Sittings · Document
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
Committee on the Environment, Public Health and Food Safety · Rapporteur: Sara Matthieu
PA_Legam
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 Health and Food Safety 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 7
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.
(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.
Amendment 2
Proposal for a regulation
Recital 13
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.
(13) The compliance of construction products with Union legislation often depends on the compliance of their key parts with that legislation. However, because key parts are often integrated into various construction products, the protection of safety and of the environment, including climate and biodiversity, is better achieved when those key parts are assessed upstream, that is when the performance and conformity of key parts will be assessed beforehand and independently from the assessment of the final construction product into which they are integrated. Similarly, market surveillance becomes more efficient when non-compliant key parts can be identified and targeted. Hence, it is necessary to lay down rules applicable to key parts of construction products.
Amendment 3
Proposal for a regulation
Recital 18
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.
(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].
Amendment 4
Proposal for a regulation
Recital 18 a (new)
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.
Amendment 5
Proposal for a regulation
Recital 19
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.
(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.
Amendment 6
Proposal for a regulation
Recital 20
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.
(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.
Amendment 7
Proposal for a regulation
Recital 25
Text proposed by the Commission
Amendment
(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.
(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.
Amendment 8
Proposal for a regulation
Recital 26
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.
Amendment 9
Proposal for a regulation
Recital 28
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.
(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.
Amendment 10
Proposal for a regulation
Recital 42
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.
(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.
Amendment 11
Proposal for a regulation
Recital 43
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.
Amendment 12
Proposal for a regulation
Recital 44
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.
Amendment 13
Proposal for a regulation
Recital 44 a (new)
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.
Amendment 14
Proposal for a regulation
Recital 45
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.
(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.
Amendment 15
Proposal for a regulation
Recital 45 a (new)
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].
Amendment 16
Proposal for a regulation
Recital 47
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.
(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
Amendment 17
Proposal for a regulation
Recital 84
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.
(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 Digital Product Passport.
Amendment 18
Proposal for a regulation
Recital 90
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.
(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.
Amendment 19
Proposal for a regulation
Article 1 – paragraph 1 – 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;
(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;
Amendment 20
Proposal for a regulation
Article 1 – paragraph 1 – point b
Text proposed by the Commission
Amendment
(b) environmental, including climate, functional and safety product requirements for construction products.
(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.
Amendment 21
Proposal for a regulation
Article 1 a (new)
Text proposed by the Commission
Amendment
Article 1a
Objectives
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.
Amendment 22
Proposal for a regulation
Article 2 – paragraph 3 – point d
Text proposed by the Commission
Amendment
(d) sanitary appliances;
deleted
Justification
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
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;
(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 or recycling;
Amendment 24
Proposal for a regulation
Article 3 – paragraph 1 – point 64 a (new)
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];
Justification
The definition of substance of concern should mirror the definition in ESPR.
Amendment 25
Proposal for a regulation
Article 3 – paragraph 1 – point 71 a (new)
Text proposed by the Commission
Amendment
(71a) ‘by-product’ means a by-product as defined in Article 5 of Directive 2008/98/EC.
Justification
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.
Amendment 26
Proposal for a regulation
Article 3 – paragraph 1 – point 71 b (new)
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.
Amendment 27
Proposal for a regulation
Article 3 – paragraph 1 – point 71 c (new)
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;
Amendment 28
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
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].
Amendment 29
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
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.
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.
Amendment 30
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 3
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
Amendment 31
Proposal for a regulation
Article 4 – paragraph 3 – point a
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;
(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 and no later than three years after the standardisation request was issued;
Amendment 32
Proposal for a regulation
Article 4 – paragraph 3 – point a a (new)
Text proposed by the Commission
Amendment
(aa) the standardisation request has not been accepted by any of the European standardisation organisations;
Amendment 33
Proposal for a regulation
Article 4 – paragraph 3 – point a b (new)
Text proposed by the Commission
Amendment
(ab) the adopted standard does not sufficiently fulfil the criteria described in the standardisation request;
Amendment 34
Proposal for a regulation
Article 4 – paragraph 3 a (new)
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.
Amendment 35
Proposal for a regulation
Article 4 – paragraph 4 – point a
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;
(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;
Amendment 36
Proposal for a regulation
Article 4 – paragraph 4 a (new)
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.
Amendment 37
Proposal for a regulation
Article 4 – paragraph 4 b (new)
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.
Amendment 38
Proposal for a regulation
Article 5 – paragraph 2
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.
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.
Amendment 39
Proposal for a regulation
Article 5 – paragraph 2 a (new)
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:
(a) mandatory threshold levels and classes of performance in relation to a specific product parameter referred to in Annex I part B and C or a combination thereof;
(b) non-quantitative requirements that aim to improve 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.
Amendment 40
Proposal for a regulation
Article 5 – paragraph 3 a (new)
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.
Amendment 41
Proposal for a regulation
Article 5 a (new)
Text proposed by the Commission
Amendment
Article 5a
Prioritisation and planning
1. When prioritising products for requirements under this Regulation, the Commission shall take into account their potential contribution to achieving Union climate and environmental objectives. The Commission shall adopt by six months after entry into force of the Regulation and regularly update a working plan, covering a period of at least 3 years, setting out a list of product families or categories it intends to establish obligations in accordance with this Regulation. In the development of the working plan, the Commission shall consult the Member States, the European Parliament and stakeholders, including civil society. The working plan shall identify and prioritise environmental hotspots per product family or category.
2. The first working plan shall, at the minimum, include the following product families: - M128 Concrete, mortar and grout - M115 Reinforcing steel - M120 Structural metallic products - M103 thermal insulating products
3. By 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
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:
Amendment 43
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 – point c
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);
deleted
Justification
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
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.
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.
Amendment 45
Proposal for a regulation
Article 7 – paragraph 7 – point a
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;
deleted
Justification
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)
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.
Justification
To ensure the functioning of the internal market, the Commission should assess the benefits of harmonised European deposit systems for certain products.
Amendment 47
Proposal for a regulation
Article 7 – paragraph 8
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.
8. Member States may ban the destruction of surplus and unsold products or products taken back in accordance with Article 22(2), point (j) and Article 26 or make the destruction of these products dependent on their prior making available on a national brokering platform for non-commercial use of products.
Amendment 48
Proposal for a regulation
Article 7 – paragraph 8 a (new)
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.
Amendment 49
Proposal for a regulation
Article 11 – paragraph 4
Text proposed by the Commission
Amendment
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.
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) information on included substances identified in accordance with Article 59(1) of Regulation (EC) No 1907/2006;
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.).
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 18 – paragraph 1
Text proposed by the Commission
Amendment
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.
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.
Amendment 51
Proposal for a regulation
Article 22 – paragraph 1
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.
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.
Amendment 52
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – point a – introductory part
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:
(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:
Amendment 53
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – point a – point ii
Text proposed by the Commission
Amendment
(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.
Amendment 54
Proposal for a regulation
Article 22 – 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;
Amendment 55
Proposal for a regulation
Article 22 – 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) 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;
Amendment 56
Proposal for a regulation
Article 22 – 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) 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;
Amendment 57
Proposal for a regulation
Article 22 – 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) 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;
Amendment 58
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – point f
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;
(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;
Amendment 59
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – point g
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;
(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;
Amendment 60
Proposal for a regulation
Article 22 – paragraph 2 – 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;
(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;
Amendment 61
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – point i
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;
(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;
Amendment 62
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – point j
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.
(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;
Amendment 63
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – point j a (new)
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.
Amendment 64
Proposal for a regulation
Article 22 – paragraph 4
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.
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.
Amendment 65
Proposal for a regulation
Article 22 – paragraph 5
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).
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).
Amendment 66
Proposal for a regulation
Article 22 – paragraph 6
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.
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.
Amendment 67
Proposal for a regulation
Article 22 – paragraph 6 a (new)
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.
Amendment 68
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. 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.
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.
Justification
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
Text proposed by the Commission
Amendment
EU construction products database or system
EU Construction Products Digital Product Passport
Amendment 70
Proposal for a regulation
Article 78 – paragraph 1
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].
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].
Amendment 71
Proposal for a regulation
Article 78 – paragraph 1 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.
Amendment 72
Proposal for a regulation
Article 78 – paragraph 1 b (new)
Text proposed by the Commission
Amendment
1b. The product passport shall contain at least:
i) the information on material and chemical content;
ii) the information on safety and environmental performance, including climate and biodiversity sustainability, energy and resource efficiency performance as well as the impact on human health and indoor air quality;
iii) the instructions for repair, reuse, recycling and upgrading.
Amendment 73
Proposal for a regulation
Article 78 – 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:
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:
Amendment 74
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) 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.
Amendment 75
Proposal for a regulation
Article 83 – 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.
Amendment 76
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. 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.
Amendment 77
Proposal for a regulation
Article 84 – paragraph 2
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.
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.
Amendment 78
Proposal for a regulation
Article 84 – paragraph 3 – point a a (new)
Text proposed by the Commission
Amendment
(a a) the environmental benefits entailed by the uptake of products in the highest two performance classes;
Amendment 79
Proposal for a regulation
Article 84 – paragraph 3 – point c
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.
(c) the economic feasibility for contracting authorities or contracting entities to buy more environmentally sustainable products, without entailing disproportionate costs as determined on a total lifetime and operating cost basis.
Amendment 80
Proposal for a regulation
Article 84 – paragraph 3 – point c a (new)
Text proposed by the Commission
Amendment
(ca) the relevant Union green public procurement criteria.
Amendment 81
Proposal for a regulation
Article 84 – paragraph 3 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.
Amendment 82
Proposal for a regulation
Article 87 – paragraph 2
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.
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.
Justification
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 91 – paragraph 1
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.
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:
(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
(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 92 – paragraph 1
Text proposed by the Commission
Amendment
Regulation (EU) 305/2011 is repealed with effect from 1 January 2045.
Regulation (EU) 305/2011 is repealed with effect from 1 January 2029.
Justification
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
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:
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:
Amendment 86
Proposal for a regulation
Annex I – Part A – point 1 – point 1.3 – paragraph 2 – point a
Text proposed by the Commission
Amendment
(a) the emissions of hazardous substances, volatile organic compounds or hazardous particles into indoor air;
(a) the emissions of hazardous substances volatile organic compounds, odours or hazardous particles into indoor air;
Amendment 87
Proposal for a regulation
Annex I – Part A – point 1 – point 1.3 – paragraph 2 – point e a (new)
Text proposed by the Commission
Amendment
(ea) the release of microplastics;
Amendment 88
Proposal for a regulation
Annex I – Part A – point 1 – point 1.3 – paragraph 2 – point e b (new)
Text proposed by the Commission
Amendment
(eb) to the extent possible, the release of substances of concern into indoor air or water;
Amendment 89
Proposal for a regulation
Annex I – Part A – point 1 – point 1.6 – paragraph 2 – introductory part
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:
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:
Amendment 90
Proposal for a regulation
Annex I – Part A – point 1 – point 1.7 – paragraph 1
Text proposed by the Commission
Amendment
Hazardous emissions into the outdoor environment of construction works
Emissions into the outdoor environment of construction works
Amendment 91
Proposal for a regulation
Annex I – Part A – point 1 – point 1.7 – paragraph 2 – point a
Text proposed by the Commission
Amendment
(a) the release of hazardous substances or radiation into ground water, marine or surface waters or soil;
(a) the release of hazardous substances, microplastics, or radiation into air, ground water, marine or surface waters or soil;
Amendment 92
Proposal for a regulation
Annex I – Part A – point 1 – point 1.7 – paragraph 2 – point d
Text proposed by the Commission
Amendment
(d) the release of net greenhouse gas emissions into the atmosphere.
(d) the release of greenhouse gas emissions into the atmosphere.
Amendment 93
Proposal for a regulation
Annex I – Part A – point 1 – point 1.8 – paragraph 2 – introductory part
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:
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:
Amendment 94
Proposal for a regulation
Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point a
Text proposed by the Commission
Amendment
(a) use of raw and secondary materials of high environmental sustainability and thus with a low environmental footprint;
(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,:
Amendment 95
Proposal for a regulation
Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point b
Text proposed by the Commission
Amendment
(b) minimizing the overall amount of raw materials used;
(b) minimizing the overall amount of materials used;
Amendment 96
Proposal for a regulation
Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point e
Text proposed by the Commission
Amendment
(e) reuse or recyclability of the construction works, parts of them and their materials after demolition.
(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.
Amendment 97
Proposal for a regulation
Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point e a (new)
Text proposed by the Commission
Amendment
(ea) minimising the overall volumes of waste generated;
Amendment 98
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – introductory part
Text proposed by the Commission
Amendment
Harmonised technical specifications shall to the extent possible cover the following essential characteristics related to life cycle assessment:
Harmonised technical specifications shall cover the following essential characteristics related to life cycle assessment:
Amendment 99
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point a
Text proposed by the Commission
Amendment
(a) climate change effects (mandatory);
(a) Global Warming Potential total (mandatory);
Amendment 100
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point a a (new)
Text proposed by the Commission
Amendment
(aa) Global Warming Potential fossil fuels (mandatory);
Amendment 101
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point a b (new)
Text proposed by the Commission
Amendment
(ab) Global Warming Potential biogenic (mandatory);
Amendment 102
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point a c (new)
Text proposed by the Commission
Amendment
(ac) Global Warning Potential land use and land use change (mandatory);
Amendment 103
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point b
Text proposed by the Commission
Amendment
(b) ozone depletion;
(b) depletion potential of the stratospheric ozone layer (mandatory);
Amendment 104
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point c
Text proposed by the Commission
Amendment
(c) acidification potential;
(c) acidification potential, Accumulated Exceedance (mandatory);
Amendment 105
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point d
Text proposed by the Commission
Amendment
(d) eutrophication aquatic freshwater;
(d) eutrophication potential, fraction of nutrients reaching freshwater end compartment (mandatory);
Amendment 106
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point e
Text proposed by the Commission
Amendment
(e) eutrophication aquatic marine;
(e) eutrophication potential, fraction of nutrients reaching marine end compartment (mandatory);
Amendment 107
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point f
Text proposed by the Commission
Amendment
(f) eutrophication terrestrial;
(f) eutrophication potential, Accumulated Exceedance (mandatory);
Amendment 108
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point g
Text proposed by the Commission
Amendment
(g) photochemical ozone;
(g) formation potential of tropospheric ozone (mandatory);
Amendment 109
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point h
Text proposed by the Commission
Amendment
(h) abiotic depletion – minerals, metals;
(h) abiotic depletion potential for non-fossil resources
Amendment 110
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point i
Text proposed by the Commission
Amendment
(i) abiotic depletion – fossil fuels;
(i) abiotic depletion for fossil resources potential (mandatory);
Amendment 111
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point j
Text proposed by the Commission
Amendment
(j) water use;
(j) water (user) deprivation potential, deprivation-weighted water consumption (mandatory);
Amendment 112
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 3
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).
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).
Amendment 113
Proposal for a regulation
Annex I – Part C – point 2 – 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.
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.
Amendment 114
Proposal for a regulation
Annex I – Part C – point 2 – point 2.1 – introductory part
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:
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:
Amendment 115
Proposal for a regulation
Annex I – Part C – point 2 – point 2.1 – point a
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;
(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;
Amendment 116
Proposal for a regulation
Annex I – Part C – point 2 – point 2.1 – point c
Text proposed by the Commission
Amendment
(c) maximising recycled content wherever possible without safety loss or outweighing negative environmental impact;
(c) maximising reused, recycled renewable, and by-product content;
Amendment 117
Proposal for a regulation
Annex I – Part C – point 2 – point 2.1 – point d
Text proposed by the Commission
Amendment
(d) selection of safe, environmentally benign substances;
(d) selection of safe, sustainable-by-design, and environmentally benign substances;
Amendment 118
Proposal for a regulation
Annex I – Part C – point 2 – point 2.1 – point f
Text proposed by the Commission
Amendment
(f) resource efficiency;
(f) materials and resource efficiency, including maximizing the use of renewable materials;
Amendment 119
Proposal for a regulation
Annex I – Part C – point 2 – point 2.1 – point f a (new)
Text proposed by the Commission
Amendment
(fa) modularity;
Amendment 120
Proposal for a regulation
Annex I – Part C – point 2 – point 2.1 – point i
Text proposed by the Commission
Amendment
(i) reparability during the expected life span;
(i) ease of reparability during the expected life span;
Amendment 121
Proposal for a regulation
Annex I – Part C – point 2 – point 2.1 – point j
Text proposed by the Commission
Amendment
(j) possibility of maintenance and refurbishment during the expected life span;
(j) ease of maintenance and refurbishment during the expected life span;
Amendment 122
Proposal for a regulation
Annex I – Part C – point 2 – point 2.1 – point l a (new)
Text proposed by the Commission
Amendment
(la) sustainable sourcing, as demonstrated by due diligence statements and sustainable sourcing certification, where relevant;
Amendment 123
Proposal for a regulation
Annex I – Part C – point 2 – point 2.1 – point l b (new)
Text proposed by the Commission
Amendment
(lb) minimising product-to-packaging ratio;
Amendment 124
Proposal for a regulation
Annex I – Part C – point 2 – point 2.1 – point l c (new)
Text proposed by the Commission
Amendment
(lc) release of odours or substances with adverse effects on human health into indoor air;
Amendment 125
Proposal for a regulation
Annex I – Part C – point 2 – point 2.1 – point l d (new)
Text proposed by the Commission
Amendment
(ld) microplastic release;
Amendment 126
Proposal for a regulation
Annex I – Part C – point 2 – point 2.1 – point l e (new)
Text proposed by the Commission
Amendment
(le) amounts of waste generated, notably hazardous waste and waste without an identified recycling treatment;
Amendment 127
Proposal for a regulation
Annex I – Part C – point 2 – point 2.1 – point l f (new)
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.
Amendment 128
Proposal for a regulation
Annex I – Part C – point 2 – point 2.2 – paragraph 1
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.
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.
Amendment 129
Proposal for a regulation
Annex I – Part C – point 2 – point 2.2 – paragraph 2 – introductory part
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:
Amendment 130
Proposal for a regulation
Annex I – Part C – point 2 – point 2.2 – paragraph 2 – point a
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;
(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;
Amendment 131
Proposal for a regulation
Annex I – Part C – point 2 – point 2.2 – paragraph 2 – point c
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.
(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.
Amendment 132
Proposal for a regulation
Annex I – Part C – point 2 – point 2.2 – paragraph 3
Text proposed by the Commission
Amendment
When specifying the inherent product environmental requirements, harmonised technical specifications may differentiate these in accordance with performance classes.
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.
PROCEDURE – COMMITTEE ASKED FOR OPINION
Title
Laying down harmonised conditions for the marketing of construction products, amending Regulation (EU) 2019/1020 and repealing Regulation (EU) 305/2011
References
COM(2022)0144 – C9-0129/2022 – 2022/0094(COD)
Committee responsible
Date announced in plenary
IMCO
18.5.2022
Opinion by
Date announced in plenary
ENVI
18.5.2022
Associated committees - date announced in plenary
15.9.2022
Rapporteur for the opinion
Date appointed
Sara Matthieu
5.9.2022
Discussed in committee
24.10.2022
Date adopted
9.2.2023
Result of final vote
+:
–:
0:
42
14
20
Members present for the final vote
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
Substitutes present for the final vote
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
Substitutes under Rule 209(7) present for the final vote
Karolin Braunsberger-Reinhold, Clare Daly, Ilan De Basso, Jarosław Duda, Niclas Herbst, Beata Kempa, Karsten Lucke, Johan Nissinen, Andreas Schwab, Jörgen Warborn
FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION
Key to symbols: