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REPORT (COM(2022)0144 – C90129/2022 – 2022/0094(COD))

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

A-9-2023-0207

Committee on the Internal Market and Consumer Protection · Rapporteur: Christian Doleschal

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Parliament's amended version of the Commission proposal for a regulation on harmonised conditions for marketing construction products, amending Regulation (EU) 2019/1020 and repealing Regulation (EU) 305/2011. It sets harmonised rules on expressing environmental and safety performance, product requirements, obligations for economic operators, and a construction digital product passport. It keeps Member States competent for construction works safety and allows them to set additional requirements on health, safety or environmental grounds. It empowers the Commission to adopt delegated acts on product requirements, assessment systems, sustainability obligations and green public procurement. It strengthens market surveillance, notified bodies and penalties, and sets a working plan for standardisation priorities.

Committee position. The committee proposes to amend the Commission proposal to reduce complexity, limit the Commission's power to bypass standardisation via delegated acts, keep Member States competent for construction works safety, make green public procurement requirements voluntary, and shorten the transition period.

Key points

  1. The regulation applies to construction products placed or made available on the market, including 3D-printed products, and to obligations of economic operators.
  2. It establishes harmonised rules on expressing environmental, life cycle and safety performance and on environmental, functional and safety product requirements.
  3. Member States remain competent for construction works; they may set additional requirements on imperative grounds of health, safety or environmental protection.
  4. The Commission is empowered to adopt delegated acts specifying product requirements, assessment and verification systems, and sustainability obligations for product families or categories.
  5. Manufacturers must draw up declarations of performance and conformity, affix CE marking, and provide information in a machine-readable format.
  6. Manufacturers must meet sustainability obligations, including design for durability, repair, re-use, remanufacturing and recycling, and take back surplus products.
  7. A construction digital product passport and registry are to be set up, accessible via data carriers such as QR codes.
  8. Market surveillance authorities may recover costs of inspections and testing from economic operators with non-compliant products.
  9. The Commission must establish a working plan for transition and standardisation priorities, supported by an expert group.
  10. Green public procurement requirements are to be set by delegated acts, with the first act adopted by 31 December 2026.
  11. Penalties for non-compliance must be effective, proportionate and dissuasive; the Commission may no longer set minimum penalties.
  12. The regulation is to be evaluated no sooner than 5 years after its date of application.

Who is affected

  • Manufacturers, importers, distributors and other economic operators of construction products, who must meet new obligations.
  • Micro-enterprises, which Member States may exempt from drawing up a declaration of performance in specific situations.
  • Notified bodies and technical assessment bodies, subject to stricter requirements on independence, staffing and coordination.
  • Member States, responsible for market surveillance, penalties and product contact points.
  • Public authorities, which are encouraged to align procurement with green criteria set by delegated acts.

Figures and deadlines

  • Public procurement amounts to 14% of the Union's GDP.
  • The first delegated act on green public procurement shall be adopted by 31 December 2026.
  • The regulation shall be evaluated no sooner than 5 years after its date of application.
  • Manufacturers must keep documentation for 10 years after last dealing with the product.
  • Manufacturers must provide spare parts for 10 years after the last product of the type is placed on the market.
  • Manufacturers must take back surplus products unless more than 5 years have passed since placing on the market.
  • By 10 years after adoption of performance classes, all products placed on the market must fall within the two highest environmental performance classes.
  • Product contact points must respond within 15 working days.

Legal basis: Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union.