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

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 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 develop and apply an assessment method for the calculation of the environmental sustainability of construction products. In order to achieve harmonised and accurate assessments, the Commission should build on the continuing efforts to develop and improve science-based assessment tools, such as the update Product Environmental Footprint method set out in Commission Recommendation (EU) 2021/22791a. 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.

__________________

1a Commission Recommendation (EU) 2021/2279 of 15 December 2021 on the use of the Environmental Footprint methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 471, 30.12.2021, p. 1-396)

Or. en

Amendment 2

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) ... [Regulation on ecodesign for sustainable products]. 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 shall, amongst others, be guided by and ensure coherence with the environmental sustainability objectives pursued by Regulation (EU) ... [Regulation on ecodesign for sustainable products]

Or. en

Amendment 3

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. 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.

Or. en

Amendment 4

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, the Circular Economy Action Plan and the Zero Pollution 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, 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 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 and regularly update the requirements for the respective construction product family or category.

Or. en

Amendment 5

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 Treaty on the Functioning of the European Union should be delegated to the Commission to specify Union-wide requirements.

Or. en

Amendment 6

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, excluding building-integrated photovoltaic panels. This Regulation may still intervene in a complementary manner where needed, mainly in relation to safety aspects also taking account of other Union legislation on products such as on gas appliances, low voltage, and machinery. For other products, in order to avoid unnecessary burden for economic operators, the need may arise in future to determine the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations under this Regulation. The power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to determine such conditions.

Or. en

Amendment 7

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.

Or. en

Amendment 8

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.

Or. en

Amendment 9

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, reuse and remanufacturing and, 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 during de-installation, deconstruction and demolition and at the later stage of recycling and avoiding mixed, blended or intricate materials. The use of substances of concern should be avoided to facilitate the safe and sustainable re-use and recycling of construction products. 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.

Or. en

Amendment 10

Proposal for a regulation

Recital 44 a (new)

Text proposed by the Commission

Amendment

(44a) The use of bio-based construction products can improve the embodied carbon performance of buildings when substituting more carbon-intensive materials such as conventional cement and steel, provided that the overall climate impacts of biomass production are included in a whole lifecycle assessment and demonstrate lower global warming potential. Similarly, a lower relative impact is also to be demonstrated on other key environmental impact indicators. Construction material sourcing should not contribute to land use change, such as deforestation and forest degradation.

Or. en

Amendment 11

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.

Or. en

Amendment 12

Proposal for a regulation

Article 1 – title

Text proposed by the Commission

Amendment

Subject matter

Subject matter and objective

Or. en

Amendment 13

Proposal for a regulation

Article 1 – paragraph 1 – subparagraph -1

Text proposed by the Commission

Amendment

The objectives of this Regulation are to contribute to the efficient functioning of the internal market and ensuring the safety of construction products, while preventing and reducing the adverse impacts of construction products on the environment and the health and safety of workers, towards a carbon-neutral, environmentally sustainable, toxic-free and fully circular economy within planetary boundaries by 2050 at the latest.

Or. en

Justification

The objective of the Regulation and therefore the overarching targets and goals of all subsequent delegated acts and standardisation requests should be specified.

Amendment 14

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) ... [Regulation on ecodesign for sustainable products];

Or. en

Justification

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

Amendment 15

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 Annex I Part A Points 1(1) to 1(7) 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) ... [Regulation on ecodesign for sustainable products].

Or. en

Amendment 16

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

Or. en

Justification

Similar to the ESPR, thresholds and performance classes should be set only by the Commission via delegated acts according to Article 4(4). The standardisation process does not provide sufficient democratic oversight for the setting of minimum requirements for products.

Amendment 17

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 by establishing the essential characteristics listed in Annex I Part A Point 1(8) and Point 2, including mandatory threshold levels or classes of performance and the methods for their assessment in accordance with the life cycle assessment method to quantify the environmental impacts of products established by Recommendation (EU) 2021/2279 or, once available, building on the method chosen under Regulation (EU) [ecodesign for sustainable products Regulation].

Or. en

Justification

In line with the ESPR, essential characteristics covering sustainable use of natural resources and environmental life cycle assessment should be adopted by the Commission in delegated acts. Life cycle assessment should built on the Product Environmental Footprint methodology developed by the European Commission in order to harmonise the assessment of environmental impacts.

Amendment 18

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 climate goals, and which of the essential characteristics may or shall be declared by manufacturers;

Or. en

Amendment 19

Proposal for a regulation

Article 4 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. The Commission shall assess the conformity with Union climate and environmental legislation, including in light of technological progress, of standards referred to in paragraph 2 and Commission acts adopted in accordance with paragraphs 3a and 4 at least every five years after the publication in the Official Journal. A negative assessment shall trigger the adoption of delegated acts referred to in Article 34(4) or in accordance with this Article.

Or. en

Justification

Given Union climate and environmental objectives as well as technology will evolve over time, the environmental performance of standards and delegated acts, once adopted, should be regularly checked against the ambition of Union law.

Amendment 20

Proposal for a regulation

Article 5 – title

Text proposed by the Commission

Amendment

Product requirements

Product and information requirements

Or. en

Amendment 21

Proposal for a regulation

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

1. All products covered by this Regulation shall, prior to their placing on the market or direct installation, satisfy the generic, directly applicable product requirements set out in Annex I Part D and the product requirements laid down in Annex I Part B and C as specified for the respective product family or category in accordance with paragraph 2. The product requirements laid down in Annex I Part B and C are only applicable where they have been specified in accordance with paragraph 2.

1. All products covered by this Regulation shall, prior to their placing on the market or direct installation, satisfy the generic, directly applicable product information requirements set out in Annex I Part D and the product performance requirements laid down in Annex I Part B and C as specified for the respective product family or category in accordance with paragraph 2. The product requirements laid down in Annex I Part B and C are only applicable where they have been specified in accordance with paragraph 2.

Or. en

Amendment 22

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 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.

Or. en

Amendment 23

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 performance in relation to one or more parameters referred to in Annex I part B and C or a combination thereof.

The Commission shall regularly assess and, where necessary, update adopted threshold levels, classes of performance and non-quantitative requirements.

Or. en

Justification

The Commission should be empowered to set minimum/maximum requirements for performance requirements, where necessary. Alignment with Article 6 of ESPR.

Amendment 24

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 42 months after entry into force of the Regulation, the Commission shall for the products families referred to in the second paragraph, where appropriate, adopt delegated acts in accordance with Article 4(3a) and (4) and Article 22(4).

Or. en

Justification

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. The first working plan should at least cover the most environmentally impactful product categories, also taking into account volumes of refurbishing and renovation following the ongoing renovation wave. Similarly, there should be a clear timeline for the adoption of delegated acts for these products.

Amendment 25

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.

Or. en

Justification

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

Amendment 26

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 and excluding Type I (ISO 14024) ecolabels, 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.

Or. en

Justification

Current Type I ecolabels cover both performance criteria that are intended to be part of the harmonised zone (e.g. emission of formaldehyde) as well as additional criteria (e.g. active use of carcinogenic, mutagenic or reprotoxic substances). The use of such labels should continue to be allowed on construction products.

Amendment 27

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.

Or. en

Justification

The environmental life cycle impacts of construction products should be assessed using the Product Environmental Footprint methodology or a methodology adopted in the ESPR

Amendment 28

Proposal for a regulation

Article 22 – paragraph 2 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

Unless product safety or the safety of construction works is thereby negatively impacted, the manufacturer has the following obligations:

For all products covered by this Regulation, the manufacturer has the following obligations, unless product safety or the safety of construction works is thereby negatively impacted:

Or. en

Justification

Basic, common sustainability obligations, including the promotion of recycled and recyclable materials, and provision of information on repair, remanufacturing and recycling should apply to all manufacturers. With the exception of points a, d, e, h, that address obligations regarding design options, the obligations of this paragraph shall be directly applicable to all manufacturers. The Commission shall, where necessary, adopt delegated acts to specify these obligations.

Amendment 29

Proposal for a regulation

Article 22 – paragraph 2 – subparagraph 1 – point a

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 their overall environmental, including climate sustainability performance is maximised in accordance with Best Available Techniques, unless a lower level:

Or. en

Amendment 30

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, 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.

Or. en

Justification

The construction products market should be moving towards the highest environmental performance classes.

Amendment 31

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) give preference to reusable and sustainably sourced bio-based materials, recyclable materials and materials gained from re-use and recycling;

Or. en

Amendment 32

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 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;

Or. en

Amendment 33

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;

Or. en

Justification

The price of spare parts must not prevent the repair of products.

Amendment 34

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 in such a way that they are re-useable, remanufacturable and recyclable, namely by 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. When remanufacturing and recycling present a risk for human safety or the environment, the manufacturer shall warn against remanufacturing and recycling in accordance with the following point;

Or. en

Justification

In order to facilitate re-use and remanufacturing, products and components must be separable before recycling. The use of substances of concern shall not prevent recycling and re-use. In the future, all construction products should, at least, be easily recyclable in a cost-effective manner.

Amendment 35

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 permalinks of their own websites and in the Digital Product Passport established in accordance with Article 78, information on how to remanufacture or recycle the products and any additional information necessary for re-use, remanufacturing or recycling, including relevant warnings;

Or. en

Amendment 36

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 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) and (h), shall not apply before such a delegated act or a harmonised standard has become applicable.

Or. en

Amendment 37

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 is empowered to supplement this Regulation by delegated acts adopted in accordance with Article 87 to establish specific environmental sustainability labelling requirements including a scoring system covering relevant impact categories or, where appropriate, “traffic-light-labelling” in relation to environmental obligations set out in paragraph 1, product inherent environmental requirements set out in Annex I Part C Point 2, and environmental performance classes established in accordance with of Article 4(4), point (a), following consultation with environmental and consumer organisations and other interested parties.

The Commission shall assess the adoption of labelling requirements referred to in the first subparagraph for every product family or category for which harmonised technical specifications or delegated acts referred to in Articles 4, 5 or 22 are considered.

Or. en

Justification

Labelling will likely be most impactful for construction products bought directly by consumers. The Commission shall, as part of the impact assessment accompanying every delegated act, assess the need for a label.

Amendment 38

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 scoring system or traffic light 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 and on the website of the manufacturer.

Or. en

Justification

The label shall be accessible and visible for consumers.

Amendment 39

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), Article 5(2) or a “traffic-light-labelling” in accordance with Article 22(5), those incentives shall aim at the highest two classes / colour codes, or at higher classes / better colour codes.

Or. en

Amendment 40

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/scores.

Or. en

Amendment 41

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

Or. en

Justification

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, a clear timeline for the development of mandatory criteria for the public procurement of construction products needs to be in place.

Amendment 42

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, labels as defined in Article 43 of Directive 2014/24/EU, or targets, as appropriate.

Or. en

Justification

Ecolabels should be part of Green Public Procurement

Amendment 43

Proposal for a regulation

Article 84 – paragraph 3 – point a a (new)

Text proposed by the Commission

Amendment

(aa) the environmental benefits entailed by the uptake of products in the highest two classes/scores in accordance with Articles 4,5, or 22;

Or. en

Justification

Environmental benefits should, next to economic aspects, be among the criteria for requirements for pubic contracts.

Amendment 44

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.

Or. en

Amendment 45

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 31 December 2029, 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 coherence 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 climate and environmental 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.

Or. en

Justification

As stressed in the ESPR impact assessment, there should be a high degree of coherence between the ESPR and the CPR. Any evaluation of the CPR must assess if this coherence manifests in practice.

Amendment 46

Proposal for a regulation

Annex I – Part A – point 1 – point 1.3 – 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 health and safety of workers, occupants or neighbors as a result of any of the following:

Or. en

Justification

Article 1 of REACH specifies that substances shall not adversely affect human health or the environment.

Amendment 47

Proposal for a regulation

Annex I – Part A – point 1 – point 1.3 – 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 substances of concern, volatile organic compounds or hazardous particles into indoor air;

Or. en

Justification

In line with the ESPR, all substances of concern are relevant.

Amendment 48

Proposal for a regulation

Annex I – Part A – point 1 – point 1.3 – point b

Text proposed by the Commission

Amendment

(b) the emission of hazardous radiation into the indoor environment;

(b) the emission of radiation into the indoor environment;

Or. en

Amendment 49

Proposal for a regulation

Annex I – Part A – point 1 – point 1.3 – point c

Text proposed by the Commission

Amendment

(c) the release of hazardous substances into drinking water or substances which have an otherwise negative impact on drinking water;

(c) the release of substances of concern into drinking water or substances which have an otherwise negative impact on drinking water;

Or. en

Amendment 50

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(ea) the release of microplastics

Or. en

Justification

In line with Annex I of the ESPR, which also covers microplastics.

Amendment 51

Proposal for a regulation

Annex I – Part A – point 1 – point 1.7 – title

Text proposed by the Commission

Amendment

Hazardous emissions into the outdoor environment of construction works

Emissions into the outdoor environment of construction works

Or. en

Amendment 52

Proposal for a regulation

Annex I – Part A – point 1 – point 1.7 – 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, they are not a threat to the outdoor environment, 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, throughout their life cycle, they do not adversely affect the outdoor environment, as a result of any of the following:

Or. en

Amendment 53

Proposal for a regulation

Annex I – Part A – point 1 – point 1.7 – 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 substances of concern, microplastics or radiation into air, ground water, marine or surface waters or soil;

Or. en

Amendment 54

Proposal for a regulation

Annex I – Part A – point 1 – point 1.7 – 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.

Or. en

Amendment 55

Proposal for a regulation

Annex I – Part A – point 1 – point 1.8 – point -a (new)

Text proposed by the Commission

Amendment

(-a) Preference is given to the use of low-carbon materials with equal performance;

Or. en

Justification

Low-carbon materials are available on the market today, but the current regulation provides no incentive to prefer these materials over other products with higher carbon footprints.

Amendment 56

Proposal for a regulation

Annex I – Part A – point 1 – point 1.8 – point -a a (new)

Text proposed by the Commission

Amendment

(-aa) use of sustainably sourced materials;

Or. en

Amendment 57

Proposal for a regulation

Annex I – Part A – point 1 – point 1.8 – point -a b (new)

Text proposed by the Commission

Amendment

(-ab) maximising the use of secondary materials;

Or. en

Amendment 58

Proposal for a regulation

Annex I – Part A – point 1 – point 1.8 – 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 use of raw materials of high environmental sustainability and thus with a low environmental footprint;

Or. en

Amendment 59

Proposal for a regulation

Annex I – Part A – point 1 – point 1.8 – 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;

Or. en

Amendment 60

Proposal for a regulation

Annex I – Part A – point 1 – point 1.8 – 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, reuse or recyclability of the construction works, parts of them and their materials after demolition.

Or. en

Amendment 61

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(ea) minimizing the overall amounts of waste generated.

Or. en

Justification

Alignment with Annex I of the EPSR

Amendment 62

Proposal for a regulation

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

Or. en

Amendment 63

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(a) climate change effects (mandatory);

(a) climate change effects, including carbon storage;

Or. en

Amendment 64

Proposal for a regulation

Annex I – Part A – point 2 – paragraph 1 – point p a (new)

Text proposed by the Commission

Amendment

(pa) material and resource efficiency.

Or. en

Amendment 65

Proposal for a regulation

Annex I – Part A – point 2 – paragraph 2

Text proposed by the Commission

Amendment

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

Or. en

Justification

Consequential amendment, following the deletion of "mandatory" in the previous paragraph

Amendment 66

Proposal for a regulation

Annex I – Part A – point 2 – paragraph 3

Text proposed by the Commission

Amendment

Harmonised technical specifications shall also cover to the extent possible the essential characteristic of capability to temporarily bind carbon and of other carbon removals.

Harmonised technical specifications shall also cover to the extent possible the essential characteristic of capability to temporarily bind carbon provided that products do not contribute to land use change and comply with the obligations of the [Deforestation and Forest Degradation Regulation].

Or. en

Justification

Bio-based construction products should be sustainably sourced.

Amendment 67

Proposal for a regulation

Annex I – Part C – point 2 – introductory part

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 transport of materials and products, 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.

Or. en

Amendment 68

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:

Or. en

Amendment 69

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 product’s guaranteed lifetime, technical lifetime indication of real use information on the product, resistance to stress or ageing mechanisms;

Or. en

Justification

Alignment with Annex I of the ESPR.

Amendment 70

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 used and recycled content;

Or. en

Justification

"Safety first" should apply to all product requirements

Amendment 71

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;

Or. en

Justification

Following the Chemicals Strategy for Sustainability

Amendment 72

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;

Or. en

Amendment 73

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(ga) modularity

Or. en

Amendment 74

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;

Or. en

Amendment 75

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;

Or. en

Justification

Alignment with Annex I of the ESPR

Amendment 76

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;

Or. en

Amendment 77

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(lb) minimizing product-to-packaging ratio;

Or. en

Justification

Alignment with Annex I of the ESPR

Amendment 78

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(lc) microplastic release;

Or. en

Justification

Alignment with Annex I of the ESPR

Amendment 79

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(ld) amounts of waste generated;

Or. en

Justification

Alignment with Annex I of the ESPR

Amendment 80

Proposal for a regulation

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

Text proposed by the Commission

Amendment

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

Or. en

Amendment 81

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.

Or. en

Amendment 82

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:

Or. en

Amendment 83

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 the most relevant environmental aspects with regard to the respective product category, covering at least whole life cycle greenhouse gas emissions and resource efficiency, including the minimum recycled content and re-use;

Or. en

Amendment 84

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.

Or. en

Justification

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 is in line with the ESPR and ensures the European Parliament and the Council are involved in the process.