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OPINION (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

ITRE-AD-738659

Committee on Industry, Research and Energy · Rapporteur: Pascal Arimont

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The Committee on Industry, Research and Energy proposes amendments to the Commission's proposal for a regulation on harmonised conditions for marketing construction products, replacing Regulation (EU) 305/2011. The amendments add rules on standardisation, environmental sustainability assessment, a Union construction products passport, and simplified procedures for SMEs and micro-enterprises. They delete provisions on construction products manufactured on site, prefabricated one-family houses, and direct installation, and adjust obligations for economic operators, importers, distributors and service providers. They also set deadlines for a Commission study on circular and sustainable products and for an evaluation of the regulation.

Committee position. The Committee on Industry, Research and Energy proposes amendments to the Commission's proposal, adding rules on standardisation, environmental sustainability, a construction products passport, and simplified procedures for SMEs, and deleting provisions on on-site manufacture and prefabricated one-family houses.

Key points

  1. A clear set of rules for the standardisation process should be established, covering roles, responsibilities and steps from standardisation request to citation in the Official Journal.
  2. Information flows should be primarily electronic and in machine-readable format, covering environmental sustainability over the whole life cycle.
  3. New environmental obligations and an assessment method for environmental sustainability should be developed, building on science-based tools such as the Product Environmental Footprint.
  4. Member States may exempt micro-enterprises from drawing up a declaration of performance in specific situations, and may exempt construction products placed on the market in outermost regions.
  5. Provisions on construction products manufactured on site and on prefabricated one-family houses are deleted.
  6. The Commission should be empowered to adopt delegated acts to determine whether certain products fall within the definition of construction product.
  7. A simplified procedure for declarations of performance should apply to reused, remanufactured and surplus construction products.
  8. Declarations of performance and conformity should be provided by electronic means, with permalinks or QR-codes to unamendable documents.
  9. A Union construction products passport should be set up by 31 December 2026, with a publicly accessible part, a compliance part and an online portal.
  10. SMEs and micro-enterprises may use simplified procedures, treating system 3 products under system 4 provisions with a Specific Technical Documentation.
  11. Within 48 months after entry into force, the Commission shall study the contribution to circular and sustainable products, including a working plan and timelines.
  12. The Commission shall evaluate the regulation no sooner than 4 years after its date of application.

Who is affected

  • Economic operators, including manufacturers, importers, distributors and service providers, face new or adjusted obligations on declarations, information and compliance.
  • SMEs and micro-enterprises benefit from simplified procedures and extended deadlines.
  • Member States may exempt micro-enterprises and outermost region products, and may set additional requirements on health, safety or environmental grounds.
  • Market surveillance authorities gain access to the compliance part of the construction products passport.
  • Suppliers and service providers must provide information on environmental sustainability and inform clients about non-compliances.

Figures and deadlines

  • 24 months after receiving a standardisation request, after which delay is considered undue.
  • 31 December 2026, by which the Commission is empowered to set up the Union construction products passport.
  • 48 months after entry into force, within which the Commission shall perform a study on circular and sustainable products.
  • 4 years after the date of application, no sooner than which the Commission shall evaluate the regulation.
  • Two months, and six months for SMEs, to provide data into the database or system.
  • Two working days to inform relevant parties where a product presents a risk.
  • One month to withdraw and recall a product in case of serious risk.
  • 10 years after placing on the market, the minimum stability period for a permalink.