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From · opinion parliamentary committee · 2023-02-09 ENVI-AD-736636 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

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To · opinion parliamentary committee draft · 2022-11-16 ITRE-PA-738659 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

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~~SHORT JUSTIFICATION~~

~~Environmental impact of construction products~~

The construction products ecosystem is a key pillar of the implementation of the European Green Deal and the backbone of Europe’s Renovation Wave. It is key to achieving Europe’s climate targets for 2030, 2040 and 2050. The construction products industry provides millions of jobs and many companies have already shown there can be a market for innovative, clean and circular products. Today, market forces and policies do not provide sufficient support for these European frontrunners.

There are currently enormous environmental impacts associated with the construction sector as a whole. Construction products account for half of raw materials used in Europe, generate a third of the EU’s total waste and almost 10% of our total carbon footprint. Only 1% of construction products are reused, leaving a large gap to the objectives of a truly circular European economy. There is an obvious and urgent need for more innovation and competition in sustainable construction products in Europe. The Construction Products Regulation has so far failed to address this need.

Therefore, the Rapporteur welcomes the proposal by the European Commission, in particular the newly created opportunities to promote sustainability and increase competition and innovation in sustainable construction products on the European market. The revised Regulation can contribute significantly to our efforts towards energy- and resource-efficient buildings and renovations, and to addressing the sustainability of construction products.

~~However, the Rapporteur also finds that further measures are needed to reach the objective of~~

~~a European climate neutral, toxic-free circular economy for construction products. To this end, the Rapporteur proposes a number of amendments.~~

~~Standardisation process does not live up to environmental urgency~~

The development of harmonised standards has proven to be burdensome, slow, and not able to fulfil Union environment and climate objectives. Environmental requirements should be set through Commission acts. Requirements should be regularly updated to ensure they align with technological progress and Union climate and environment law.

~~Democratic oversight~~

The use of Commission acts will also increase democratic oversight. Mandatory thresholds for construction products should not be part of the standardisation process, but should rather be developed by the European Commission, taking into account the views of all relevant stakeholders. This ensures the European Parliament and the Council are involved in the process.

~~Alignment with ESPR~~

The recently proposed Ecodesign for Sustainable Products Regulation sets the benchmark for environmental sustainability objectives for all products on the European market. The new Construction Products Regulation should follow the ESPR as closely as possible. The Rapporteur welcomes the inclusion of environmental requirements along the life-cycle of construction products. A clear working plan for the development of harmonised standards and Commission acts should be established to ensure predictability for manufacturers, public authorities and the wider construction ecosystem.

~~Transparency of environmental impact~~

In order to accurately and reliably calculate the environmental impacts of buildings, as required amongst others by the Energy Performance of Buildings Directive, the Rapporteur proposes to make the life cycle assessment of all relevant essential characteristics of construction products mandatory, using science-based assessment tools such as the updated Product Environmental Footprint method.

~~Mandatory sustainability obligations~~

Basic, common sustainability obligations, including the promotion of recyclable and recycled materials, and provision of information on repair, remanufacturing and recycling should apply to all manufacturers. The Commission shall be empowered to develop more detailed requirements where necessary.

~~Mandatory Green Public Procurement rules~~

Public tenders create a significant portion of the total European market for construction products. In line with the Commission’s Communication on making sustainable products the norm, the Rapporteur proposes a clear timeline for the development of mandatory criteria for the public procurement of construction products.

~~ANNEX: LIST OF ENTITIES OR PERSONS FROM WHOM~~

~~THE RAPPORTEUR HAS RECEIVED INPUT~~

The following list is drawn up on a purely voluntary basis under the exclusive responsibility of the rapporteur. The rapporteur has received input from the following entities or persons in the preparation of the opinion, until the adoption thereof in committee:

~~Entity and/or person~~

~~CPE - Construction Products Europe, 48010783162-91~~

~~EBC - European Builders Confederation, 09256701147-51~~

~~ECOS - Environmental Coalition on Standards, 96668093651-33~~

~~EQAR - European Quality Association for Recycling~~

~~FEICA - Association of the European Adhesive & Sealant Industry, 51642763262-89~~

~~IBU - Institut Bauen und Umwelt, 026252539326-25~~

~~PlasticsEurope, 454264611835-56~~

AMENDMENTS

The Committee on ~~the Environment, Public~~Industry, ~~Health~~Research and ~~Food Safety~~Energy calls on the Committee on ~~the~~ Internal Market and Consumer Protection, as the committee responsible, to take into account the following amendments:

Amendment 1

Proposal for a regulation

Recital 73

Text proposed by the Commission

Amendment

(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. 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.

(3) Experience with the implementation of Regulation 305/2011, the evaluation conducted by the Commission in 2019 as well as the report on the European Organisation for Technical Assessment have shown the underperformance of the framework in various respects, including as regards the development of standards and the market surveillance. In addition, feedback received in the course of the evaluation has pointed to the need of reducing the overlaps, contradictions and repetitive requirements, including in relation to other Union legislation, in order to provide more legal clarity and limit the administrative burden on the economic operators. It is therefore necessary to lay down more specific and detailed legal obligations for economic operators, as well as new provisions including as regards technical specifications and market surveillance, so that legal certainty is increased and that diverging interpretations are avoided.

(7) Pursuing the environmental goals, including the fight against climate change and biodiversity loss 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 lay the ground for the development and the application of an assessment method for the calculation of the environmental sustainability of construction products. 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.

Or. en

Amendment 2

Proposal for a regulation

Recital 134

Text proposed by the Commission

Amendment

(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, 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.

(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 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.

(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.

(4) It is necessary to establish well-functioning information flows, primarily via electronic means and in machine readable format, 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 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.

Or. en

Amendment 3

Proposal for a regulation

Recital 185

Text proposed by the Commission

Amendment

(18) In order to strive for a maximum of regulatory coherence, this Regulation should to the extent possible build on the horizontal legal framework, in this case namely on Regulation (EU) No 1025/2012 of the European Parliament and of the Council. It follows the recent trend in product legislation to develop a fall-back solution where the European Standardisation Organisations do not deliver harmonised standards which can be cited in the Official Journal. As no harmonised standards for construction products could be cited in the Official Journal since late 2019 and only some dozen since Regulation (EU) No 305/2011 came into force, the new back-up empowerments for the Commission should be even more comprehensive, permitting to optimise the overall output of technical specifications so to catch up the delay in the adaptation to technical progress.

(5) The European Parliament resolution of 10 March 2021 on the implementation of Regulation (EU) No 305/201135 welcomed the Commission’s objective to make the construction sector more sustainable by addressing the sustainability performance of construction products in the revision of Regulation 305/2011, as announced in the Circular Economy Action Plan. The Council Conclusions on the Circular Economy in the Construction Sector from 28 November 201936 urged the Commission to facilitate the circularity of construction products when revising the Construction Products Regulation (EU) No 305/2011. The Commission Communication ‘A New Industrial Strategy for Europe’37 stressed the need to address the sustainability of construction products and highlighted a more sustainable built environment as essential for Europe’s transition towards climate-neutrality. The Commission Communication ‘Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery’38 identified construction as one of the priority ecosystems that face the most important challenges meeting climate and sustainability goals and embracing the digital transformation, and on which the competitiveness of the construction sector depends. It is therefore appropriate to lay down rules for declaring environmental and sustainability performance of construction products, including the possibility of establishing relevant thresholds and classes.

(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 and on Regulation (EU) … [Ecodesign for Sustainable Products Regulation]. It follows the recent trend in product legislation to ensure that all products placed on the Union market become increasingly sustainable and stand the test of circularity, in line with the European Green Deal. A fall-back solution is envisaged where the European Standardisation Organisations do not deliver harmonised standards which can be cited in the Official Journal. As no harmonised standards for construction products could be cited in the Official Journal since late 2019 and only some dozen since Regulation (EU) No 305/2011 came into force, the new empowerments for the Commission should be even more comprehensive, permitting to define mandatory essential characteristics related to sustainability and to optimise the overall output of technical specifications so to catch up the delay in the adaptation to technical progress. The Commission should be guided by and ensure coherence with the environmental sustainability objectives pursued by Regulation (EU) ... [Ecodesign for Sustainable Products Regulation].

deleted

__________________

35 European Parliament resolution of 10 March 2021 on the implementation of Regulation (EU) No 305/2011 laying down harmonised conditions for the marketing of construction products (the Construction Products Regulation) (2020/2028(INI))

36 Circular Economy in the Construction Sector – Council Conclusions, adopted 28 November 2019, 14653/19

37 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions A New Industrial Strategy for Europe COM(2020)102 final.

38 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery COM(2021)350 final.

Or. en

Amendment 4

Proposal for a regulation

~~Recital 18 a (new)~~

Recital 7

Text proposed by the Commission

Amendment

(18a) 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 and to address the most impactful products first, the Commission should carry out a prioritisation of product families with the highest impact on climate or energy and resource use, to be regulated under this Regulation and requirements that will apply to them. Considering the large volumes in which it is produced and the associated environmental impacts as well as the amount of energy used in production, sustainability product requirements for concrete should be addressed with priority. 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.

(7) Pursuing the environmental goals, including the fight against climate change, makes it necessary to lay down rules for declaring environmental and sustainability performance of construction products, including the possibility of establishing relevant thresholds and classes, 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. 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 reuse 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 reuse thereof need to contribute to a safe second life of construction products.

Or. en

Amendment 5

Proposal for a regulation

Recital 199

Text proposed by the Commission

Amendment

(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. However, voluntary standards can be used to make product requirements, specified for the relevant product family or category by Delegated Acts, even more concrete, following the path of Decision 768/2008 of the European Parliament and of the Council. In line with Decision 768/2008, those standards should be able to provide a presumption of conformity with the requirements covered by them.

(9) It is possible that different economic operators provide a 3D-printing dataset, a 3D-printing machine or mould, and the material to be used therein, leading to a situation where none of those operators would be responsible for the safety and appropriate performance of the 3D-printed product. To avoid possible safety risks in this respect, it is therefore necessary to lay down provisions for 3D-printing datasets, materials intended to be used for 3D-printing and for 3D-printing services that permit 3D-printing of construction products, so that, by respecting these provisions, the economic operators jointly reach a level of safety similar to the one ensured for ordinary construction products.

(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, human health-related and overall environmental, including those related to climate, biodiversity, energy and resource efficiency and chemical substances, 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. However, voluntary standards can be used to make product requirements, specified for the relevant product family or category by Delegated Acts, even more concrete, following the path of Decision 768/2008 of the European Parliament and of the Council. In line with Decision 768/2008, those standards should be able to provide a presumption of conformity with the requirements covered by them.

(9) It is possible that different economic operators provide a 3D-printing dataset, a 3D-printing machine or mould, and the material to be used therein, leading to a situation where none of those operators would be responsible for the safety and appropriate performance of the 3D-printed product. To avoid such situations it is therefore necessary to clarify that 3D-printing service providers when placing on the market construction products for clients should fulfil the obligations incumbent on manufacturers. In addition, this Regulation should ensure in case they act as manufacturer or inform its clients that the information on the datasets is available and the materials intended to be used for 3D-printing comply with applicable requirement for construction products.

Or. en

Amendment 6

Proposal for a regulation

Recital 2010

Text proposed by the Commission

Amendment

(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, are necessary. When setting these requirements, the Commission should take into account their potential contribution to achieving Union climate, environmental 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 need to be laid down by the legislator, there is a need for specifying them for the more than 30 product families, each with several categories. Hence, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to specify the requirements for the respective construction product family or category.

(10) In order to ensure safety and protection of the environment 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 enterprises would disproportionally affect those micro-enterprises. It is therefore necessary to enable Member States to exempt micro-enterprises from drawing up a declaration of performance in specific situations, where the interests of other Member States are not affected.

(20) In order to contribute to the objectives of the European Green Deal and the Circular Economy Action Plan, and to ensure safe and sustainable construction products, health, safety, environmental protection and consumer protection being 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 need to be laid down by the legislator, there is a need for specifying them for the more than 30 product families, each with several categories. Hence, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to specify the requirements for the respective construction product family or category. The Commission should consult European standardisation organisations and relevant stakeholders prior the adoption of the delegated acts.

(10) Micro-enterprises often individually manufacture and install products on site. Subjecting those micro-enterprises under all circumstances to the same rules as other enterprises would disproportionally affect those micro-enterprises. It is therefore necessary to enable Member States to exempt micro-enterprises from drawing up a declaration of performance in specific situations, where the interests of other Member States are not affected.

Or. en

Amendment 7

Proposal for a regulation

Recital 2512

Text proposed by the Commission

Amendment

(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. As it might not be possible to integrate cumulatively all national requirements for small prefabricated one-family houses into the future harmonised technical specifications, Member States should have the right to opt out of the application of rules that are to apply to those pre-fabricated one-family houses.

(25) A circular economy, the key element of the Circular Economy Action Plan, can be promoted by mandatory deposit-refund systems and the obligation to take back unused products. Member States should therefore be allowed to take such measures. Where national measures can lead to fragmentation of the market or insufficient environmental protection, the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission to specify Union-wide requirements.

deleted

__________________

40 Proposal for a Council Recommendation on Ensuring a fair transition towards climate neutrality COM(2021)801final 2021/0421 (NLE)

Or. en

Amendment 8

Proposal for a regulation

Recital 2613

Text proposed by the Commission

Amendment

(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, including climate, under different Union legislation. This was confirmed by the REFIT platform recommending that the Commission gives priority to addressing the problems of overlapping and repetitive requirements. The Commission should thus be able to determine the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations of this Regulation, where otherwise the same aspect of health, safety or protection of the environment, including climate, would be assessed in parallel under this Regulation and other Union law.

(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, including climate and biodiversity, under different Union legislation. This was confirmed by the REFIT platform recommending that the Commission gives priority to addressing the problems of overlapping and repetitive requirements. The Commission should thus be able to determine the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations of this Regulation, where otherwise the same aspect of health, safety or protection of the environment, including climate and biodiversity, would be assessed in parallel under this Regulation and other Union law.

(13) The compliance of construction products with Union legislation often depends on the compliance of their key parts with that legislation. Therefore, the protection of safety and of the environment, 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.

Or. en

Amendment 9

Proposal for a regulation

Recital 2815

Text proposed by the Commission

Amendment

(28) In particular, in the case of energy-related products included in ecodesign working plans which are also construction products and for intermediary products, with the exception of cement, priority for the setting of sustainability requirements will be given to the [ESPR]. This should be the case for instance for heaters, boilers, heat pumps, water and space heating appliances, fans, cooling and ventilating systems and photovoltaic products, excluding building-integrated photovoltaic panels. This Regulation may still intervene in a complementary manner where needed, mainly in relation to safety aspects also taking account of other Union legislation on products such as on gas appliances, low voltage, and machinery. For other products, in order to avoid unnecessary burden for economic operators, the need may arise in future to determine the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations under this Regulation. The power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to determine such conditions.

(15) To ensure that safety and functionality of construction products is safeguarded, rules applicable to new construction products should also apply to used construction products where the intended use is changed, except to decoration purposes, for used construction products with unclear initial intended use, for used construction products which have undergone an important transformative process and for used construction products for which an economic operator claims additional characteristics or the fulfilment of product requirements.

(28) In particular, in the case of energy-related products included in ecodesign working plans which are also construction products and for intermediary products priority for the setting of sustainability requirements will be given to the [ESPR]. This should be the case for instance for heaters, boilers, heat pumps, water and space heating appliances, fans, cooling and ventilating systems and photovoltaic products. This Regulation may still intervene in a complementary manner where needed, mainly in relation to safety aspects also taking account of other Union legislation on products such as on gas appliances, low voltage, and machinery. In order to fully respect the “safety first” principle, functionality and safety requirements of cement should, with priority, be set under this Regulation. For other products, in order to avoid unnecessary burden for economic operators, the need may arise in future to determine the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations under this Regulation. The power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to determine such conditions.

(15) To ensure that safety and functionality of construction products is safeguarded, rules applicable to new construction products should also apply to used construction products where, except for decoration purposes, the intended use is changed, for used construction products with unclear initial intended use, for used construction products which have undergone an important transformative process and for used construction products for which an economic operator claims additional characteristics or the fulfilment of product requirements.

Or. en

Amendment 10

Proposal for a regulation

Recital 4217

Text proposed by the Commission

Amendment

(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 reach a fair level of environmental sustainability, both for their products and their manufacturing. This obligation requires trade-off-decisions between different environmental aspects and between environmental and safety aspects, whilst both environmental and safety aspects can relate to the product as such or to the construction works. To give manufacturers certainty about how to make these trade-off decisions, this Regulation should set out clear trade-off rules.

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

(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 ensure both their products and manufacturing contribute significantly towards the Union's climate and environmental objectives by substantially improving their products' environmental footprint. This obligation requires trade-off-decisions between different environmental aspects and between environmental and safety aspects, whilst both environmental and safety aspects can relate to the product as such or to the construction works. To give manufacturers certainty about how to make these trade-off decisions, this Regulation should set out clear trade-off rules.

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

Or. en

Amendment 11

Proposal for a regulation

Recital 4319

Text proposed by the Commission

Amendment

(43) With the goals of ensuring sustainability and durability of construction products, manufacturers should ensure that products can be used for a very long time. Such long use requires adequate design, use of reliable parts, reparability of products, availability of information on repair and access to replacement parts.

(43) With the goals of ensuring sustainability and durability of construction products, manufacturers should ensure that products can be used for as long as possible. Such long use requires adequate design, use of reliable parts, reparability of products, availability of information on repair and access to replacement parts.

(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, product characteristics in view of their specific national situation differences in climate, geology and geography and other conditions prevailing in the Member States. When pursued together, these two goals require that products are assessed by a single assessment method, therefore the method needs to be mandatory. However, voluntary standards can be used to make product requirements, specified for the relevant product family or category by Delegated Acts, even more concrete, following the path of Decision 768/2008 of the European Parliament and of the Council. In line with Decision 768/2008, those standards should be able to provide a presumption of conformity with the requirements covered by them.

Or. en

Amendment 12

Proposal for a regulation

Recital 4420

Text proposed by the Commission

Amendment

(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 and on the manufacturer’s websites, in addition to the instructions for use.

(44) In view of enhancing the circularity of construction products, in line with the goals of the Circular Economy Action Plan and the waste hierarchy, manufacturers should prevent waste generation by facilitating and prioritizing repair, re-use and remanufacturing. Manufacturers should increase resource efficiency through appropriate use of by-products and should, when products come to the end of their life, ensure recycling of their products. The (preparation for) re-use, remanufacturing and recycling require specific design choices, namely facilitating the separation of products, components and materials at de-installation, deconstruction and demolition and at the later stage of recycling and avoiding mixed, blended or intricate materials and substances of concern. 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 the Digital Product Passport and on the manufacturer’s websites or by means of QR codes, in addition to the instructions for use.

(20) Article 114 of the Treaty on the Functioning of the European Union (TFEU) as the legal base of this Regulation imposes the pursuit of a high level of protection of the environment, health and human safety. Therefore, inherent product requirements should be (re-)introduced or confirmed by the co-legislators and specified for the corresponding construction product family or category, thereby contributing to the achievement of the Union’s climate, environmental and energy efficiency objectives.

Or. en

Amendment 13

Proposal for a regulation

~~Recital 44 a (new)~~

Recital 21

Text proposed by the Commission

Amendment

(44a) The use of bio-based construction products to improve the embodied carbon performance of buildings must ensure that the overall climate impacts of related biomass production are included in a whole lifecycle assessment approach and demonstrate lower global warming potential than alternative construction materials. Similarly, a lower relative impact is also to be demonstrated for other key environmental impact indicators such as land-use and biodiversity. Construction material sourcing should not contribute to land use change, such as deforestation and forest degradation.

(21) Manufacturing and distribution of construction products becomes ever more complex, leading to the emergence of new specialised operators, such as fulfilment service providers. For reasons of clarity, certain generic obligations, including on cooperation with authorities, should be applicable to all those involved in the supply chain, the manufacturing, the distribution, own-brand-labelling, the repackaging or secondary trade, installation, de-installation for re-use or remanufacturing, and the remanufacturing itself. Moreover, suppliers should be obliged to cooperate with market surveillance authorities for purposes of environmental sustainability assessment. For those reasons and to avoid repetition of obligations, the term ‘economic operator’ should be defined widely, encompassing all those actors so that basic generic obligations can in one strike be established for all of them.

(21) For reasons of clarity, certain generic obligations, including on cooperation with authorities, should be applicable to all those involved in the supply chain, the manufacturing, the distribution, own-brand-labelling, the repackaging or secondary trade, installation, de-installation for reuse or remanufacturing, and the remanufacturing itself. Where necessary, suppliers should be requested to cooperate with market surveillance authorities for purposes of environmental sustainability assessment. For those reasons and to avoid repetition of obligations, the term ‘economic operator’ should be defined widely. However, the widening of the scope of that definition should not be interpreted as an obligation for economic operators merely concerned with the installation of products to affix CE marking to the products they are handling in connection to their profession. This obligation should remain exclusively with the manufacturers or any natural or legal person acting on their behalf.

Or. en

Amendment 14

Proposal for a regulation

Recital 4524

Text proposed by the Commission

Amendment

(45) To deliver safe, functional and environmentally sustainable construction products, it is necessary to establish comprehensive sustainability and safety obligations for manufacturers. Given the importance of these obligations and achieving the right balance between the functionality, safety and sustainability, the Commission should be empowered to determine the conditions by delegated acts under which, for a specific product family or category, these obligations are fulfilled or presumed to be fulfilled.

(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.

(45) To deliver safe, functional and environmentally sustainable construction products, it is necessary to establish comprehensive sustainability and safety obligations for manufacturers. Given the importance of these obligations, general requirements on the gradual improvement of environmental performance, the preferred use of environmentally friendly materials, recycled content obligations and the availability of information on the use, repair, remanufacturing or recycling of products should be applicable to all manufacturers. In order to specify these requirements for certain product families or categories as well as to set further requirements and to achieve the right balance between the functionality, safety and sustainability, the Commission should be empowered to determine the conditions by delegated acts under which, for a specific product family or category, these obligations are fulfilled or presumed to be fulfilled.

(24) At the same time, in order to strike a balance between mitigating the fragmentation of the market and the Member States' competence 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. Member States are responsible for the safety, environmental and energy requirements applicable to construction and civil engineering works. For that reason and in order to enable them to react to specific circumstances unique to their territory, a mechanism allowing Member States to set, based on imperative grounds of health, safety or environmental protection, additional requirements for construction products should be established.

Or. en

Amendment 15

Proposal for a regulation

~~Recital 45 a (new)~~

Recital 25

Text proposed by the Commission

Amendment

(45a) Due to their climate and environmental impacts construction products should be subject to an equivalent level of stringency as other products covered by the Regulation (EU) … [Ecodesign for Sustainable Products Regulation]. It is therefore necessary to align this Regulation with the obligations and requirements set for other products under the Regulation (EU) … [Ecodesign for Sustainable Products Regulation].

(25) A circular economy can be promoted by mandatory deposit-refund systems and the obligation to take back unused products. Member States should therefore be allowed to take such measures.

Or. en

Amendment 16

Proposal for a regulation

Recital 4726

Text proposed by the Commission

Amendment

(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 labelling requirements which might include the easily understandable traffic light labelling.

(26) In order to avoid that construction products are subject to multiple assessments regarding the same aspect of health, safety or protection of the environment under different Union legislation, the Commission should be able to determine the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations of this Regulation, where otherwise the same aforementioned aspects would be assessed in parallel under this Regulation and other Union law.

Or. en

Amendment 17

Proposal for a regulation

Recital 8428

Text proposed by the Commission

Amendment

(84) The centralised registration of product information increases transparency to the benefit of safety of products and the protection of the environment and human health while also reducing administrative burden and costs for economic operators. Accordingly, the power to adopt acts in accordance with Article 291 TFEU should be delegated to the Commission to establish a centralised Union construction products database or system. At this point in time it is not possible to assess the advantages and disadvantages of possible solutions, the Commission should thus be empowered to pursue any of these paths, as appropriate.

(28) In the case of energy-related products included in ecodesign working plans which are also construction products and for intermediary products, with the exception of cement, priority for the setting of sustainability requirements will be given to the [ESPR]. This should be the case for instance for heaters, boilers, heat pumps, water and space heating appliances, fans, cooling and ventilating systems and photovoltaic products, excluding building-integrated photovoltaic panels. This Regulation may still intervene in a complementary manner where needed, mainly in relation to safety aspects also taking account of other Union legislation on products such as on gas appliances, low voltage, and machinery. For other products, in order to avoid unnecessary burden for economic operators, the need may arise in future to determine the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations under this Regulation. The power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to determine such conditions.

Or. en

Amendment 18

Proposal for a regulation

Recital 9030

Text proposed by the Commission

Amendment

(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 implementing acts should be established according to objective, transparent and non-discriminatory criteria.

(30) The increased use of re-manufactured products is part of a shift towards a more circular economy and a reduction of the environmental and carbon footprint of construction products. Moreover, the market of re-manufacturing is currently not very developed and requirements for remanufactured products vary widely amongst Member States. Therefore and to respect the subsidiarity principle, Member States should have the possibility to exempt re-manufactured products from the obligation to draw up a declaration of performance. Such exemption should however not be possible for products that are not suitable for remanufacturing or where interests of other Member States are at stake.

(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 delegated acts should be established according to objective, transparent and non-discriminatory criteria.

(30) The increased use of remanufactured products is part of a shift towards a more circular economy and a reduction of the environmental and carbon footprint of construction products. To promote the use of remanufactured products while respecting the subsidiarity principle, Member States should have the possibility to exempt remanufactured products from the obligation to draw up a declaration of performance. Such exemption should however not be possible for products that are not suitable for remanufacturing or where interests of other Member States are at stake.

Or. en

Amendment 19

Proposal for a regulation

~~Article 1 – paragraph 1 – point a~~

Recital 31

Text proposed by the Commission

Amendment

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

(31) To enhance access to easily available and comprehensive information on construction products, thereby contributing to their safety, functionality and sustainability, it should be ensured that the declaration of performance provides all information necessary for users and authorities. In view of its utility for users, manufacturers should be able to include into that declaration additional information, provided that the declarations of performance remain uniform and easily readable and that they are not abused as advertisement.

(a) rules on how to express the environmental, including climate, and safety performance of construction products throughout the entire value chain until the application as a building component, in relation to their essential characteristics and in line with the Energy Performance of Buildings Directive;

(31) To enhance access to easily available and comprehensive information on construction products, it should be ensured that the declaration of performance provides all information necessary for users and authorities. In view of its utility for users, manufacturers should be able to include into that declaration additional information, provided that the declarations of performance remain uniform and easily readable and that they are not abused as advertisement.

Or. en

Amendment 20

Proposal for a regulation

~~Article 1 – paragraph 1 – point b~~

Recital 32

Text proposed by the Commission

Amendment

~~(b) environmental, including climate, functional and safety product requirements for construction products.~~

(32) To render the reuse and remanufacturing of construction and the use of surplus construction products nonetheless possible at large scale, an alleviated procedure for drawing up the declaration of performance should be set out for those construction products. In the case of surplus construction products, where alteration by use is excluded, the alleviated procedure should be limited to those cases where the initial manufacturer refuses to take responsibility for the surplus construction product, as it is always preferable that construction products remain under responsibility of the initial, competent manufacturer where they have not been altered.

(b) environmental product requirements, including climate, biodiversity and energy and resource efficiency), as well as functional and safety product requirements for construction products, while avoiding the use of substances of concern and ensuring human health.

(32) To render the reuse and remanufacturing of construction products as well as the use of surplus construction products possible at large scale, a simplified procedure for drawing up the declaration of performance should be set out for those construction products. In the case of surplus construction products, where alteration by use is excluded, the simplified procedure should be limited to those cases where the initial manufacturer refuses to take responsibility for the surplus construction product, as it is always preferable that construction products remain under responsibility of the initial, competent manufacturer where they have not been altered.

Or. en

Amendment 21

Proposal for a regulation

~~Article 1 a (new)~~

Recital 33

Text proposed by the Commission

Amendment

~~Article 1a~~

(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.

~~Objectives~~

(33) In order to reduce the burden, 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, including in a machine-readable format. Additionally, those permalinks could be provided in the form of QR-codes.

The objectives of this Regulation are to contribute to the efficient functioning of the single market and ensuring the safety of construction products and construction works, while making sustainable construction products become the norm by preventing and reducing the adverse impacts of construction products and construction works on the environment, human health, 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.

Or. en

Amendment 22

Proposal for a regulation

~~Article 2 – paragraph 3 – point d~~

Recital 34

Text proposed by the Commission

Amendment

~~(d) sanitary appliances;~~

(34) In order for the manufacturers to demonstrate that the construction products benefitting from the free movement of goods fulfil relevant Union requirements, it is necessary to require a declaration of conformity complementing the declaration of performance, thus also bringing the regulatory system for construction products closer to Regulation (EC) No 765/2008. However, in order to minimise the potential administrative burden, the declaration of conformity and the declaration of performance should be combined and provided by electronic means. The administrative burden on SMEs should be further minimised through targeted simplification provisions, including on the use of appropriate technical documentation replacing type testing, permitting micro-enterprises to use the more lenient verification system and reducing the requirements for custom-made non-series products installed in an identified single construction work. The Member States should also have the possibility to exempt micro-enterprises which do not trade cross-border from the obligation to draw a declaration of performance.

~~deleted~~

(34) To demonstrate that construction products benefitting from the free movement of goods fulfil relevant Union requirements, manufacturers should, simultaneously and by electronic means, provide a declaration of conformity complementing the declaration of performance. The administrative burden on SMEs should be further minimised through targeted simplification provisions, including on the use of appropriate technical documentation replacing type testing, permitting micro-enterprises to use the more lenient verification system and reducing the requirements for custom-made non-series products installed in an identified single construction work. The Member States should also have the possibility to exempt micro-enterprises which do not trade cross-border from the obligation to draw a declaration of performance.

~~Justification~~

Or. en

Sanitary appliances are covered by the current CPR. Excluding them from the new CPR could create legal instability and generate additional administrative burdens and costs for the manufacturers due to the reintroduction of principle of mutual recognition.

Amendment 23

Proposal for a regulation

~~Article 3 – paragraph 1 – point 63~~

Recital 35

Text proposed by the Commission

Amendment

(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 without prior remanufacturing to final disposal;

(35) In order to reach alignment with other product legislation and subject to the general principles of Regulation (EC) No 765/2008, the CE marking should be affixed to construction products for which the manufacturer has drawn up a declaration of performance or conformity. The manufacturer thereby takes the responsibility for the conformity of the product with the declared performance and applicable product requirements. A CE marking should be sufficient proof of the performance and conformity of a product with characteristics and requirements laid down in this Regulation. Member States should therefore not introduce any barriers to their markets based on characteristics and requirements not covered by the harmonised zone.

Or. en

Amendment 24

Proposal for a regulation

~~Article 3 – paragraph 1 – point 64 a (new)~~

Recital 40

Text proposed by the Commission

Amendment

~~(64a) ‘substance of concern’ means a substance of concern as defined in Article 2, point (28), of Regulation (EU) ... [Ecodesign for Sustainable Products Regulation];~~

(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 manufacturer should make clear whether the construction products are intended for professional use only, or also for use by consumers. To ensure that construction products can be traced back, manufacturers should be indicated on the product or, where this is not possible e.g. due to the product’s size or surface, on its packaging or, where that is not possible either, in a document accompanying it.

~~Justification~~

(40) To create transparency for users of construction products and to avoid inappropriate use of those products, their intended use should be precisely identified by the manufacturer. To ensure that construction products can be traced back, manufacturers should be indicated on the product or, where this is not possible e.g. due to the product’s size or surface, on its packaging or, where that is not possible either, in a document accompanying it.

~~The definition of substance of concern should mirror the definition in ESPR.~~

Or. en

Amendment 25

Proposal for a regulation

~~Article 3 – paragraph 1 – point 71 a (new)~~

Recital 41

Text proposed by the Commission

Amendment

~~(71a) ‘by-product’ means a by-product as defined in Article 5 of Directive 2008/98/EC.~~

(41) To ensure that requirements of this Regulation are fulfilled, manufacturers should actively search, store and evaluate information and take appropriate measures where non-conformity or under-performance has been confirmed or where there is a risk.

~~Justification~~

(41) To ensure that requirements of this Regulation are fulfilled, manufacturers should store and evaluate information and take appropriate measures where non-conformity or under-performance has been confirmed or where there is a risk.

The requirements laid out in the CPR, and especially Annex 1, should also refer to by-product content as well as recycled content. By-products also provide environmental benefits by displacing the use of virgin materials, in a similar way as recycled content, but they not fall into the definition of recycling and have a separate definition under the waste framework directive. A definition is needed in the CPR to align with the Waste Framework Directive definition.

Or. en

Amendment 26

Proposal for a regulation

~~Article 3 – paragraph 1 – point 71 b (new)~~

Recital 42

Text proposed by the Commission

Amendment

(71b) ‘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.

(42) To optimise the pursuit of the goals of the European Green Deal and of the Circular Economy Action Plan, the manufacturers should ensure a fair level of environmental sustainability, both for their products and their manufacturing, and they should ensure durability of their products, which requires adequate design, use of reliable parts, reparability of products, availability of information on repair and access to replacement parts. In that context manufacturers should also favour reuse, remanufacturing and recycling of their products by facilitating the separation of components and materials at the later stage of recycling and avoiding mixed, blended or intricate materials, including the necessary information in that regard to be made available in product databases or systems and on the manufacturer’s websites, in addition to the instructions for use.

Or. en

Amendment 27

Proposal for a regulation

~~Article 3 – paragraph 1 – point 71 c (new)~~

Recital 43

Text proposed by the Commission

Amendment

(71c) ‘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;

deleted

Or. en

Amendment 28

Proposal for a regulation

~~Article 4 – paragraph 2 – subparagraph 1~~

Recital 44

Text proposed by the Commission

Amendment

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.

The essential characteristics specified in accordance with paragraph 1, excluding Annex I Part A point 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 environmental sustainability objectives pursued by Regulation (EU) ... [Ecodesign for Sustainable Products Regulation].

deleted

Or. en

Amendment 29

Proposal for a regulation

~~Article 4 – paragraph 2 – subparagraph 2~~

Recital 46

Text proposed by the Commission

Amendment

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 and their assessment methods.

(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 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.

The Commission shall issue standardisation requests in accordance with Article 10 of Regulation (EU) 1025/2012 laying down the basic principles and corner stones for the establishment of these essential characteristics listed in Annex I Part A point 1 (1) to (7) and their assessment methods.

(46) Some construction products become waste though they were never used. To avoid this waste of resources, manufacturers should accept to regain free of charge, directly or via their importers and distributors, ownership of 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. That possibility should be limited in time to increase predictability and legal certainty for manufacturers.

Or. en

Amendment 30

Proposal for a regulation

~~Article 4 – paragraph 2 – subparagraph 3~~

Recital 47

Text proposed by the Commission

Amendment

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. 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.

~~deleted~~

Or. en

Amendment 31

Proposal for a regulation

~~Article 4 – paragraph 3 – point a~~

Recital 48

Text proposed by the Commission

Amendment

(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;

(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. Economic operators enabling reuse or undertaking remanufacturing should thus be exempted from these obligations, the more so as the reuse and remanufacturing are beneficial to the environment.

deleted

Or. en

Amendment 32

Proposal for a regulation

~~Article 4 – paragraph 3 – point a a (new)~~

Recital 49

Text proposed by the Commission

Amendment

~~(aa) the standardisation request has not been accepted by any of the European standardisation organisations;~~

(49) The authorised representatives are often the only reachable persons in case of imported products whilst manufacturers often attribute to them very limited tasks and do not provide them with all the necessary information to effectively represent the manufacturers. Hence, the role and responsibilities of authorised representatives should be clarified and strengthened.

deleted

Or. en

Amendment 33

Proposal for a regulation

~~Article 4 – paragraph 3 – point a b (new)~~

Recital 50

Text proposed by the Commission

Amendment

~~(ab) the adopted standard does not sufficiently fulfil the criteria described in the standardisation request;~~

(50) An economic operator who modifies a product in such a way that its performance or safety might be affected should be subject to the obligations of manufacturers, to ensure the verification whether performance or safety of the product are still the same. However, this obligation should not be imposed on an economic operator who repackages products to make them available in another Member State, as otherwise secondary trade and thus free circulation of products would be hampered and repackaging in principle should not affect performance nor safety of the construction product. Still, and with the aim to preserve the performance and safety of products, the economic operator undertaking the repackaging should be responsible for the correct execution of these operations to ensure that the product is not damaged and that the users are still correctly informed in the language set out by the Member State where the products are made available.

(50) An economic operator who modifies a product in such a way that its performance or safety might be affected should be subject to the obligations of manufacturers, to ensure the verification whether performance or safety of the product are still the same. However, this obligation should not be imposed on an economic operator who repackages products to make them available in another Member State, as otherwise secondary trade and thus free circulation of products would be hampered and repackaging in principle should not affect performance nor safety of the construction product. Still, the economic operator undertaking the repackaging should be responsible for the correct execution of these operations to ensure that the product is not damaged and that the users are still correctly informed in the language or the languages set out by the Member State where the products are made available.

Or. en

Amendment 34

Proposal for a regulation

~~Article 4 – paragraph 3 a (new)~~

Recital 51

Text proposed by the Commission

Amendment

3a. The Commission shall adopt delegated acts in accordance with Article 87 to supplement this Regulation, according to the timeline defined in accordance with Article 5a, 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.

(51) In order to increase compliance of manufacturers with the obligations under this Regulation and to contribute to addressing the identified shortcomings and improve the market surveillance, service providers, online market places and brokers should be empowered and requested to verify certain easily verifiable characteristics of products and their manufacturers, such as determination of product type and drawing up a comprehensive technical documentation, and should actively contribute to ensuring that only compliant products reach the users.

(51) In order to increase compliance of manufacturers with the obligations under this Regulation and to improve the market surveillance, service providers, online market places and brokers should be empowered and requested to verify certain easily verifiable characteristics of products and their manufacturers, such as determination of product type and drawing up a comprehensive technical documentation, and should actively contribute to ensuring that only compliant products reach the users.

Or. en

Amendment 35

Proposal for a regulation

~~Article 4 – paragraph 4 – point a~~

Recital 53

Text proposed by the Commission

Amendment

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

(53) The safe use of used and re-manufactured products often depends on precise information on their first use. Economic operator de-installing used products for re-use or remanufacturing should therefore take protocols on the place, conditions and presumed length of use of the de-installed product.

(a) threshold levels and classes of performance in relation to the essential characteristics, taking into account Union environment, climate and biodiversity goals, energy and resource efficiency, and which of the essential characteristics may or shall be declared by manufacturers in a transparent manner, including through the use of digital product passports;

deleted

Or. en

Amendment 36

Proposal for a regulation

~~Article 4 – paragraph 4 a (new)~~

Recital 54

Text proposed by the Commission

Amendment

~~4a. The Commission shall consult European standardisation organisations and relevant stakeholders prior to the adoption of the delegated acts referred to in this article.~~

(54) The performance and safety of products also depend on the components used and on the services provided by calibrators or other service providers for their design and manufacturing. For these reasons, certain obligations should be established for suppliers of components and service providers involved in the manufacturing of products. Where a non-compliance or risk might have been caused by a supplied component or service of a certain economic operator, the supplier or service provider should inform thereof his other clients who have received the same component or service, so that non-compliances and risks can be effectively tackled for other products too.

(54) The performance and safety of products can also depend on the components used and on the services provided by calibrators or other service providers for their design and manufacturing. Upon request, certain obligations should be applicable to suppliers of components and service providers involved in the manufacturing of products. However, where a non-compliance or risk might have been caused by a supplied component or service of a certain economic operator, the supplier or service provider should inform thereof his other clients who have received the same component or service, so that non-compliances and risks can be effectively tackled for other products too.

Or. en

Amendment 37

Proposal for a regulation

~~Article 4 – paragraph 4 b (new)~~

Recital 58

Text proposed by the Commission

Amendment

4b. 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 of the European Union. A negative assessment shall trigger the adoption of delegated acts referred to in Article 34(4) or in accordance with this Article.

(58) Digital technologies, which provide a significant potential for reducing administrative burden and costs for economic operators and public authorities, while also fostering innovative and new business opportunities and models, are evolving at rapid pace. The uptake of digital technologies will also contribute significantly towards achieving the objectives of the Renovation Wave, including energy efficiency, life-cycle assessments and monitoring and of the building stock. Accordingly, the Commission should be empowered to seize further opportunities of digitisation by implementing acts.

(58) Digital technologies, which provide a significant potential for reducing administrative burden and costs for economic operators and public authorities, while also fostering innovative and new business opportunities and models, should also contribute significantly towards achieving the objectives of the Renovation Wave, including energy efficiency, life-cycle assessments and monitoring and of the building stock. Accordingly, the Commission should be empowered to seize further opportunities of digitisation by implementing acts.

Or. en

Amendment 38

Proposal for a regulation

~~Article 5 – paragraph 2~~

Recital 63

Text proposed by the Commission

Amendment

2. In order to specify the product requirements set out in Annex I Part B, C and D, the Commission is empowered to supplement this Regulation, by means of delegated acts in accordance with Article 87, by specifying, for particular product families and categories, these product requirements and by laying down the corresponding assessment methods. Once the Commission has specified these product requirements by delegated acts, it may issue standardisation requests which aim at the elaboration of voluntary harmonised standards providing presumption of conformity with these mandatory product requirements as specified by these delegated acts.

(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. 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. Moreover, the control by the Commission should be enhanced.

2. In order to specify the product requirements, including threshold levels, set out in Annex I Part B, C and D, the Commission shall supplement this Regulation, by means of delegated acts in accordance with Article 87, by specifying, for particular product families and categories, these product requirements and by laying down the corresponding assessment methods. Once the Commission has specified these product requirements by delegated acts, it may issue standardisation requests which aim at the elaboration of voluntary harmonised standards providing presumption of conformity with these mandatory product requirements as specified by these delegated acts.

(63) To further promote the free movement of construction products and to contribute to the functioning of the internal market, certain principles for the development and adoption of European assessment documents should be established or be made more concrete. Moreover, the control by the Commission should be enhanced.

Or. en

Amendment 39

Proposal for a regulation

~~Article 5 – paragraph 2 a (new)~~

Recital 72

Text proposed by the Commission

Amendment

~~2a. For performance requirements set in Annex I part B and C, the respective delegated acts referred to in paragraph 2 shall, as appropriate, include:~~

(72) The attempts of establishing simplified procedures for 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 SMEs while ensuring performance, safety and environmental sustainability of construction products.

~~(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;~~

(72) Due to the lack of awareness or the lack of clarity regarding the simplified procedures established in Regulation (EU) No 305/2011, it is necessary to clarify and facilitate their application and hence achieve the objective of supporting SMEs while ensuring performance, safety and environmental sustainability of construction products.

(b) non-quantitative requirements that aim to improve one or more parameters referred to in Annex I part B and C or a combination thereof. The Commission shall regularly assess and, where necessary, update adopted threshold levels, classes of performance and non-quantitative requirements.

Or. en

Amendment 40

Proposal for a regulation

~~Article 5 – paragraph 3 a (new)~~

Recital 75

Text proposed by the Commission

Amendment

~~3a. For information requirements set out in Annex I part D, manufacturers are required to disclose information in the Declaration of Conformity.~~

(75) The evaluation of Regulation (EU) No 305/2011 showed that market surveillance activities carried out at national level, widely vary in quality and effectiveness. In addition to measures set out in this Regulation in favour of better market surveillance, the compliance of economic operators, bodies and products with this Regulation should be facilitated by also involving third parties such as by the possibility of any natural or legal person to submit information on possible non-compliances through a complaint portal.

(75) The evaluation of Regulation (EU) No 305/2011 showed that market surveillance activities carried out at national level, widely vary in quality and effectiveness. In addition to measures set out in this Regulation in favour of better market surveillance, the compliance of economic operators, bodies and products with this Regulation should be facilitated by also involving third parties such as by the possibility of any natural or legal person to submit information on non-compliances through a complaint portal set up and maintained by the Commission.

Or. en

Amendment 41

Proposal for a regulation

~~Article 5 a (new)~~

Recital 89

Text proposed by the Commission

Amendment

~~Article 5a~~

(89) In order to incentivise the use of sustainable construction products whilst avoiding market distortions and to remain in line with the Ecodesign for Sustainable Products Regulation, incentives for the use of sustainable construction products provided by Member States should target the most sustainable products and be embedded in an exchange of information amongst Member States.

~~Prioritisation and planning~~

deleted

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.

Or. en

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 36 months after entry into force of the Regulation, the Commission shall for the product 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 42

Proposal for a regulation

~~Article 7 – paragraph 2 – subparagraph 1 – introductory part~~

Recital 90

Text proposed by the Commission

Amendment

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. They shall in particular apply the following:

The requirements making up the harmonised zone are minimum requirements and shall not prevent any Member State from maintaining or introducing more stringent measures requiring higher environmental standards for construction works, in particular the setting of requirements at the building level. Such measures shall be compatible with Union law. Where national legislation provides for more stringent measures, the Member State shall notify such legislation to the Commission. Unless the protection of human health and the environment requires more stringent measures, Member States shall apply the following:

deleted

Or. en

Amendment 43

Proposal for a regulation

~~Article 7 – paragraph 2 – subparagraph 1 – point c~~

Recital 91

Text proposed by the Commission

Amendment

(c) unless otherwise specified in accordance with Article 5(3), national law, other rules or administrative action shall not duplicate or go beyond product requirements specified in accordance with Article 5 or the threshold levels established in accordance with Article 4(4);

(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 products in public supply contracts but also in public works or public services contracts where those products will be used for activities constituting the subject matter of those contracts. Compared to a voluntary approach, mandatory criteria or targets will ensure that the leverage of public spending to boost demand for better performing products is maximised. The criteria should be transparent, objective and non-discriminatory.

~~deleted~~

(91) Public procurement amounts to14% of the Union’s GDP. In order to enhance the demand for and use of sustainable construction products, thereby contributing to the objectives of reaching climate neutrality, improving energy and resource efficiency and transitioning to a circular economy that protects public health and biodiversity, Member States should envisage maximising the leverage of public spending and providing incentives whilst avoiding market distortions. Therefore, contracting authorities and entities should aim to align their procurement with specific green public procurement criteria or targets for specific product groups, to be set out in the delegated acts adopted pursuant to this Regulation, by taking them into account not only when directly procuring those products in public supply contracts but also in public works or public services contracts where those products will be used for activities constituting the subject matter of those contracts. The criteria should be transparent, objective and non-discriminatory.

~~Justification~~

Or. en

~~Follows from the amendment by the Rapporteur on the introductory part of this paragraph.~~

Amendment 44

Proposal for a regulation

~~Article 7 – paragraph 2 – subparagraph 2~~

Recital 94

Text proposed by the Commission

Amendment

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. However, harmonised technical specifications may permit or recommend Member States to link the decisions on the attribution of public tenders, of contracts or of grants or other positive incentives to sub-classes or additional classes other than those established in accordance with Article 4(4) where these still relate to environmental performances assessed in accordance with these harmonised technical specifications.

(94) The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to human health or safety or the protection of the environment, imperative grounds of urgency so require.

Harmonised technical specifications may require the Member States to link the decisions on the attribution of public tenders, of contracts or of grants or other positive incentives to sub-classes or additional classes other than those established in accordance with Article 4(4) where these still relate to environmental performances assessed in accordance with these harmonised technical specifications.

(94) The Commission should be empowered to adopt delegated acts where, in duly justified cases relating to human health or safety or the protection of the environment, imperative grounds of urgency so require.

Or. en

Amendment 45

Proposal for a regulation

~~Article 7 – paragraph 7 – point a~~

Recital 98

Text proposed by the Commission

Amendment

(a) the owner of the product, whilst having a choice amongst the manufacturer, the importer or the distributor as addressee, is in charge of the transport back to the distributor, importer or manufacturer;

(98) In order to ensure a high level of compliance with this Regulation, Member States should lay down rules on penalties applicable to non-compliances and ensure that those rules are enforced. The penalties provided for should be effective, proportionate and dissuasive. In order to ensure these goals and harmonised penalties, the Commission should be empowered to establish minimum penalties by acts adopted in accordance with Article 290 of the Treaty on the Functioning of the European Union.

~~deleted~~

(98) In order to ensure a high level of compliance with this Regulation, Member States should lay down rules on penalties applicable to non-compliances and ensure that those rules are enforced. The penalties provided for should be effective, proportionate and dissuasive. In order to ensure these goals and harmonised penalties, the Commission should be empowered to develop harmonised criteria or guidance on penalties.

~~Justification~~

Or. en

~~It should be up to the Member States to develop the basic rules of national deposit-refund systems.~~

Amendment 46

Proposal for a regulation

~~Article 7 – paragraph 7 a (new)~~

Recital 104

Text proposed by the Commission

Amendment

7a. By 31 December 2028, the Commission shall assess Union 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.

(104) In order to fully cover the environmental assessment of construction products and to appropriately cover product requirements which exist even in current harmonised technical specifications, a more comprehensive Annex I should be developed, including also a detailed list of essential characteristics related to lifecycle assessment and a complete framework for the product requirements. On that occasion, overlaps between basic requirements for construction works should be eliminated and clarifications should be brought forward.

~~Justification~~

(104) In order to fully cover the environmental assessment of construction products and to appropriately cover product requirements, a more comprehensive Annex I should be developed, including also a detailed list of essential characteristics related to lifecycle assessment and a complete framework for the product requirements, while overlaps between basic requirements for construction works should be eliminated and clarifications should be brought forward.

~~To ensure the functioning of the internal market, the Commission should assess the benefits of harmonised European deposit systems for certain products.~~

Or. en

Amendment 47

Proposal for a regulation

~~Article 7 – paragraph 8~~

Recital 106

Text proposed by the Commission

Amendment

8. Member States may ban the destruction 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.

(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, 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 necessary in order to achieve those objectives,

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.

(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, 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. 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. 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 necessary in order to achieve those objectives,

Or. en

Amendment 48

Proposal for a regulation

Article 71 – paragraph 81 a– ~~(new)~~introductory part

Text proposed by the Commission

Amendment

8a. 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.

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

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

Or. en

Amendment 49

Proposal for a regulation

Article 111 – paragraph 41 – point a

Text proposed by the Commission

Amendment

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

4. The information referred to in Article 31 or, as the case may be, in Article 33 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council45 shall be provided together with the declaration of performance. Without prejudice to Article 31 and 33 of Regulation (EC) No 1907/2006, this information shall at least be supplied for the following substances:

(a) rules on how to express the safety performance of construction products in relation to their essential characteristics;

~~a) information on included substances identified in accordance with Article 59(1) of Regulation (EC) No 1907/2006;~~

Or. en

~~b) information on included substances classified in Part 3 of Annex VI to Regulation (EC) No 1272/2008.~~

~~c) information on included priority substances in the field of water policy referred to in Annex I of Directive 2013/39/EU of the European Parliament and of the Council;~~

~~d) information on included existing active substances referred to in Regulation (EU) 528/2012 of the European Parliament and of the Council.~~

~~__________________~~

45 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1.).

Amendment 50

Proposal for a regulation

Article 181 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) environmental, including climate, functional and safety product requirements for construction products.

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. This shall not apply to the EU Ecolabel and other national or regional EN ISO 14024 type I ecolabelling schemes officially recognised in accordance with Article 11 of Regulation (EC) 66/2010.

(b) environmental, functional and safety product requirements for construction products.

Or. en

Amendment 51

Proposal for a regulation

Article 222 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

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. However, this shall not apply in case of used, remanufactured or surplus products, unless the economic operator, subject to the obligations of this Article by virtue of Article 26, opts for the application of this Regulation as for new products.

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

1. For the product characteristics specified in Annex I Part A Point 2, the manufacturer shall assess the environmental characteristics of the product using the assessment method specified in delegated acts adopted in accordance with Article 4(3a) and use, once available, the latest version of the software made freely available on the website of the European Commission. However, this shall not apply in case of used, remanufactured or surplus products, unless the economic operator, subject to the obligations of this Article by virtue of Article 26, opts for the application of this Regulation as for new products.

(a) 3D-printed construction products and moulds;

Or. en

Amendment 52

Proposal for a regulation

Article 222 – paragraph 21 – subparagraph 1 – point ~~a – introductory part~~g

Text proposed by the Commission

Amendment

~~(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, unless a lower level:~~

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

(a) 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:

deleted

Or. en

Amendment 53

Proposal for a regulation

Article ~~22 – paragraph~~ 2 – ~~subparagraph~~paragraph 1 – ~~point a – point~~subparagraph ii2

Text proposed by the Commission

Amendment

~~(ii) is either necessary to improve the environmental sustainability at the level of the construction works.~~

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

~~(ii) is necessary to improve the environmental sustainability at the level of the construction works.~~

deleted

Or. en

Amendment 54

Proposal for a regulation

Article 222 – paragraph 2 – ~~subparagraph 1 –~~ point a ~~a (new)~~

Text proposed by the Commission

Amendment

(aa) under the conditions set out in point (a)(i) and (ii), 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;

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

(a) they are imported from third countries without having been placed on the Union market before;

Or. en

Amendment 55

Proposal for a regulation

Article 222 – paragraph 2 – ~~subparagraph 1 –~~ point b

Text proposed by the Commission

Amendment

~~(b) under the conditions set out in point (a)(i) and (ii) give preference to recyclable materials and materials gained from recycling;~~

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

(b) under the conditions set out in point (a)(i) and (ii) and 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;

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

Or. en

Amendment 56

Proposal for a regulation

Article 222 – paragraph 2 – ~~subparagraph 1 –~~ point c

Text proposed by the Commission

Amendment

~~(c) respect the minimum recycled content obligations and other limit values regarding aspects of environmental, including climate sustainability contained in harmonised technical specifications;~~

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

(c) respect the minimum recycled content obligations and other limit values regarding aspects of environmental sustainability, including climate, biodiversity, and resource and energy efficiency, contained in harmonised technical specifications;

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

Or. en

Amendment 57

Proposal for a regulation

Article 222 – paragraph 2 – ~~subparagraph 1 –~~ point d

Text proposed by the Commission

Amendment

(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;

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

(d) prevent premature obsolescence of products, use reliable parts and design products in such a way that their durability is significantly improved compared to the average durability of products of the respective category that serves the same purpose;

(d) they have been subject to a transformative process going beyond repair, cleaning and regular maintenance (‘remanufactured product’);

Or. en

Amendment 58

Proposal for a regulation

Article 222 – paragraph 2 – ~~subparagraph 1 –~~ point fe

Text proposed by the Commission

Amendment

(f) make available, in product databases, instructions for use and on permalinks of their own websites, information on how to repair the products and any additional information necessary for repairing, including relevant warnings;

(e) the economic operator making the used construction products or item available on the market opts for the application of this Regulation.

(f) make available, at least on permalinks of their own websites or by means of QR codes and in the Digital Product Passport established in accordance with Article 78, relevant instructions for use, information on how to repair the products and any additional information necessary for repairing, including relevant warnings;

(e) the economic operator making them available on the market opts for the application of this Regulation.

Or. en

Amendment 59

Proposal for a regulation

Article ~~22 – paragraph~~ 2 – ~~subparagraph~~paragraph 13 – point gd

Text proposed by the Commission

Amendment

(g) 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;

(d) sanitary appliances;

(g) make available on the market itself or by specially designated distributors or by manufacturers of spare parts, with a reasonable and non-discriminatory price and 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;

deleted

Or. en

Amendment 60

Proposal for a regulation

Article 222 – paragraph 24 – subparagraph 1 ~~– point h~~

Text proposed by the Commission

Amendment

(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 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;

This Regulation also shall also apply to 3D-printing services of construction products and of items covered by this Regulation. 3D-printing services include renting out of 3D-printing machines that could be used for construction products and items covered by this Regulation.

(h) design products components and materials in such a way that that they are reusable, remanufacturable and recyclable, namely by facilitating the separation of products components and materials at de-installation, deconstruction and demolition and the later stage of recycling and avoiding mixed, blended or intricate materials and substances of concern. When remanufacturing and recycling are risky for human safety or the environment the manufacturer warn against remanufacturing and recycling in accordance with the following point;

deleted

Or. en

Amendment 61

Proposal for a regulation

Article ~~22 – paragraph~~ 2 – ~~subparagraph 1 – point~~paragraph i5

Text proposed by the Commission

Amendment

(i) make available, in product databases, instructions for use and on their own websites, information on how to remanufacture or recycle the products and any additional information necessary for re-use, remanufacturing or recycling, including relevant warnings;

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

(i) make available, at least on their own websites or by means of QR codes and in the Digital Product Passport established in accordance with Article 78, relevant information on how to remanufacture or recycle the products and any additional information necessary for re-use, remanufacturing or recycling, including relevant warnings and a list of recycling facilities;

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 in the outermost regions of the European Union in the meaning of Article 349 of the Treaty on the Functioning of the European Union. Member States shall notify to the European Commission and to the other Member States the regulations providing such exemptions. They shall ensure that exempted construction products or items do not bear the CE marking in accordance with Article 16. Construction products or items placed on the market on the basis of such exemption shall not be deemed to be placed on the market in the Union in the meaning of this Regulation.

Or. en

Amendment 62

Proposal for a regulation

Article 223 – paragraph ~~2 – subparagraph~~ 1 – point j1

Text proposed by the Commission

Amendment

~~(j) accept to regain, 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.~~

(1) ‘construction product’ means any formed or formless physical item, including its packaging and instructions for use, or a kit or assembly combining such items, that is placed on the market or produced for incorporation in a permanent manner in construction works or parts thereof within the Union, with the exception of items that are necessarily first integrated into an assembly, kit or other construction product prior to being incorporated in a permanent manner in construction works;

(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;

(1) ‘construction product’ means any physical item, including its packaging and instructions for use, or a kit or assembly combining such items, that is placed on the market or produced for incorporation in a permanent manner in construction works or parts thereof within the Union, with the exception of items that are necessarily first integrated into an assembly, kit or other construction product prior to being incorporated in a permanent manner in construction works;

Or. en

Amendment 63

Proposal for a regulation

Article 223 – paragraph ~~2 – subparagraph~~ 1 – point ~~j a (new)~~5

Text proposed by the Commission

Amendment

(ja) have extended producer responsibility, in accordance with relevant provisions in Directive 2008/98/EC, for products that they make available on the market for the first time within the territory of a Member State, including financing of direct or indirect collection, transport, preparation for repurposing and remanufacturing, treatment and recycling of waste construction products and providing end-of-life information.

(5) ‘direct installation’ means the installation of a product into a construction work of a client without prior making available on the market or the installation of a one-family house covered by this Regulation, regardless whether in the framework of providing a service or not;

deleted

Or. en

Amendment 64

Proposal for a regulation

Article 223 – paragraph 41 – point 8

Text proposed by the Commission

Amendment

4. In order to specify the obligations set out in paragraph 2, 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 obligations. Alternatively, the Commission may issue standardisation requests which aim at the elaboration of harmonised standards providing presumption of conformity with the obligations of paragraph 2 for a specific product family or category. The obligations contained in paragraph 2 shall not apply before such a delegated act or a harmonised standard has become applicable.

(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 or installed directly, including those requirements relating to labelling and instructions for use or other information to be provided;

4. In order to specify the obligations set out in paragraph 2, the Commission shall, by … [1 year after entry into force of this Regulation], supplement this Regulation, by means of delegated acts in accordance with Article 87, by specifying, for particular product families and categories, these obligations. Alternatively, the Commission may issue standardisation requests which aim at the elaboration of harmonised standards providing presumption of conformity with the obligations of paragraph 2 for a specific product family or category. The obligations contained in paragraph 2, points (a), (d), (e), (g) (h), (j) and (ja) shall not apply before such a delegated act or a harmonised standard has become applicable.

(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, including those requirements relating to labelling and instructions for use or other information to be provided;

Or. en

Amendment 65

Proposal for a regulation

Article 223 – paragraph 51 – point 21

Text proposed by the Commission

Amendment

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 “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).

(21) ‘kit’ means a product placed on the market by a single economic operator as a set of at least two separate items, none of which needs to be a product itself, intended to be incorporated together in construction works;

5. In order to ensure transparency for the users and to promote sustainable products, the Commission shall supplement this Regulation by delegated acts adopted in accordance with Article 87 to establish specific environmental sustainability labelling requirements for products marketed to end consumers 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).

(21) ‘kit’ means a product placed on the market by a single economic operator as a set of at least two separate components, none of which needs to be a product itself, intended to be incorporated together in construction works;

Or. en

Amendment 66

Proposal for a regulation

Article 223 – paragraph 61 – point 26

Text proposed by the Commission

Amendment

~~6. The manufacturer shall affix the traffic light label in the way set out in the delegated acts adopted in accordance with paragraph 5.~~

(26) ‘repair’ means the process of returning a faulty product to a condition where it can fulfil its intended use;

6. The manufacturer shall affix the label in the way set out in the delegated acts adopted in accordance with paragraph 5, including in a visible manner at the point of sale, including online sales, and on the website of the manufacturer.

(26) ‘repair’ means the process of returning a faulty product or a component thereof to a condition where it can fulfil its intended use;

Or. en

Amendment 67

Proposal for a regulation

Article 223 – paragraph 61 a– ~~(new)~~point 27

Text proposed by the Commission

Amendment

6a. 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.

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

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

Or. en

Amendment 68

Proposal for a regulation

Article 343 – paragraph 41 – point 32

Text proposed by the Commission

Amendment

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 to modify the respective standards for purposes of legal effects under this Regulation.

(32) ‘state of the art’ means a way to achieve a certain goal which is either the most effective and advanced or close to it and thus above the average of ways which can be chosen;

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.

(32) ‘state of the art’ means a way to achieve a certain goal or performance which is either the most effective and advanced or close to it and thus above the average of ways which can be chosen;

~~Justification~~

Or. en

European standardization organizations shall be empowered to produce recommendations on the criteria a) and b). The European Commission shall use the recommendations as the basis for Delegated Acts on environmental, safety and harmonisation standards.

Amendment 69

Proposal for a regulation

~~Article 78 – title~~

Article 3 – paragraph 1 – point 37

Text proposed by the Commission

Amendment

~~EU construction products database or system~~

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

~~EU Construction Products Digital Product Passport~~

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

Or. en

Amendment 70

Proposal for a regulation

Article 783 – paragraph 1 – point 38

Text proposed by the Commission

Amendment

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].

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

1. By 31 December 2026, the Commission shall supplement this Regulation by means of delegated act according to Article 87, by setting up a Union Construction Products Digital Product Passport that builds on and is interoperable with the Digital Product Passport established by Regulation (EU) ... [Ecodesign for Sustainable Products Regulation].

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

Or. en

Amendment 71

Proposal for a regulation

Article 783 – paragraph 1 – point 44 a (new)

Text proposed by the Commission

Amendment

1a. 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.

(44a) ‘QR-code’ means a matrix barcode that links to a website which is stable both for its content and the address (“URL”);

Or. en

Amendment 72

Proposal for a regulation

Article 783 – paragraph 1 b– ~~(new)~~point 57

Text proposed by the Commission

Amendment

~~1b. The product passport shall contain at least:~~

(57) ‘broker’ means any natural or legal person providing an intermediation service for the placing on the market or direct installation of products;

~~i) the information on material and chemical content;~~

(57) ‘broker’ means any natural or legal person providing an intermediation service for the placing on the market of products;

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;

Or. en

~~iii) the instructions for repair, reuse, recycling and upgrading.~~

Amendment 73

Proposal for a regulation

Article 784 – paragraph ~~3 – subparagraph~~ 1 ~~– introductory part~~

Text proposed by the Commission

Amendment

The Commission may, by implementing acts give access to this database or system to certain authorities of third countries that apply voluntarily this Regulation or that have regulatory systems for construction products similar to this Regulation provided that these countries:

1. The basic requirements for construction works, set out in Annex I Part A Point 1 shall constitute the basis for the preparation of standardisation requests and harmonised technical specifications.

The Commission may, by implementing acts give access to this Digital Product Passport to certain authorities of third countries that apply voluntarily this Regulation or that have regulatory systems for construction products similar to this Regulation provided that these countries:

1. On the basis of the basic requirements for construction works set out in Annex I Part A Point 1 and taking into account the regulatory needs of the Member States, the Commission shall identify essential characteristics of construction products which, together with the product characteristics set out in Annex I Part A Point 2, shall constitute the basis for the preparation of standardisation requests and harmonised technical specifications.

Or. en

Amendment 74

Proposal for a regulation

Article 834 – paragraph 12 – subparagraph 1

Text proposed by the Commission

Amendment

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 “traffic-light-labelling” in accordance with Article 22(5), those incentives shall aim at the highest two populated classes / colour codes, or at higher classes / better colour codes.

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 label in accordance with Article 22(5), those incentives shall aim at the highest two classes.

The essential characteristics identified in accordance with paragraph 1 and the methods for their assessment shall be laid down in standards which are rendered mandatory for purposes of application of this Regulation by means of delegated acts referred to in the subparagraph 2a of this paragraph.

Or. en

Amendment 75

Proposal for a regulation

Article 834 – paragraph 2 – subparagraph 2 ~~– point b a (new)~~

Text proposed by the Commission

Amendment

~~(ba) the environmental benefits derived from the uptake of products in the highest two classes.~~

For the purposes of the first subparagraph of this paragraph, the Commission shall issue standardisation requests in accordance with Article 10 of Regulation (EU) 1025/2012 laying down the basic principles and cornerstones for the establishment of these essential characteristics and their assessment methods. Those standardisation requests may include a determination of the threshold levels and classes of performance in relation to those essential characteristics.

Or. en

Amendment 76

Proposal for a regulation

Article 844 – paragraph 12 – subparagraph 2 a (new)

Text proposed by the Commission

Amendment

1. The Commission is empowered to ~~supplement~~adopt delegated act in accordance with Article 87 supplementing this Regulation by incorporating that standard. The Commission shall adopt such delegated acts ~~according~~where tothe ~~Article~~Commission 87considers bythat ~~establishing~~a ~~sustainability~~standard ~~requirements~~delivered ~~applicable~~pursuant to ~~public~~a ~~contracts,~~request ~~including~~made ~~implementation,~~in ~~monitoring~~accordance ~~and~~with ~~reporting~~the offirst ~~those~~subparagraph ~~requirements~~fully bymeets ~~Member~~such ~~States.~~a standardisation request.

1. By 31 December 2025, the Commission shall supplement this Regulation by delegated acts according to Article 87 by establishing mandatory sustainability requirements applicable to all public contracts, including implementation, monitoring and reporting of those requirements by Member States.

Or. en

Amendment 77

Proposal for a regulation

Article 844 – paragraph 2 – subparagraph 3

Text proposed by the Commission

Amendment

2. Requirements adopted pursuant to paragraph 1 for public contracts awarded by contracting authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article 3, point (1) of Directive 2014/25/EU, or contracting entities, as defined in Article 4(1) of Directive 2014/25/EU, may take the form of mandatory technical specifications, selection criteria, award criteria, contract performance clauses, or targets, as appropriate. These requirements shall allow the use of the EU Ecolabel and other national or regional EN ISO 14024 type I ecolabelling schemes officially recognised in accordance with Article 11 of Regulation (EC) 66/2010 as selection criteria.

deleted

Or. en

Amendment 78

Proposal for a regulation

Article 844 – paragraph 32 – ~~point a a~~subparagraph ~~(new)~~4

Text proposed by the Commission

Amendment

~~(a a) the environmental benefits entailed by the uptake of products in the highest two performance classes;~~

The Commission shall verify that the basic principles and corner stones, and the Union law are respected in the standards prior to publishing the reference thereof in the Official Journal in accordance with Article 34.

deleted

Or. en

Amendment 79

Proposal for a regulation

Article 844 – paragraph 3 – ~~point~~introductory cpart

Text proposed by the Commission

Amendment

~~(c) the economic feasibility for contracting authorities or contracting entities to buy more environmentally sustainable products, without entailing disproportionate costs.~~

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, voluntary or mandatory essential characteristics and their assessment methods in any of the following cases:

(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.

3. While priority shall be given to the elaboration of standards, the Commission is empowered to adopt delegated acts in accordance with Article 87 supplementing this Regulation, by establishing, for particular product families and categories, mandatory essential characteristics and their assessment methods in any of the following cases:

Or. en

Amendment 80

Proposal for a regulation

Article 844 – paragraph 3 – point c a ~~(new)~~

Text proposed by the Commission

Amendment

~~(ca) the relevant Union green public procurement criteria.~~

(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 three years after having received the standardisation request;

Or. en

Amendment 81

Proposal for a regulation

Article 844 – paragraph 3 – point a a (new)

Text proposed by the Commission

Amendment

3a. 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.

(aa) the standardisation request has not been accepted by any of the European standardisation organisations;

Or. en

Amendment 82

Proposal for a regulation

Article 874 – paragraph 23 – point c

Text proposed by the Commission

Amendment

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 five years from … [the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

(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;

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 six years from … [the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the six-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

(c) one or more essential characteristics identified in accordance with paragraph 1 of this Article 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;

~~Justification~~

Or. en

~~Coherence with ESPR, which establishes a period of 6 years. Industry needs to be consulted in order that the delegates act is fit for purpose and implementable~~

Amendment 83

Proposal for a regulation

Article 914 – paragraph 13 – point d

Text proposed by the Commission

Amendment

No sooner than 8 years after the date of application of this Regulation, the Commission shall carry out an evaluation of this Regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of products and construction works and built environment. The Commission shall present a report on the main findings to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. Member States shall provide the Commission with the information necessary for the preparation of that report.

(d) the standards referred to in the first subparagraph of Article 4(2) are for other reasons considered not sufficient to cover regulatory needs of Member States or the needs of economic operators;

By … [4 years after the date of application of this Regulation], the Commission shall carry out an evaluation of this Regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of products and construction works and built environment. The evaluation shall include an assessment of:

deleted

(a) the alignment of requirements established under this Regulation, in terms of sustainability, protection of the environment, schedule and stringency, with Regulation (EU) … [Ecodesign for Sustainable Products Regulation], and

Or. en

~~(b) the contribution of the construction products sector towards Union overall environmental, including climate and biodiversity objectives.~~

The Commission shall present a report on the main findings to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. Member States shall provide the Commission with the information necessary for the preparation of that report.

Where appropriate, the report shall be accompanied by a legislative proposal for amendment of the relevant provisions of this Regulation, in particular on the alignment of the provisions of this Regulation with Regulation (EU) … [Ecodesign for Sustainable Products Regulation].

Amendment 84

Proposal for a regulation

Article 924 – paragraph 13 – point e

Text proposed by the Commission

Amendment

~~Regulation (EU) 305/2011 is repealed with effect from 1 January 2045.~~

(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;

~~Regulation (EU) 305/2011 is repealed with effect from 1 January 2029.~~

deleted

~~Justification~~

Or. en

A transition period of more than 20 years is far too long. Climate change is not waiting for 20 years. In 20 years innovations have developed and new greener and more sustainable technologies and materials have risen.

Amendment 85

Proposal for a regulation

~~Annex I – Part A – point 1 – point 1.3 – paragraph 2 – introductory part~~

Article 4 – paragraph 3 – point f

Text proposed by the Commission

Amendment

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 health and safety of workers, occupants or neighbors as a result of any of the following:

(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;

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 adversely affect the hygiene or health and safety of workers, occupants, or neighbours as a result of any of the following:

(f) there is a need to adapt standards which have been established by European standardisation organisations but which cannot be published in the Official Journal;

Or. en

Amendment 86

Proposal for a regulation

~~Annex~~Article I4 – ~~Part~~paragraph A3 – ~~point~~subparagraph 1 ~~– point 1.3 – paragraph 2 – point~~ a (new)

Text proposed by the Commission

Amendment

~~(a) the emissions of hazardous substances, volatile organic compounds or hazardous particles into indoor air;~~

Before adopting delegated acts referred to in the first subparagraph, the Commission shall consult relevant European standardisation organisations and European stakeholder organisations receiving Union financing under Regulation (EU) No 1025/2012.

~~(a) the emissions of hazardous substances volatile organic compounds, odours or hazardous particles into indoor air;~~

Or. en

Amendment 87

Proposal for a regulation

~~Annex I – Part A – point 1 – point 1.3 – paragraph 2 – point e a (new)~~

Article 4 – paragraph 4 – introductory part

Text proposed by the Commission

Amendment

~~(ea) the release of microplastics;~~

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, the following:

4. While priority shall be given to the elaboration of standards, in order to cover the regulatory needs of Member States and to pursue the harmonisation goals of Article 114 of the Treaty on the Functioning of the European Union, the Commission is empowered to adopt delegated acts in accordance with Article 87 supplementing this Regulation, by determining, for particular product families and categories, the following:

Or. en

Amendment 88

Proposal for a regulation

~~Annex I – Part A – point 1 – point~~Article ~~1.3~~4 – paragraph 24 – ~~point~~subparagraph e1 ba (new)

Text proposed by the Commission

Amendment

~~(eb) to the extent possible, the release of substances of concern into indoor air or water;~~

Or. en

Amendment 89

Proposal for a regulation

~~Annex I – Part A – point 1 – point 1.6 – paragraph 2 – introductory part~~

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

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 shall be low, when account is taken of:

1. All products covered by this Regulation shall, prior to their placing on the market or direct installation, satisfy the generic, directly applicable product requirements set out in Annex I Part D and the product 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.

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 embodied carbon and the amount of energy they require in use shall be low, when account is taken of:

1. All products covered by this Regulation shall, prior to their placing on the market, satisfy the product requirements set out in Annex I, Parts B and C and, where applicable, the product requirements for the respective product family or category as specified in the delegated acts, as well as the product requirements laid down in Annex I, Parts B and C.

Or. en

Amendment 90

Proposal for a regulation

~~Annex I – Part A – point 1 – point 1.7 – paragraph 1~~

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

~~Hazardous emissions into the outdoor environment of construction works~~

~~Emissions into the outdoor environment of construction works~~

2. When specifying the product requirements set out in Annex I Part B and C, the Commission may define, for particular product families and categories, which of these product requirements shall apply to that product family or category and lay down the corresponding assessment methods. Once the Commission has specified these product requirements pursuant to paragraph 1, it shall issue standardisation requests which aim at the elaboration of harmonised standards providing presumption of conformity with these mandatory product requirements. In case there is no harmonised standard, the Commission shall establish clear guidelines for manufacturers on how to demonstrate the conformity with product requirements.

Or. en

Amendment 91

Proposal for a regulation

~~Annex I – Part A – point 1 – point 1.7 – paragraph 2 – point a~~

Article 5 – paragraph 3

Text proposed by the Commission

Amendment

~~(a) the release of hazardous substances or radiation into ground water, marine or surface waters or soil;~~

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.

~~(a) the release of hazardous substances, microplastics, or radiation into air, ground water, marine or surface waters or soil;~~

deleted

Or. en

Amendment 92

Proposal for a regulation

~~Annex I – Part A – point 1 – point 1.7 – paragraph 2 – point d~~

Article 5 a (new)

Text proposed by the Commission

Amendment

~~(d) the release of net greenhouse gas emissions into the atmosphere.~~

Article 5a

~~(d) the release of greenhouse gas emissions into the atmosphere.~~

Product information requirements

All products covered by this Regulation shall, prior to their placing on the market, satisfy the product information requirements set out in Annex I, Part D and, where applicable, the product information requirements for the respective product family or category as specified in the delegated acts, as well as the product information requirements laid down in Annex I, Part D.

Or. en

Amendment 93

Proposal for a regulation

~~Annex I – Part A – point 1 – point 1.8 – paragraph 2 – introductory part~~

Article 7 – paragraph 1

Text proposed by the Commission

Amendment

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

1. The harmonised zone shall be presumed to be comprehensive, covering all potential requirements for products other than those covered by other Union law.

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, wherever possible without safety loss:

1. The harmonised zone shall be presumed to be comprehensive, covering all potential requirements for construction products covered by this Regulation.

Or. en

Amendment 94

Proposal for a regulation

~~Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point a~~

Article 7 – paragraph 4

Text proposed by the Commission

Amendment

~~(a) use of raw and secondary materials of high environmental sustainability and thus with a low environmental footprint;~~

4. Where a Member State deems it necessary, on imperative grounds of health, safety or 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.

(a) maximising the resource efficient use of by-products and secondary, low-carbon, sustainably sourced bio-based, or local materials as well as raw materials of high environmental sustainability and thus with a low environmental footprint,:

4. Where a Member State deems it necessary, on imperative grounds of health, safety or protection of the environment 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.

Or. en

Amendment 95

Proposal for a regulation

~~Annex~~Article I7 – ~~Part~~paragraph A5 – ~~point~~subparagraph 1 – ~~point 1.8 – paragraph 2 – point~~introductory bpart

Text proposed by the Commission

Amendment

~~(b) minimizing the overall amount of raw materials used;~~

The Commission shall, by means of implementing acts, authorise the national measure notified under paragraph 4 where:

~~(b) minimizing the overall amount of materials used;~~

The Commission shall adopt delegated acts in accordance with Article 87 supplementing this Regulation by authorising the national measure notified under paragraph 4 where:

Or. en

Amendment 96

Proposal for a regulation

~~Annex~~Article I7 – ~~Part~~paragraph A5 – ~~point~~subparagraph 1 – point ~~1.8 – paragraph 2 – point e~~a

Text proposed by the Commission

Amendment

~~(e) reuse or recyclability of the construction works, parts of them and their materials after demolition.~~

(a) it ascertains that the regulation or administrative measure appears duly justified in the light of imperative grounds of health, safety or protection of the environment referred to in paragraph 4;

~~(e) ease of deconstruction, use of reusable and recyclable materials and maximising reuse or recyclability of the construction works, parts of them and their materials after demolition.~~

(a) it ascertains that the regulation or administrative measure is duly justified in the light of imperative grounds of health, safety or protection of the environment referred to in paragraph 4;

Or. en

Amendment 97

Proposal for a regulation

~~Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point e a (new)~~

Article 7 – paragraph 5 – subparagraph 2

Text proposed by the Commission

Amendment

~~(ea) minimising the overall volumes of waste generated;~~

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).

deleted

Or. en

Amendment 98

Proposal for a regulation

~~Annex I – Part A – point 2 – paragraph 2 – introductory part~~

Article 8 – paragraph 1

Text proposed by the Commission

Amendment

~~Harmonised technical specifications shall to the extent possible cover the following essential characteristics related to life cycle assessment:~~

To avoid double assessment of products, the Commission is empowered to supplement this Regulation by delegated acts adopted in accordance with Article 87 by determining the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations under this Regulation, where otherwise the same aspect of health, safety or protection of the environment would be assessed in parallel under this Regulation and other Union law.

~~Harmonised technical specifications shall cover the following essential characteristics related to life cycle assessment:~~

To avoid double assessment of products, the Commission is empowered to adopt delegated acts in accordance with Article 87 supplementing this Regulation by determining the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations under this Regulation.

Or. en

Amendment 99

Proposal for a regulation

~~Annex I – Part A – point 2 – paragraph 2 – point a~~

Article 9 – paragraph 3

Text proposed by the Commission

Amendment

~~(a) climate change effects (mandatory);~~

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, and this even where it did not act negligently. In the absence of objective indications to the contrary, Member States shall presume the declaration of performance drawn up by the manufacturer to be accurate and reliable.

~~(a) Global Warming Potential total (mandatory);~~

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. In the absence of objective indications to the contrary, Member States shall presume the declaration of performance drawn up by the manufacturer to be accurate and reliable.

Or. en

Amendment 100

Proposal for a regulation

~~Annex I – Part A – point~~Article 211 – paragraph 2 ~~– point a a (new)~~

Text proposed by the Commission

Amendment

~~(aa) Global Warming Potential fossil fuels (mandatory);~~

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 or delegated acts adopted in accordance with Article 4(3), and the assessment of environmental sustainability referred to in Article 22(1).

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 product characteristics listed in Annex I Part A 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).

Or. en

Amendment 101

Proposal for a regulation

~~Annex I – Part~~Article A12 – ~~point~~paragraph 21 – ~~paragraph~~subparagraph 21 – point a ~~b (new)~~

Text proposed by the Commission

Amendment

~~(ab) Global Warming Potential biogenic (mandatory);~~

(a) the intended use is not changed otherwise than by reduction in terms of performance or intended uses or to merely decorative purposes;

(a) the intended use is not changed otherwise than by reduction in terms of performance or intended uses or for decoration purposes;

Or. en

Amendment 102

Proposal for a regulation

~~Annex I – Part A – point~~Article 212 – paragraph 2 ~~– point a c (new)~~

Text proposed by the Commission

Amendment

~~(ac) Global Warning Potential land use and land use change (mandatory);~~

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

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 for decoration purposes. Where the economic operator has used this derogation, the declaration of performance shall be labelled “declaration of performance for used product”.

Or. en

Amendment 103

Proposal for a regulation

~~Annex I – Part A – point 2 – paragraph 2 – point b~~

Article 12 – paragraph 4

Text proposed by the Commission

Amendment

~~(b) ozone depletion;~~

4. Paragraphs 1 to 3 shall also apply to remanufactured products, if the transformative process, whilst going beyond repair, cleaning or regular maintenance or preparing for re-use as defined in Article 3, point (16), of Directive 2008/98/EC after being de-installed, does not jeopardise the compliance with this Regulation or the performance of the product in relation to the relevant characteristics because, by their design, the transformative process cannot negatively influence the performance and the compliance or because the used replacement part has been assessed as equivalently performing and compliant. Where the economic operator has used this derogation, the declaration of performance shall be labelled “declaration of performance for re-manufactured product”.

~~(b) depletion potential of the stratospheric ozone layer (mandatory);~~

4. Paragraphs 1 to 3 shall also apply to remanufactured products, if the transformative process does not jeopardise the compliance with this Regulation or the performance of the product in relation to the relevant characteristics because, by their design, the transformative process cannot negatively influence the performance and the compliance or because the used replacement part has been assessed as equivalently performing and compliant. Where the economic operator has used this derogation, the declaration of performance shall be labelled “declaration of performance for remanufactured product”.

Or. en

Amendment 104

Proposal for a regulation

~~Annex I – Part~~Article A12 – ~~point~~paragraph 25 – ~~paragraph~~subparagraph 21 – ~~point~~introductory cpart

Text proposed by the Commission

Amendment

~~(c) acidification potential;~~

Paragraphs 1 to 4 shall apply to all of the following:

~~(c) acidification potential, Accumulated Exceedance (mandatory);~~

Paragraphs 1 to 4 shall apply to all of the following products:

Or. en

Amendment 105

Proposal for a regulation

~~Annex I – Part~~Article A12 – ~~point~~paragraph 25 – ~~paragraph~~subparagraph 21 – point da

Text proposed by the Commission

Amendment

~~(d) eutrophication aquatic freshwater;~~

(a) products which have reached the user or have left the distribution chain, but were never installed and for which the initial manufacturer no longer assumes any responsibility as new product (“surplus products”);

~~(d) eutrophication potential, fraction of nutrients reaching freshwater end compartment (mandatory);~~

(a) which have reached the user or have left the distribution chain, but were never installed and for which the initial manufacturer no longer assumes any responsibility as new product (“surplus products”);

Or. en

Amendment 106

Proposal for a regulation

~~Annex I – Part A – point~~Article 215 – paragraph 2 – ~~point~~subparagraph e1

Text proposed by the Commission

Amendment

~~(e) eutrophication aquatic marine;~~

Where the declaration is provided by electronic means, the manufacturer shall issue that declaration in a commonly readable, but unamendable electronic format. Alternatively, the manufacturer may use a permalink provided that the permalink and the document accessible via the permalink are unamendable. Commission Delegated Regulation (EU) No 157/201446 shall apply under this Regulation.

~~(e) eutrophication potential, fraction of nutrients reaching marine end compartment (mandatory);~~

Where the declaration is provided by electronic means, the manufacturer shall issue that declaration in a commonly machine readable, but unamendable electronic format. To ensure the availability of information over time, the manufacturer may use a permalink or a QR-code provided that the permalink or the QR-code and the document accessible via the permalink or the QR-code are unamendable. Commission Delegated Regulation (EU) No 157/201446 shall apply under this Regulation.

__________________

46 Commission Delegated Regulation (EU) No 157/2014 of 30 October 2013 on the conditions for making a declaration of performance on construction products available on a website; OJ L 52, 21.2.2014, p. 1.

Or. en

Amendment 107

Proposal for a regulation

~~Annex I – Part~~Article A17 – ~~point~~paragraph 2 – ~~paragraph~~subparagraph 21 – point fd

Text proposed by the Commission

Amendment

~~(f) eutrophication terrestrial;~~

(d) the unique identification code of the product-type, the permalink to the manufacturer’s products registration(s) in Union databases and the precise location therein where the product can be found;

~~(f) eutrophication potential, Accumulated Exceedance (mandatory);~~

(d) the unique identification code of the product-type, the permalink or the QR-code to the manufacturer’s products registration(s) in Union databases and the precise location therein where the product can be found;

Or. en

Amendment 108

Proposal for a regulation

~~Annex I – Part~~Article A17 – ~~point~~paragraph 2 – ~~paragraph~~subparagraph 21 – point ge

Text proposed by the Commission

Amendment

~~(g) photochemical ozone;~~

(e) the permalink to the manufacturer’s own product presentation website, if any there is any;

~~(g) formation potential of tropospheric ozone (mandatory);~~

(e) the permalink or the QR-code to the manufacturer’s own product presentation website, if any there is any;

Or. en

Amendment 109

Proposal for a regulation

~~Annex I – Part~~Article A17 – ~~point~~paragraph 2 – ~~paragraph~~subparagraph 21 – point hg

Text proposed by the Commission

Amendment

~~(h) abiotic depletion – minerals, metals;~~

(g) the identification number of the notified body, if applicable.

~~(h) abiotic depletion potential for non-fossil resources~~

deleted

Or. en

Amendment 110

Proposal for a regulation

~~Annex I – Part A – point~~Article 217 – paragraph 2 – ~~point~~subparagraph i2

Text proposed by the Commission

Amendment

~~(i) abiotic depletion – fossil fuels;~~

The items listed in points d) to f) may be replaced by a permalink to the combined declaration of performance and of conformity (electronic CE marking).

~~(i) abiotic depletion for fossil resources potential (mandatory);~~

The items listed in points d) to f) may be replaced by a permalink or a QR-code to the combined declaration of performance and of conformity (electronic CE marking).

Or. en

Amendment 111

Proposal for a regulation

~~Annex I – Part A – point 2 – paragraph 2 – point j~~

Article 17 – paragraph 3

Text proposed by the Commission

Amendment

~~(j) water use;~~

3. The CE marking shall be affixed before the product is placed on the market or directly installed into a construction work. It may be subsequently followed by a pictogram or any other mark indicating a special risk or use.

~~(j) water (user) deprivation potential, deprivation-weighted water consumption (mandatory);~~

3. The CE marking shall be affixed before the product is placed on the market. It may be subsequently followed by a pictogram or any other mark indicating a special risk or use.

Or. en

Amendment 112

Proposal for a regulation

~~Annex I – Part A – point~~Article 218 – paragraph 32

Text proposed by the Commission

Amendment

Harmonised technical specifications shall indicate that for the essential characteristic of climate change effects under point (a) it is mandatory for the manufacturer to declare the performance of the product as set out in Articles 11(2) and 22(1).

No other marking than marking set out by Union legislation may be affixed on a product in a distance smaller than the double length of the CE marking measured from any point of the CE and the other marking set out by Union law.

Harmonised technical specifications shall indicate that for the essential characteristics in the first subparagraph under points (a) to (j) it is mandatory for the manufacturer to declare the performance of the product as set out in Articles 11(2) and 22(1). By… [5 years after the entry into force of this Regulation], it shall be mandatory for the manufacturer to declare the essential characteristics under points (k) to (p).

Markings other than markings set out by Union legislation may be affixed on a product on the condition that they do not impair the visibility, legibility and meaning of the CE marking and the other markings set out by Union law.

Or. en

Amendment 113

Proposal for a regulation

~~Annex I – Part C – point~~Article 219 – paragraph 2

Text proposed by the Commission

Amendment

Environment relates to the extraction and manufacturing of the materials, the manufacturing of the product, its maintenance, its potential to remain as long as possible within a circular economy and its end of life phase.

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, an economic operator shall take differentiated measures, subject to where the products are intended to be made available on the market or directly installed. Where this is not possible or where a more severe measure imposed by one Member State encompasses the less severe measure imposed by another, the more severe measure shall be taken. Where these rules do not lead to a clear result, the Member States concerned and the Commission, and, on their request, other Member States shall try to find a common solution and, if need is, adopt an implementing act in accordance with Article 33.

Environment relates to the extraction and manufacturing of the materials, the manufacturing of the product, the transport of materials and products, its maintenance, its potential to remain as long as possible within a circular economy and its end of life phase.

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, an economic operator shall take differentiated measures, subject to where the products are intended to be made available on the market. Where this is not possible or where a more severe measure imposed by one Member State encompasses the less severe measure imposed by another, the more severe measure shall be taken. Where these rules do not lead to a clear result, the Member States concerned and the Commission, and, on their request, other Member States shall try to find a common solution and, if need is, adopt an implementing act in accordance with Article 33.

Or. en

Amendment 114

Proposal for a regulation

~~Annex~~Article I19 – ~~Part~~paragraph C3 – ~~point~~subparagraph 21 – point ~~2.1 – introductory part~~c

Text proposed by the Commission

Amendment

~~2.1. Products shall be designed, manufactured, and packaged in such a way that the following inherent product environmental aspects are addressed in accordance with the state of the art:~~

(c) who is involved in financial and other collateral services linked to the making available or direct installation of products.

~~2.1. Products shall be designed, manufactured, and packaged in such a way that the following inherent product environmental aspects are addressed wherever possible without safety loss:~~

Or. en

Amendment 115

Proposal for a regulation

~~Annex I – Part C – point 2 – point 2.1 – point a~~

Article 21 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

~~(a) maximising durability in terms of the expected average life span, the expected minimum life span under worst but still realistic conditions, and in terms of the minimum life span requirements;~~

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 Regulation or with Commission acts adopted under this Regulation.

(a) maximising durability and reliability of the product or its components as expressed through a product’s guaranteed lifetime, technical lifetime indication of real use information on the product, resistance to stress or ageing mechanisms in order to extend the lifetime of buildings and their use phase and in terms of the expected average life span, the expected minimum life span under worst but still realistic conditions, and in terms of the minimum life span requirements. Emissions from life-cycle extensions should be assessed and compared with demolition and reconstruction emissions through pre-demolition audits;

That technical documentation shall contain the mandatory or facultative calculation of environmental sustainability assessed in accordance with harmonised technical specifications adopted under this Regulation or with Commission acts adopted under this Regulation.

Or. en

Amendment 116

Proposal for a regulation

~~Annex I – Part C – point 2 – point 2.1 – point c~~

Article 21 – paragraph 5 – subparagraph 2

Text proposed by the Commission

Amendment

~~(c) maximising recycled content wherever possible without safety loss or outweighing negative environmental impact;~~

The manufacturer shall in the same way as set out in the first subparagraph label a product as “Only for professional use” if it is not intended for consumers or other non-professional users. Products not labelled “Only for professional use” shall be deemed to be also intended for non-professional users and consumers in the meaning of this Regulation and the Regulation (EU) … [Regulation on General Product Safety].

~~(c) maximising reused, recycled renewable, and by-product content;~~

deleted

Or. en

Amendment 117

Proposal for a regulation

~~Annex I – Part C – point 2 – point 2.1 – point d~~

Article 21 – paragraph 6 – subparagraph 1

Text proposed by the Commission

Amendment

~~(d) selection of safe, environmentally benign substances;~~

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 in a language determined by the Member State concerned or, in absence of such determination, in a language which can be easily understood by users.

~~(d) selection of safe, sustainable-by-design, and environmentally benign substances;~~

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 in a language or languages determined by the Member State concerned or, in absence of such determination, in a language which can be easily understood by users.

Or. en

Amendment 118

Proposal for a regulation

~~Annex I – Part C – point 2 – point 2.1 – point f~~

Article 21 – paragraph 6 – subparagraph 2

Text proposed by the Commission

Amendment

~~(f) resource efficiency;~~

The Commission may, by means of implementing acts determine the format and the way of transmission of information to be provided by the manufacturer in accordance with the first subparagraph.

~~(f) materials and resource efficiency, including maximizing the use of renewable materials;~~

The Commission shall, by means of implementing acts determine the electronic format and the way of transmission of information to be provided by the manufacturer in accordance with the first subparagraph.

Or. en

Amendment 119

Proposal for a regulation

~~Annex I – Part C – point 2 – point 2.1 – point f a (new)~~

Article 22 – paragraph 1

Text proposed by the Commission

Amendment

~~(fa) modularity;~~

1. For the product characteristics listed 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. However, this shall not apply in case of used, remanufactured or surplus products, unless the economic operator, subject to the obligations of this Article by virtue of Article 26, opts for the application of this Regulation as for new products.

Or. en

Amendment 120

Proposal for a regulation

~~Annex~~Article I22 – ~~Part~~paragraph C2 – ~~point~~subparagraph 21 – point ~~2.1~~a – ~~point~~introductory ipart

Text proposed by the Commission

Amendment

~~(i) reparability during the expected life span;~~

(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, unless a lower level:

~~(i) ease of reparability during the expected life span;~~

(a) design and manufacture products and their packaging in such a way that their overall environmental and sustainability performance, including CO2 emissions reduction, reaches the state of the art level, unless a lower level:

Or. en

Amendment 121

Proposal for a regulation

~~Annex~~Article I22 – ~~Part~~paragraph C2 – ~~point~~subparagraph 21 – point ~~2.1~~a – point ji

Text proposed by the Commission

Amendment

~~(j) possibility of maintenance and refurbishment during the expected life span;~~

(i) is proportionate when compared to the environmental sustainability improvement triggered by them at the level of the construction works; and

~~(j) ease of maintenance and refurbishment during the expected life span;~~

(i) is proportionate when compared to the environmental sustainability improvement triggered by them at the level of the construction works; or

Or. en

Amendment 122

Proposal for a regulation

~~Annex~~Article I22 – ~~Part~~paragraph C2 – ~~point~~subparagraph 21 – point ~~2.1~~a – point ~~l a (new)~~ii

Text proposed by the Commission

Amendment

~~(la) sustainable sourcing, as demonstrated by due diligence statements and sustainable sourcing certification, where relevant;~~

(ii) is either necessary to improve the environmental sustainability at the level of the construction works.

(ii) is necessary to improve the environmental sustainability at the level of the construction works.

Or. en

Amendment 123

Proposal for a regulation

~~Annex I – Part~~Article C22 – ~~point~~paragraph 2 – ~~point~~subparagraph ~~2.1~~1 – point ~~l b (new)~~c

Text proposed by the Commission

Amendment

~~(lb) minimising product-to-packaging ratio;~~

(c) respect the minimum recycled content obligations and other limit values regarding aspects of environmental, including climate sustainability contained in harmonised technical specifications;

(c) respect the minimum recycled content obligations and other limit values regarding aspects of environmental sustainability contained in harmonised technical specifications;

Or. en

Amendment 124

Proposal for a regulation

~~Annex I – Part~~Article C22 – ~~point~~paragraph 2 – ~~point~~subparagraph ~~2.1~~1 – point ~~l c (new)~~g

Text proposed by the Commission

Amendment

~~(lc) release of odours or substances with adverse effects on human health into indoor air;~~

Or. en

Amendment 125

Proposal for a regulation

~~Annex I – Part C – point 2 – point 2.1 – point l d (new)~~

Article 22 – paragraph 2 – subparagraph 1 – point j

Text proposed by the Commission

Amendment

~~(ld) microplastic release;~~

(j) accept to regain, 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.

(j) accept to regain free of charge, directly or via their importers and distributors, ownership of surplus and unsold products that are, excluding its original transport packaging, in a state equivalent to the one in which they were placed on the market, unless more than two years have passed since the product was delivered onto a construction site or to the user.

Or. en

Amendment 126

Proposal for a regulation

~~Annex I – Part C – point 2 – point 2.1 – point l e (new)~~

Article 22 – paragraph 5

Text proposed by the Commission

Amendment

~~(le) amounts of waste generated, notably hazardous waste and waste without an identified recycling treatment;~~

deleted

Or. en

Amendment 127

Proposal for a regulation

~~Annex I – Part C – point 2 – point 2.1 – point l f (new)~~

Article 22 – paragraph 6

Text proposed by the Commission

Amendment

~~(lf) Absence of waste that could be otherwise reused or recycled treated to final disposal, including incineration with recovery of energy, or backfilled.~~

6. The manufacturer shall affix the traffic light label in the way set out in the delegated acts adopted in accordance with paragraph 5.

deleted

Or. en

Amendment 128

Proposal for a regulation

~~Annex I – Part C – point 2 – point~~Article ~~2.2~~24 – paragraph 12

Text proposed by the Commission

Amendment

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

2. The importer shall verify that the intended use of the product has been precisely and correctly determined by the manufacturer and shall ensure that the product is accompanied by a clear indication of the information set out in harmonised technical specifications and in Annex I Part D in a language determined by the Member State concerned which can be easily understood by users. The importer shall, in a visible manner, display to customers before they are 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.

Delegated acts adopted in accordance with Article 5(2) shall, as appropriate, specify these inherent product environmental requirements for product families or categories, which might relate to but are in essence independent from the phase of the installation of the product into construction works.

2. The importer shall verify that the intended use of the product has been precisely and correctly determined by the manufacturer and shall ensure that the product is accompanied by a clear indication of the information set out in harmonised technical specifications and in Annex I Part D in a language or languages determined by the Member State concerned which can be easily understood by users. The importer shall, in a visible manner, display to customers before they are 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.

Or. en

Amendment 129

Proposal for a regulation

~~Annex I – Part C – point 2 – point 2.2 – paragraph 2 – introductory part~~

Article 24 – paragraph 5

Text proposed by the Commission

Amendment

~~When specifying the inherent product environmental requirements, harmonised technical specifications shall at least cover the following elements:~~

~~When specifying the inherent product environmental requirements, delegated acts shall at least cover the following elements:~~

5. Where an importer considers or has reason to believe that the product is not in conformity with the declaration of performance or not in compliance with other applicable requirements in this Regulation, the importer shall not place the product on the market until it conforms to the accompanying declaration of performance and it complies with the other applicable requirements in this Regulation or until the declaration of performance is corrected. In case the product is already placed on the market but the product is not in conformity with requirements of this Regulation or acts adopted in accordance with this Regulation, the importer shall immediately take the necessary corrective measures to bring that product into conformity, or, if appropriate, to withdraw or recall it. Furthermore, where the product presents a risk, the importer shall inform the manufacturer and the geographically responsible national competent authority thereof.

Or. en

Amendment 130

Proposal for a regulation

~~Annex I – Part C – point 2 – point 2.2 – paragraph 2 – point a~~

Article 25 – paragraph 3

Text proposed by the Commission

Amendment

~~(a) if possible, define the state of the art of addressing the environmental aspects with regard to the respective product category, including the minimum recycled content;~~

3. The distributor shall ensure that no products are sold to consumers or other non-professional users which are labelled “for professional use only”. These products shall, in their premises, online and on paper publicity material, be presented as products for professional use only.

(a) define environmental aspects with regard to the respective product category, which shall at least include whole life cycle greenhouse gas emissions, resource efficiency, including the minimum recycled content, and reusability;

deleted

Or. en

Amendment 131

Proposal for a regulation

~~Annex I – Part C – point 2 – point 2.2 – paragraph 2 – point c~~

Article 27 – paragraph 1

Text proposed by the Commission

Amendment

~~(c) where avoidance is not possible, negative effects and risks shall be reduced, mitigated and addressed by warnings on the product, its packaging and in instructions for use.~~

1. When contributing to the making available on the market or direct installation of a product, fulfilment service provider or broker shall act with due care in relation to the obligations of this Regulation. It shall be liable for infringement of this Article and of Article 19 in accordance with national law on contractual and extra-contractual liability.

(c) where avoidance is not possible, negative effects and risks derived from any type of the product’s performance shall be reduced, mitigated and addressed by warnings on the product, its packaging and in instructions for use.

1. When contributing to the making available on the market of a product, fulfilment service provider or broker shall act with due care in relation to the obligations of this Regulation. It shall be liable for infringement of this Article and of Article 19 in accordance with national law on contractual and extra-contractual liability.

Or. en

Amendment 132

Proposal for a regulation

~~Annex I – Part~~Article C28 – ~~point~~paragraph 21 – point ~~2.2 – paragraph 3~~a

Text proposed by the Commission

Amendment

~~When specifying the inherent product environmental requirements, harmonised technical specifications may differentiate these in accordance with performance classes.~~

(a) refrain from placing on the market or directly installing products for clients without satisfying the obligations incumbent on manufacturers;

Delegated acts adopted in accordance with Article 5(2) shall, where applicable, determine mandatory threshold levels and classes of performance for particular product families and categories in relation to the inherent product environmental requirements referred to in paragraph 2.

(a) comply with the obligations incumbent on manufacturers when placing their products on the market;

~~PROCEDURE – COMMITTEE ASKED FOR OPINION~~

Or. en

~~Title~~

Amendment 133

~~Laying down harmonised conditions for the marketing of construction products, amending Regulation (EU) 2019/1020 and repealing Regulation (EU) 305/2011~~

Proposal for a regulation

~~References~~

Article 28 – paragraph 2

~~COM(2022)0144 – C9-0129/2022 – 2022/0094(COD)~~

Text proposed by the Commission

~~Committee responsible~~

Amendment

~~Date announced in plenary~~

2. Providers of moulds and of 3D-datasets intended to produce items covered by this Regulation shall produce 10 such items and shall make them available to the notified body, technical assessment body and to authorities on request. Providers of moulds and of 3D-datasets intended to produce items covered by this Regulation shall assess and document the fulfilment of requirements of this Regulation with regard to the produced items.

~~IMCO~~

2. Providers of moulds and of 3D-datasets intended to produce items covered by this Regulation shall produce up to 10 specimen, representative of the production envisaged, and shall make them available to the notified body, technical assessment body and to authorities on request. Providers of moulds and of 3D-datasets intended to produce items covered by this Regulation shall assess and document the fulfilment of requirements of this Regulation with regard to the produced items.

~~18.5.2022~~

Or. en

~~Opinion by~~

Amendment 134

~~Date announced in plenary~~

Proposal for a regulation

~~ENVI~~

Article 28 – paragraph 3

~~18.5.2022~~

Text proposed by the Commission

~~Associated committees - date announced in plenary~~

Amendment

~~15.9.2022~~

3. Providers of materials intended to be used for the 3D-printing of items covered by this Regulation on or close to the construction site shall produce 10 such items for each intended use and shall make them available to the notified body, technical assessment body and to authorities on request. Providers of materials intended to be used for the 3D-printing of items covered by this Regulation on or close to the construction site shall assess and document the fulfilment of requirements of this Regulation with regard to the produced items.

~~Rapporteur for the opinion~~

3. Providers of materials intended to be used for the 3D-printing of items covered by this Regulation on or close to the construction site shall produce up to 10 specimen, representative of the production envisaged, for each intended use and shall make them available to the notified body, technical assessment body and to authorities on request. Providers of materials intended to be used for the 3D-printing of items covered by this Regulation on or close to the construction site shall assess and document the fulfilment of requirements of this Regulation with regard to the produced items.

~~Date appointed~~

Or. en

~~Sara Matthieu~~

Amendment 135

~~5.9.2022~~

Proposal for a regulation

~~Discussed in committee~~

Article 29

~~24.10.2022~~

Text proposed by the Commission

~~Date adopted~~

Amendment

~~9.2.2023~~

Article 29

~~Result of final vote~~

deleted

Obligations of economic operators de-installing or dealing with used products for re-use or remanufacturing

–:

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

2. Where an economic operator brokers, sells or otherwise makes available de-installed used products on its own behalf or for somebody else, it shall also fulfil the obligations of importers or distributors with regard to used products.

Or. en

Amendment 136

Proposal for a regulation

~~Members present for the final vote~~

Article 30 – paragraph 1 – introductory part

Mathilde Androuët, Traian Băsescu, Aurélia Beigneux, Hildegard Bentele, Alexander Bernhuber, Michael Bloss, Delara Burkhardt, Pascal Canfin, Mohammed Chahim, Tudor Ciuhodaru, Nathalie Colin-Oesterlé, Bas Eickhout, Cyrus Engerer, Agnès Evren, Heléne Fritzon, Malte Gallée, Andreas Glück, Catherine Griset, Teuvo Hakkarainen, Anja Hazekamp, Martin Hojsík, Pär Holmgren, Jan Huitema, Petros Kokkalis, Ewa Kopacz, Joanna Kopcińska, Peter Liese, César Luena, Marian-Jean Marinescu, Liudas Mažylis, Tilly Metz, Silvia Modig, Dolors Montserrat, Alessandra Moretti, Ljudmila Novak, Jutta Paulus, Stanislav Polčák, Erik Poulsen, Frédérique Ries, María Soraya Rodríguez Ramos, Sándor Rónai, Christine Schneider, Ivan Vilibor Sinčić, Maria Spyraki, Véronique Trillet-Lenoir, Achille Variati, Petar Vitanov, Alexandr Vondra, Pernille Weiss, Emma Wiesner, Michal Wiezik, Tiemo Wölken, Anna Zalewska

Text proposed by the Commission

~~Substitutes present for the final vote~~

Amendment

João Albuquerque, Eric Andrieu, Nicolás González Casares, Robert Hajšel, Billy Kelleher, Ska Keller, Sara Matthieu, Manuela Ripa, Robert Roos, Massimiliano Salini, Christel Schaldemose, Sarah Wiener, Jadwiga Wiśniewska

1. A supplier or service provider involved in the manufacturing of products shall:

~~Substitutes under Rule 209(7) present for the final vote~~

1. Upon request, a supplier or service provider involved in the manufacturing of products shall:

~~Karolin Braunsberger-Reinhold, Clare Daly, Ilan De Basso, Jarosław Duda, Niclas Herbst, Beata Kempa, Karsten Lucke, Johan Nissinen, Andreas Schwab, Jörgen Warborn~~

Or. en

~~FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION~~

Amendment 137

~~Key to symbols:~~

Proposal for a regulation

Article 30 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) ensure the correctness of such information namely by respecting this Regulation and correct any errors made by communication to all their clients and, if potentially useful, to notified bodies and authorities;

deleted

Or. en

Amendment 138

Proposal for a regulation

Article 30 – paragraph 2

Text proposed by the Commission

Amendment

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 serious risk as defined in Article 3, point (71) or a risk falling under the last sentence of Article 21(9), the supplier or service provider shall also inform the national competent authorities of the Member States where products with that component or manufacturing service have been made available on the market or directly installed; where it cannot identify these Member States, it shall inform all national competent authorities.

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 serious risk as defined in Article 3, point (71) or a risk falling under the last sentence of Article 21(9), the supplier or service provider shall also inform the national competent authorities of the Member States where products with that component or manufacturing service have been made available on the market; where it cannot identify these Member States, it shall inform all national competent authorities.

Or. en

Amendment 139

Proposal for a regulation

Article 34 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. The Commission shall, by means of implementing acts, establish criteria on how the standards drawn up by the European standardisation organisation should be structured in terms of content. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).

Or. en

Amendment 140

Proposal for a regulation

Article 34 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

1b. Upon request by a European standardisation organisation, the Commission may provide administrative support in setting up an internal legal division within the European standardisation organisation tasked with the legal proofreading of standards and ensuring the coherence and legal flawlessness of standards.

Or. en

Amendment 141

Proposal for a regulation

Article 34 – paragraph 4

Text proposed by the Commission

Amendment

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 within one year after the draft for a standard has been transmitted to the Commission. In order for the Commission to fulfil that obligation in the given timeframe, the European standardisation organisations shall inform the Commission on the progress and content of the standardisation deliverable in accordance with Article 10(5) of Regulation (EU) 1025/2012.

Or. en

Amendment 142

Proposal for a regulation

Article 34 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. In accordance with Article 5 of Regulation (EU) 1025/2012, the Commission shall, where possible, participate in the informal and formal inquiries of European standardisation organisations developing the requested European standardisation deliverables, in particular on matters concerning the conformity of the standardisation deliverables with this Regulation and with other Union law. Where the Commission perceives a standard to be unsatisfactory and consequently decides not publish a reference of such standard in the Official Journal of the European Union, it shall present its reasons in writing laying out which corrections are necessary to the European standardisation organisation within a year after the draft for a standard has been transmitted. The Commission shall, within 90 days following a positive assessment by the Commission, publish or publish with restrictions in the Official Journal of the European Union the list of references of accepted voluntary conforming construction products standards that have been made available at an affordable price.

Or. en

Amendment 143

Proposal for a regulation

Article 66

Text proposed by the Commission

Amendment

Article 66

deleted

Custom-made non-series products

1. In relation to products covered by a harmonised technical specification and which are individually manufactured or custom-made in a non-series process in response to a specific order, and which are installed in a single identified construction work by manufacturers who are also responsible for the safe incorporation of those products into construction works, the performance assessment part of the applicable system, as set out in Annex V, may be replaced by the manufacturer by Specific Technical Documentation demonstrating compliance of that product with the applicable requirements and providing data equivalent to those required by this Regulation and the applicable harmonised technical specifications. Equivalence is given where all the data needed and requirements applicable to the particular construction work and its future dismantling, including reuse, remanufacturing and recycling of its installed products, are provided or fulfilled on the basis of state-of-the-art methods.

2. A notified body or TAB shall, in addition to the tasks set out in Annex V, assess and certify the correct fulfilment of the obligations referred to in paragraph 1.

Or. en

Amendment 144

Proposal for a regulation

Article 78 – title

Text proposed by the Commission

Amendment

EU construction products database or system

EU construction products database

Or. en

Amendment 145

Proposal for a regulation

Article 78 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission shall establish and maintain a decentralised Union construction products database (database) consisting of a harmonised interface for the Registry developed and maintained by the Commission. The database shall consist of a publicly accessible part, a compliance part and an online portal giving access to those two parts. The database shall not replace or modify the responsibilities of the market surveillance authorities. In order to protect trade secrets, the Commission shall only provide links to the documentation and information, whereas the documentation and information remain stored on the servers of the relevant economic operators.

Or. en

Amendment 146

Proposal for a regulation

Article 78 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. 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;

Or. en

Amendment 147

Proposal for a regulation

Article 78 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

1b. The publicly accessible part of the database shall contain for all construction products covered by this Regulation at least:

(a) the product information satisfying the product information requirements set out in Annex I, Part D; and

(b) construction product declarations of performance and conformity.

Or. en

Amendment 148

Proposal for a regulation

Article 78 – paragraph 1 c (new)

Text proposed by the Commission

Amendment

1c. The compliance part of the database shall be accessible only to market surveillance authorities and to the Commission and shall contain all documentation and information requested from economic operators pursuant to Chapter III that is not contained in the publicly accessible part of the database.

Or. en

Amendment 149

Proposal for a regulation

Article 78 – paragraph 1 d (new)

Text proposed by the Commission

Amendment

1d. The database shall be established in accordance with all the following criteria:

(a) minimising the administrative burden for the economic operators providing information and documentation and other database users;

(b) user-friendliness and cost-effectiveness;

Or. en

Amendment 150

Proposal for a regulation

Article 78 – paragraph 1 e (new)

Text proposed by the Commission

Amendment

1e. The compliance part of the database shall be established in accordance with all of the following criteria:

(a) ensuring business confidentiality and other competitive concerns;

(b) protection from unintended use and the safeguarding of confidential information by way of strict security arrangements;

(d) access rights based on the need-to-know principle;

(e) processing of personal data in accordance with Regulation (EU) 2018/1725 and Regulation (EU) 2016/679, as applicable;

(f) limitation of data access in scope to prevent copying larger data sets;

(g) traceability of data access for the supplier with regard to its technical documentation.

Or. en

Amendment 151

Proposal for a regulation

Article 78 – paragraph 2

Text proposed by the Commission

Amendment

2. Economic operators may access all information stored in that database or system which regards them specifically. They may request that incorrect information is corrected.

2. Economic operators may access all information stored in that database which regards them specifically. They may request that incorrect information is corrected. A record of changes shall be kept for market surveillance purposes, keeping track of the dates of any editing.

Or. en

Amendment 152

Proposal for a regulation

Article 78 – paragraph 3 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a) ensure confidentiality,

(a) ensure confidentiality and other competitive concerns;

Or. en

Amendment 153

Proposal for a regulation

Article 83 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

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), those incentives shall aim at the highest two populated classes, or at higher classes.

Or. en

Amendment 154

Proposal for a regulation

Article 83 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

Where a delegated act defines classes of performance in relation to more than one sustainability parameter, it shall be indicated therein in relation to which parameter this Article should be implemented.

Where classes of performance are defined in relation to more than one sustainability parameter, it shall be indicated therein in relation to which parameter this Article should be implemented.

Or. en

Amendment 155

Proposal for a regulation

Article 83 – paragraph 2

Text proposed by the Commission

Amendment

2. Where no delegated act is adopted pursuant to Article 4(4), the Commission may specify in the delegated acts adopted pursuant to Article 4(3), which levels of performance related to product parameters the Member States incentives shall concern.

deleted

When doing so, the Commission shall take into account the following criteria:

(a) the relative affordability of the products depending on their level of performance;

(b) the need to ensure sufficient demand for more environmentally sustainable products.

Or. en

Amendment 156

Proposal for a regulation

Article 84 – paragraph 1

Text proposed by the Commission

Amendment

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.

1. The Commission is empowered to adopt delegated acts in accordance with Article 87 supplementing this Regulation by establishing sustainability requirements applicable on a voluntary basis to public contracts, including implementation, monitoring and reporting of those requirements by Member States.

Or. en

Amendment 157

Proposal for a regulation

Article 84 – paragraph 2

Text proposed by the Commission

Amendment

Or. en

Amendment 158

Proposal for a regulation

Article 85 – paragraph 1

Text proposed by the Commission

Amendment

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

The Commission is empowered to adopt delegated acts in accordance with Article 87 supplementing this Regulation by determining whether or not a specific item, or category of items, falls within the definition of ‘construction product’ or constitute an item referred to in Article 2(1). The Commission shall adopt such delegated acts upon a duly substantiated request of a Member State or on its own initiative.

Or. en

Amendment 159

Proposal for a regulation

Article 88 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission shall be assisted by the Committee on Construction Products. This committee shall be a committee within the meaning of Regulation (EU) No 182/2011. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply (advisory procedure).

1. The Commission shall take the utmost account of the conclusions drawn from the discussions within the Committee on Construction Products. This committee shall be a committee within the meaning of Regulation (EU) No 182/2011. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

Or. en

Amendment 160

Proposal for a regulation

Article 89 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

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. en

Amendment 161

Proposal for a regulation

Article 89 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

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”. Moreover, consumers may request any other information to be provided on paper.

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, including information to be provided in accordance with Annex I Part D and harmonised technical specifications specifying it.

Or. en

Amendment 162

Proposal for a regulation

Article 91 – paragraph 1

Text proposed by the Commission

Amendment

No sooner than 4 years after the date of application of this Regulation, the Commission shall carry out an evaluation of this Regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of products and construction works and built environment. The Commission shall present a report on the main findings to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. Member States shall provide the Commission with the information necessary for the preparation of that report.

Or. en

Amendment 163

Proposal for a regulation

Annex I – Part A – point 2 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) climate change effects (mandatory);

(a) climate change effects;

Or. en

Amendment 164

Proposal for a regulation

Annex I – Part A – point 2 – paragraph 2

Text proposed by the Commission

Amendment

Harmonised technical specifications shall indicate that for the essential characteristic of climate change effects under point (a), where possible, the manufacturer shall declare the performance of the product as set out in Articles 11(2) and 22(1).

Or. en

Amendment 165

Proposal for a regulation

Annex II – point 11 – point c

Text proposed by the Commission

Amendment

(c) the environmental sustainability data calculated in accordance with Article 22(1), in particular where they fit under the essential characteristics listed in Annex I Part A, point 2, in case the respective rules covering the product category have become applicable at the time of placing on the market or direct installation.

Or. en

Amendment 166

Proposal for a regulation

Annex V – point 7 – point e – paragraph 2

Text proposed by the Commission

Amendment

In case an IT tool provided by the Commission is used, the verification focuses on the correct use of the tool. Where secondary data is used, the notified body shall check whether the correct data sets, prescribed by applicable product-specific calculation rules contained in the applicable harmonised technical specification or methodology provided by the Commission, are used. Where company-specific data is used, the reliability of that data needs to be verified. To that end, the notified body shall undertake an audit of the manufacturing plant to which they refer and shall examine all data relating to suppliers and service providers. Notified bodies may extend their audit to suppliers and service providers who are obliged to cooperate in accordance with Article 30.

In case an IT tool provided by the Commission is used, the verification focuses on the correct use of the tool. Where secondary data is used, the notified body shall check whether the correct data sets, prescribed by applicable product-specific calculation rules contained in the applicable harmonised technical specification or methodology provided by the Commission, are used. Where company-specific data is used, the reliability of that data needs to be verified. To that end, the notified body shall undertake an audit of the manufacturing plant to which they refer and shall examine all data relating to suppliers and service providers. Notified bodies may extend their audit to suppliers and service providers who may be requested to cooperate in accordance with Article 30.

Or. en