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

On the proposal for a regulation of the European Parliament and of the Council Laying down harmonised conditions for the marketing of construction products, amending Regulation (EU) 2019/1020 and repealing Regulation (EU) 305/2011

IMCO-PR-738491

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

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The rapporteur's draft report sets out Parliament's position on the proposed regulation on harmonised conditions for marketing construction products, which amends Regulation (EU) 2019/1020 and repeals Regulation (EU) 305/2011. It proposes many amendments to the Commission proposal, including deleting the rules on direct installation, prefabricated one-family houses, 3D-printing services and several obligations for suppliers and service providers. It keeps the CE marking and declaration of performance system, adds rules on machine-readable information and QR codes, and sets a decentralised EU construction products database. It limits the Commission's power to adopt harmonised technical specifications by delegated act and gives priority to standards developed by the European standardisation organisations. It makes green public procurement criteria voluntary, shortens the transition period, and asks the Commission to set up a working plan for the transition.

Committee position. The rapporteur proposes to amend the Commission proposal to reduce administrative burden, delete provisions on direct installation, prefabricated houses, 3D-printing services and supplier obligations, limit the Commission's delegated powers on technical specifications, make green public procurement voluntary, and shorten the transition period.

Key points

  1. The draft resolution adopts Parliament's first-reading position on the proposed construction products regulation and asks the Commission to refer the matter back to Parliament if it substantially amends its proposal.
  2. It deletes the rules on direct installation, so that construction companies installing products are not treated as manufacturers.
  3. It removes prefabricated one-family houses from the scope of the regulation and deletes the possibility for Member States to opt out.
  4. It deletes the provisions on 3D-printing services and on obligations for providers of moulds, 3D-printing datasets and materials.
  5. It deletes the obligations of economic operators de-installing used products and of suppliers and service providers involved in manufacturing.
  6. It keeps the CE marking and the declaration of performance, and requires declarations to be provided in a machine-readable, unamendable electronic format, possibly by permalink or QR code.
  7. It sets up a decentralised EU construction products database with a public section, a compliance section and an online portal, where the Commission provides links to documentation stored on economic operators' servers.
  8. It gives priority to standards developed by the European standardisation organisations and limits the Commission's power to adopt harmonised technical specifications by delegated act to defined cases, such as undue delays of three years or non-acceptance of a standardisation request.
  9. It requires the Commission to adopt legally binding criteria on the content and form of construction products standards, and allows it to provide administrative support for legal proofreading of standards.
  10. It makes green public procurement requirements voluntary for Member States and allows them to provide incentives for environmentally friendly construction products in line with state aid rules.
  11. It shortens the transition period by repealing Regulation (EU) 305/2011 with effect from the date of entry into force of the new regulation, except for Articles 17, 18, 19 and 26, which are repealed 10 years after entry into force.
  12. It requires the Commission to establish a publicly available working plan for the transition, covering three-year periods and listing priority product families for standardisation requests.

Who is affected

  • Manufacturers of construction products: they keep the obligation to draw up a declaration of performance and affix the CE marking, but some obligations are simplified.
  • Micro-enterprises: Member States may exempt them from drawing up a declaration of performance in specific situations.
  • Economic operators in the supply chain: the definition of economic operator is widened, but obligations for suppliers and service providers are deleted.
  • Member States: they keep competence for construction works and may set additional requirements on imperative grounds of health, safety or environmental protection.
  • Notified bodies: they must have sufficient and independent staffing, and participation in the coordination group is ensured by Member States.

Figures and deadlines

  • Undue delay is given where a European standardisation organisation does not submit a standard within three years after receiving the standardisation request.
  • Public procurement amounts to 14% of the Union's GDP.
  • The Commission shall adopt implementing acts on the structure of standards no later than 1 year after entry into force.
  • Construction products standards become mandatory six months after publication in the Official Journal of the delegated acts incorporating them.
  • The Commission shall establish a working plan not later than 1 year after entry into force, covering the following three-year period.
  • Regulation (EU) 305/2011 is repealed with effect from the date of entry into force of this Regulation, except Articles 17, 18, 19 and 26, repealed 10 years after entry into force.
  • The Commission shall carry out an evaluation no sooner than 4 years after the date of application of this Regulation.
  • Where no objection is raised within four months of receipt of the information, a provisional measure taken by a Member State shall be deemed justified.

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