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DRAFT 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-PA-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 widen the scope to 3D-printed products and moulds, key parts, and reused, remanufactured and surplus products, and remove prefabricated one-family houses and sanitary appliances from scope. They require declarations of performance and conformity by electronic means, with permalinks or QR-codes, and set up a decentralised Union construction products database with a public part and a compliance part. They add environmental sustainability duties for manufacturers, including design to state-of-the-art, recycled content, spare parts for 10 years, and free take-back of surplus products within two years. They let member states exempt micro-enterprises, outermost regions and remanufactured products from certain obligations, and allow additional national requirements on health, safety or environmental grounds. They give the Commission delegated powers on essential characteristics, product requirements, standards, penalties and public procurement sustainability requirements, and shorten the evaluation period to 4 years.

Committee position. The Committee on Industry, Research and Energy proposes amendments to the Commission's proposal, widening its scope to 3D-printed products and reused, remanufactured and surplus products, adding environmental and digital obligations, and setting up a Union database.

Key points

  1. The committee asks the Internal Market and Consumer Protection Committee to take into account its amendments to the proposed construction products regulation.
  2. The amendments require information flows primarily by electronic means and in machine-readable format, and add rules for declaring environmental and sustainability performance, including thresholds and classes.
  3. They clarify that 3D-printing service providers placing products on the market must fulfil manufacturers' obligations or inform clients that datasets and materials comply with applicable requirements.
  4. They allow member states to exempt micro-enterprises from drawing up a declaration of performance in specific situations, and to exempt products placed on the market in outermost regions.
  5. They require rules for key parts of construction products to be assessed upstream, and apply new product rules to used products where intended use changes, initial use is unclear, or a transformative process occurs.
  6. They make harmonised standards mandatory for assessing essential characteristics, and empower the Commission to adopt delegated acts establishing mandatory essential characteristics and assessment methods.
  7. They require manufacturers to provide declarations of performance and conformity by electronic means, using permalinks or QR-codes to unamendable documents.
  8. They require manufacturers to ensure environmental sustainability and durability through design, reliable parts, reparability, repair information and access to replacement parts, and to favour reuse, remanufacturing and recycling.
  9. They require manufacturers to regain free of charge ownership of surplus and unsold products in equivalent state, unless more than two years have passed since delivery.
  10. They require manufacturers to make spare parts available for 10 years after the last product of the type is placed on the market, and to respect minimum recycled content obligations.
  11. They set up a decentralised Union construction products database with a publicly accessible part and a compliance part accessible only to market surveillance authorities and the Commission.
  12. They empower the Commission to adopt delegated acts on sustainability requirements for public contracts on a voluntary basis, and shorten the evaluation of the regulation to 4 years after application.

Who is affected

  • Manufacturers of construction products, who must meet new environmental, durability, spare parts and take-back obligations.
  • Micro-enterprises, which member states may exempt from drawing up a declaration of performance in specific situations.
  • Providers of 3D-printing services, moulds, datasets and materials, who must fulfil manufacturers' obligations or inform clients.
  • Importers and distributors, who must verify intended use and display required information to customers.
  • Market surveillance authorities and the Commission, which get access to the compliance part of the new database.

Figures and deadlines

  • 10 years: period for which manufacturers must make spare parts available after the last product of the type is placed on the market.
  • two years: period after delivery onto a construction site or to the user beyond which manufacturers need not regain surplus products.
  • three years: period after receiving a standardisation request after which a European standardisation organisation's failure to submit a standard counts as undue delay.
  • 5 years: period during which a supplier or service provider must inform clients who received identical components or services.
  • 4 years: period after the date of application before the Commission evaluates the regulation.
  • 14%: share of the Union's GDP that public procurement amounts to.
  • 10: number of specimens representative of production envisaged that providers of moulds, 3D-datasets and materials must produce.
  • 90 days: period after a positive Commission assessment within which it must publish the list of references of accepted standards.

Legal basis: Article 114 of the Treaty on the Functioning of the European Union.