New Regulation on Construction Products
TA-9-2023-0253 · P9_TA(2023)0253 · PE738.491
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Parliament's amended version of the proposed regulation on construction products sets harmonised rules for placing and making available construction products on the market.¶¶ It lays down environmental, functional and safety product requirements, essential characteristics, assessment and verification systems, and obligations for manufacturers and other economic operators.¶¶¶ It requires declarations of performance and conformity, CE marking, and a construction digital product passport and registry.¶¶¶ It sets rules on market surveillance, penalties, notified bodies, technical assessment bodies, and green public procurement.¶¶¶ It repeals Regulation (EU) 305/2011 and provides transition rules for standards, assessment documents and certificates.¶¶¶
Key points
- The regulation establishes harmonised rules for placing and making available construction products on the market, including environmental, functional and safety product requirements.¶¶
- It defines the harmonised zone as covering all existing and future legal requirements for construction products, and allows Member States to set additional requirements on imperative grounds of health, safety or environmental protection.¶¶
- Member States may exempt construction products placed on the market in outermost regions from the regulation, and may ban the destruction of surplus and unsold products.¶¶
- Manufacturers must draw up declarations of performance and conformity, affix CE marking, and provide product information; declarations must be machine-readable.¶¶¶
- The Commission is empowered to adopt delegated acts specifying product requirements, assessment and verification systems, and environmental sustainability labelling for product families or categories.¶¶¶
- Manufacturers must meet sustainability obligations, including design for durability, repair, re-use, remanufacturing and recycling, and provide spare parts for 10 years.¶¶¶
- A construction digital product passport and registry are to be set up, accessible via data carriers such as QR codes, bar codes, RFID chips or permalinks.¶
- Economic operators, including fulfilment service providers, brokers, online marketplaces and online sellers, must verify compliance at a documentary level and cooperate with authorities.¶¶¶
- Market surveillance authorities may recover costs of inspections and testing from economic operators in possession of non-compliant products.¶
- Member States must lay down effective, proportionate and dissuasive penalties for non-compliance.¶
- The Commission must establish a working plan for transition and standardisation priorities within 6 months after entry into force, covering at least a three-year period.¶
- Regulation (EU) 305/2011 is repealed with effect from the date of entry into force of this regulation, with certain articles repealed 10 years later.¶
Who is affected
- Manufacturers of construction products: must draw up declarations, meet product requirements and sustainability obligations, and provide information.¶¶¶
- Importers and distributors: must verify compliance and ensure products are accompanied by required information.¶¶
- Fulfilment service providers, brokers, online marketplaces and online sellers: must act with due care and verify compliance at a documentary level.¶¶¶
- Member States: may exempt outermost regions, ban destruction of unsold products, and must designate market surveillance authorities and product contact points.¶¶¶
- Notified bodies and technical assessment bodies: must meet independence and competence requirements and participate in coordination.¶¶
Figures and deadlines
- Spare parts must be available for 10 years after the last product of the respective type has been placed on the market.¶
- Manufacturers must accept to regain ownership of surplus and unsold products unless more than 5 years have passed since the product was placed on the market.¶
- Economic operators must present documentation to authorities within 10 days of receipt of a request.¶
- Manufacturers must inform authorities within 3 working days of a product presenting a risk.¶
- Product contact points must respond or provide information free of charge within 15 working days.¶
- The Commission must adopt the first delegated act on green public procurement by 31 December 2026.¶
- The Commission must establish a working plan not later than 6 months after entry into force, covering at least a three-year period.¶
- The evaluation of the regulation shall take place no sooner than 5 years after the date of application.¶
Legal basis: Article 114 of the Treaty on the Functioning of the European Union¶¶