amendment 884 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point e c (new) (e c) use of raw materials is minimized to the extent possible and use of secondary materials is maximized
Amendment 885 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point e d (new) (e d) minimizing the overall amount of materials used;
Amendment 886 #
Proposal for a regulation Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point e e (new) (e e) Minimizing the overall volumes of waste generated.
Amendment 887 #
Proposal for a regulation Annex I – Part A – point 2 – paragraph 2 – introductory part Harmonised technical specifications shall to the extent possible cover the following essential characteristics related to life cycle assessment
Amendment 888 #
Proposal for a regulation Annex I – Part B Amendment 889 #
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;
Amendment 890 #
Proposal for a regulation Annex I – Part C – point 1 – point 1.1 – point j (j) risks of software manipulation in high risk products;
Amendment 891 #
Proposal for a regulation Annex I – Part C – point 1 – point 1.1 – point k Amendment 892 #
Proposal for a regulation Annex I – Part C – point 1 – point 1.1 – point l Amendment 893 #
Proposal for a regulation Annex I – Part C – point 1 – point 1.1 – point m Amendment 894 #
Proposal for a regulation Annex I – Part C – point 1 – point 1.1 – point n Amendment 895 #
Proposal for a regulation Annex I – Part C – point 1 – point 1.1 – point n Amendment 896 #
Proposal for a regulation Annex I – Part C – point 1 – point 1.1 – point o Amendment 897 #
Proposal for a regulation Annex I – Part C – point 1 – point 1.1 – point o Amendment 898 #
Proposal for a regulation Annex I – Part C – point 1 – point 1.1 – point p Amendment 899 #
Proposal for a regulation Annex I – Part C – point 1 – point 1.1 – point p Amendment 900 #
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
Amendment 901 #
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
Amendment 902 #
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;
Amendment 903 #
Proposal for a regulation Annex I – Part D – point 1 – introductory part 1.
Amendment 904 #
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:
Amendment 905 #
Proposal for a regulation Annex I – Part D – point 1 – point 1.2 – point f (f)
Amendment 906 #
Proposal for a regulation Annex I – Part D – point 1 – point 1.2 – point f (f)
Amendment 907 #
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:
Amendment 908 #
Proposal for a regulation Annex I – Part D – point 1 – point 1.3 – introductory part 1.3. Transport, installation, maintenance, de- installation, deconstruction and demolition rules:
Amendment 909 #
Proposal for a regulation Annex I – Part D – point 1 – point 1.3 – introductory part 1.3. Transport, installation, maintenance, deinstallation, deconstruction and demolition rules:
Amendment 910 #
Proposal for a regulation Annex I – Part D – point 1 – point 1.3 – point a – introductory part (a) Safety during transport, installation, maintenance, de- installation, deconstruction and demolition:
Amendment 911 #
Proposal for a regulation Annex I – Part D – point 1 – point 1.3 – point a – introductory part (a) Safety during transport, installation, deinstallation, maintenance, deconstruction and demolition:
Amendment 912 #
Proposal for a regulation Annex I – Part D – point 1 – point 1.3 – point a – point i (i) potential risks of the product
Amendment 913 #
Proposal for a regulation Annex I – Part D – point 1 – point 1.3 – point a – point iv (iv) if necessary, instructions for the
Amendment 914 #
Proposal for a regulation Annex I – Part D – point 1 – point 1.3 – point c – introductory part (c) Maintenance needs with a view to maintaining the performance of the product during its service life span and to maximising its durability during several lifecycles.:
Amendment 915 #
Proposal for a regulation Annex I – Part D – point 1 – point 1.3 – point c – introductory part (c) Maintenance needs with a view to maintaining the performance of the product during its service life span and to maximise its durability during several lifecycles:
Amendment 916 #
Proposal for a regulation Annex I – Part D – point 1 – point 1.3 – point c – point i (i) description of the adjustment and maintenance operations that sh
Amendment 917 #
Proposal for a regulation Annex I – Part D – point 1 – point 1.3 – point c – point ii (ii) the type and frequency of inspections and maintenance required for safety and durability reasons and, where appropriate, the parts subject to wear and the criteria for replacement;
Amendment 918 #
Proposal for a regulation Annex I – Part D – point 1 – point 1.3 – point c – point ii (ii) the type and frequency of inspections and maintenance required for safety
Amendment 919 #
Proposal for a regulation Annex I – Part D – point 1 – point 1.6 – paragraph 1 Rules o
Amendment 920 #
Proposal for a regulation Annex I – Part D – point 1 – point 1.6 – paragraph 2 Product information on these items shall
Amendment 921 #
Proposal for a regulation Annex I – Part D – point 1 – point 1.6 a (new) 1.6 a. Environmental product performance information The manufacturer shall provide information on: (a) recycled content; (b) recyclability and capability to be remanufactured; (c) reparability during the expected life span; (d) selection of safe, environmentally benign substances; (e) upgradability; (f) release of microplastics; (g) capability of different materials or substance to be separated and recovered during dismantling or recycling procedures; (h) environmental and social impacts of raw materials' extraction or sourcing and indication of measure to tackle those.
Amendment 922 #
Proposal for a regulation Annex I – Part D – point 1 – point 1.6 a (new) Amendment 923 #
Proposal for a regulation Annex I – Part D – point 3 – paragraph 1 Amendment 924 #
Proposal for a regulation Annex I – Part D – point 3 – paragraph 2 – introductory part When specifying the product information requirements,
Amendment 925 #
Proposal for a regulation Annex I – Part D – point 4 – introductory part 4.
Amendment 926 #
Proposal for a regulation Annex II – point 2 – point a (a) the manufacturer’s
Amendment 927 #
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;
Amendment 928 #
Proposal for a regulation Annex II – point 4 – point h Amendment 929 #
Proposal for a regulation Annex II a (new) Addition to Annex II: Model for declaring information on substances of concern required in Article 11 (4) Data to be filled in by the manufacturer for each relevant substance: Substance of concern under article 11 (4a) (SVHC) for each point: Yes/No If yes, date to be given Date of inclusion on the candidate list (https://echa.europa.eu/de/candidate-list- table) Substance of concern under Article 11 (4b) - Priority substance in the field of water policy - Existing active substance under Regulation (EU) No 528/2012 Substance name: - CAS Number - SVHC property or properties - Classification in accordance with Regulation (EC) No 1272/2008 - Concentration in product or its part - Amount in product - Function of the substance - Instructions for safe use - Instructions for safe disposal - Processes available on the market for the recovery of the substance
Amendment 930 #
Amendment 932 #
Proposal for a regulation 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
Amendment 933 #
Proposal for a regulation Annex V – point 1 – point a – point ii (ii) further
Amendment 934 #
Proposal for a regulation 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 (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 (c) The notified body shall provide continuous surveillance, assessment and evaluation of factory production control
Amendment 937 #
Proposal for a regulation Annex V – point 4 – introductory part 4. System 3+ – Notified body’s control of
Amendment 938 #
Proposal for a regulation 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
Amendment 939 #
Proposal for a regulation Annex V – point 4 – point b – point i (i) verify the manufacturer’s in
Amendment 940 #
Proposal for a regulation 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 (i) an assessment of the performance of the product on the basis of t
Amendment 942 #
Proposal for a regulation 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 (b) The notified body shall
Amendment 944 #
Proposal for a regulation Annex V – point 5 – point b – point i (i)
Amendment 945 #
Proposal for a regulation Annex V – point 5 – point b – point ii (ii)
Amendment 946 #
Proposal for a regulation Annex V – point 6 – point a – point ii a (new) Amendment 947 #
Proposal for a regulation 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 element
Amendment 948 #
Proposal for a regulation Annex V – point 7 – point a – point i (i)
Amendment 949 #
Proposal for a regulation Annex V – point 7 – point a – point ii Amendment 950 #
Proposal for a regulation Annex V – point 7 – point a – point iii Amendment 951 #
Proposal for a regulation 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)
Amendment 952 #
Proposal for a regulation Annex V – point 7 – point d (d)
Amendment 953 #
Amendment 954 #
Proposal for a regulation Annex V – point 7 – point f (f)
source: 739.670
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