Changes from plenary report to adopted text

Article 7 – paragraph 7 – introductory part: 7. This Regulation does not hinder Member States to introduce mandatory deposit-refund systems, to oblige manufacturers to take back used or not used non-custom-made products directly or via their importers and distributors and to establish obligations regarding the collection and the treatment of products for waste, provided that all of the following is complied with:

Article 7 – paragraph 8: 8. Member States may ban the destruction of surplus and unsold products and products taken back in accordance with Article 22(2), point (j) and Article 26 or make the destruction of these products dependent on their prior making available on a national brokering platform for non-commercial use of products.

Article 8 – paragraph 1: To avoid double assessment of the same aspects of products which are related to health, safety or protection of the environment, the Commission is empowered to supplement this Regulation by delegated acts adopted in accordance with Article 87 by determining the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations under this Regulation.

Article 8 – paragraph 1 a (new): Where conflicts arise between this Regulation and Regulation (EU) 2019/1020, Regulation (EU) 1025/2012, Regulation 765/2008/EC, Directive 2001/95/EC, Directive (EU) 2019/1937, and [XXX] (Ecodesign for Sustainable Products Regulation), this Regulation shall prevail.

Article 9 – paragraph 1: 1. Where a construction product is covered by a harmonised technical specification adopted in accordance with Article 4(2), (3) or (4) the manufacturer shall undergo the applicable assessment and verification system set out in Annex V and draw up a declaration of performance before such a product is placed on the market. A manufacturer of a product which is not covered by any harmonised technical specification may issue a declaration of performance in accordance with the relevant European assessment document and European technical assessment.

Article 9 – paragraph 3: 3. By drawing up the declaration of performance, the manufacturer assumes responsibility for the conformity of the product with such declared performance and becomes liable in accordance with Union and national laws on contractual and extra-contractual liability. In the absence of objective indications to the contrary, Member States shall presume the declaration of performance drawn up by the manufacturer to be accurate and reliable.

Article 10 – paragraph 1 – point a: (a) the product is individually manufactured or custom-made in a non-series process in response to a specific order, by a manufacturer who is also responsible for the safe incorporation of the product into the construction work in compliance with the applicable national rules, and under the supervision of those responsible for the safe execution of the construction works designated under the applicable national rules;

Article 10 – paragraph 1 – point b: deleted

Article 10 – paragraph 3: deleted

Article 11 – paragraph 2: 2. The declaration of performance shall be drawn up using the model set out in Annex II without points 12 and 13c thereof.

Article 11 – paragraph 4: 4. Safety data sheets referred to in Article 31 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council45 shall be provided together with the declaration of performance where the construction product is supplied to an industrial or professional user. / The information referred to in Article 33 of Regulation (EC) No 1907/2006 shall be provided to consumers together with the declaration of performance.

Article 12 – paragraph 5 – subparagraph 1 – introductory part: Paragraphs 1 to 4 shall also apply to all of the following:

Article 12 – paragraph 6 – subparagraph 2: Article 21(2) shall not apply to products falling under the derogations of paragraphs 1 to 5. However, the economic operators shall provide the information set out in Annex I Part C3.

Article 12 – paragraph 9: 9. This article shall not apply to used, remanufactured or surplus products which have never been placed on the Union market.

Article 13 – paragraph 1 – point a: (a) verify the product’s compliance with the product requirements of Annex I, Parts C1 and C2 to the extent that they have been specified by delegated acts in accordance with Article 5(1), and with the product information requirements of Annex I, Part C3;

Article 13 – paragraph 3: 3. By the declaration of conformity, the manufacturer assumes responsibility for the conformity of the product with the product requirements and becomes liable in accordance with national laws on contractual and extra-contractual liability. In the absence of objective indications to the contrary, Member States shall presume the declaration of conformity drawn up by the manufacturer to be accurate and reliable.

Article 14 – paragraph 1: 1. The declaration of conformity shall express conformity of a product with product requirements referred to in Article 5 and product information requirements referred to in Article 4a.

Article 14 – paragraph 3: 3. Article 12 shall apply with regard to the declaration of conformity.

Article 14 – paragraph 4: 4. The manufacturer shall fulfil the obligations of this Article as from 18 months after the date of application of the relevant harmonised technical specification.

Article 15 – paragraph 2 – subparagraph 1: The declaration provided by electronic means shall be issued by the manufacturer in a machine-readable, but unamendable electronic format. / The Commission shall issue standardisation requests which aim at the elaboration of standard formats for machine-readable declarations for each harmonised technical specification. / The Commission shall ensure that these standard formats are developed according to a uniform concept. As part of the commonly readable electronic format, the manufacturer may use a permalink or a data carrier provided that the permalink or data carrier and the document accessible via the permalink or data carrier are unamendable. Commission Delegated Regulation (EU) No 157/201446 shall apply under this Regulation.

Article 15 – paragraph 3: deleted

Article 16 – paragraph 2: 2. The CE marking shall be affixed to those products for which the manufacturer has drawn up a declaration of performance or, where applicable, a declaration of performance and conformity in accordance with Articles 9 and 11 to 14. The CE marking shall be affixed to key parts.

Article 16 – paragraph 5 – subparagraph 2: Member States shall not introduce any references or shall withdraw any references in national measures to a marking attesting conformity with requirements or essential characteristics unless a basis for such reference was laid down in accordance with Article 7(5).

Article 16 – paragraph 6 – subparagraph 1: A Member State shall not prohibit or impede, within its territory or under its responsibility, the making available on the market or the use of products bearing the CE marking, when the declared performances correspond to the requirements for such use in that Member State. Only those requirements covered by the harmonised zone shall be considered by that Member State.

Article 16 – paragraph 6 – subparagraph 2: A Member State shall not prohibit or impede, within its territory or under its responsibility, the making available on the market or the use of products bearing the CE marking, when the declared performances correspond to the requirements in that Member State or the product conforms with product requirements set-up in or by means of this Regulation, unless it is specified in the respective harmonised technical specification that the respective requirements constitute only minimum requirements.

Article 17 – paragraph 2 – subparagraph 1 – point d: (d) the unique identification code of the product-type, the permalink or data carrier to the manufacturer’s products registration(s) in Union databases or to the manufacturer’s website;

Article 17 – paragraph 2 – subparagraph 1 – point e: deleted

Article 17 – paragraph 2 – subparagraph 1 – point g: deleted

Article 17 – paragraph 2 – subparagraph 2: The items listed in points d) to f) may be replaced by a permalink or data carrier to the combined declaration of performance and of conformity (electronic CE marking).

Article 17 – paragraph 3: 3. The CE marking shall be affixed before the product is placed on the market. It may be subsequently followed by a pictogram or any other mark indicating a special risk or use.

Article 18 – paragraph 1: Markings other than the CE marking, including private ones, may be affixed on a product only if they do not only signify conformity of the product with the declared performance or with the product requirements set out in this Regulation and if those requirements are not mandatory for the marketing or use of a product. Those restrictions do not apply to the EU Ecolabel and other officially recognised type I-ecolabels (ISO 14024).

Article 19 – paragraph 1: 1. An economic operator shall take all necessary measures to ensure continued compliance with this Regulation. Where non-compliance of the economic operator or of a product has been stated and corrective action has been requested by a market surveillance authority in accordance with Article 70(1), the economic operator shall submit progress reports to that authority until that authority decides that the corrective action can be closed.

Article 19 – paragraph 2: deleted

Article 19 – paragraph 3 – subparagraph 1 – introductory part: An economic operator shall, on request of the competent authority, communicate any economic operator or other actor to that authority:

Article 19 – paragraph 3 – subparagraph 1 – point c: deleted

Article 19 – paragraph 3 – subparagraph 2 – introductory part: When identifying the operators referred to in first subparagraph, an economic operator shall inform the authority about the following:

Article 19 – paragraph 3 – subparagraph 2 – point i: deleted

Article 19 – paragraph 3 – subparagraph 2 – point ii: (ii) contact details, including addresses, email addresses and websites of the operators referred to in the first subparagraph;

Article 19 – paragraph 3 – subparagraph 2 – point iii: deleted

Article 19 – paragraph 3 – subparagraph 2 – point v: deleted

Article 19 – paragraph 3 – subparagraph 2 – point vi: (vi) names, addresses, contact details of natural or legal persons acting for those operators, if relevant, and, in any event, in compliance with [GDPR].

Article 19 – paragraph 4: 4. An economic operator shall be able to present all documentation, including the declaration of performance and the declaration of conformity, through the digital construction products passport, as well as information referred to in this Chapter to authorities for a period of ten years after they have last been in possession or dealing with the product in question. It shall present the documentation and information within 10 days of receipt of a request by the respective authority.

Article 19 – paragraph 5 – subparagraph 1: deleted

Article 19 – paragraph 6: 6. An economic operator shall inform authorities of any likely infringement of this Regulation it becomes aware of. Where this economic operator considers that non-conforming products present a risk to human safety or to the environment, it shall immediately inform the competent authorities of the Member States in which it made the product available thereof, giving details, in particular, of the non-compliance and of any corrective measures taken.

Article 20: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Article 21 – paragraph 1: 1. The manufacturer shall determine the product type, respecting the boundaries set up therefore by the definition provided in Article 3 point (31). The manufacturer shall draw up a declaration of performance and a declaration of conformity in accordance with Articles 9 and Articles 11 to 15 and affix the CE marking in accordance with Articles 16 and 17.

Article 21 – paragraph 2 – introductory part: 2. The manufacturer shall refrain from any claim about the essential characteristics of a product that is not based on the assessment method contained in the applicable harmonised technical specification. / (deleted) / (deleted)

Article 21 – paragraph 3 – subparagraph 1: The manufacturer shall, as the basis for the declarations referred to in paragraph 1, draw up a technical documentation describing the intended use including the conditions for use and all the elements necessary to demonstrate performance and conformity.

Article 21 – paragraph 3 – subparagraph 2: That technical documentation shall contain the mandatory or facultative calculation of essential characteristics related to life cycle assessed in accordance with harmonised technical specifications adopted under this Regulation.

Article 21 – paragraph 5 – subparagraph 1: The manufacturer shall ensure that its products bear a manufacturer-specific type number, a batch or serial number or any other element enabling them to be identified. If this is impossible, the required information shall be provided on the packaging, on an affixed tag or, as last resort, in a document accompanying the product.

Article 21 – paragraph 5 – subparagraph 2: The manufacturer shall in the same way as set out in the first subparagraph label a product as “Only for professional use” if expertise is needed in order to use it and shall display the label to customers before it is bound by a sales contract, including in case of distance selling. Products not labelled “Only for professional use” shall be deemed to be also intended for non-professional users and consumers in the meaning of this Regulation and the Regulation (EU) … [Regulation on General Product Safety].

Article 21 – paragraph 5 – subparagraph 3: deleted

Article 21 – paragraph 6 – subparagraph 1: When making a product available on the market, the manufacturer who is not exempted in accordance with Article 10 of this Regulation shall ensure that the product is accompanied by the information set out in harmonised technical specifications and in Annex I, Part C3 in a language determined by the Member State concerned or, in absence of such determination, in a language which can be easily understood by users.

Article 21 – paragraph 6 – subparagraph 2: The Commission shall adopt implementing acts to determine the electronic format and the way of transmission of information to be provided by the manufacturer in accordance with the first subparagraph.

Article 21 – paragraph 7: 7. The manufacturer shall upload the data of the declaration of performance, of the declaration of conformity, the information referred to in paragraph 6 in the construction digital product passport and construction product passport registry established in accordance with Chapter IXa.

Article 21 – paragraph 9: 9. Where the product presents a risk, the manufacturer shall without undue delay and at the latest within 3 working days inform all the authorised representatives, importers, distributors, fulfilment service providers, and online market places involved in the distribution, as well as the competent national authorities of the Member States in which the manufacturer or – to its knowledge – other economic operators made the product available. The manufacturer shall, to that effect, provide all useful details and, in particular, specify the type of the non-compliance, the frequency of accidents or incidents and the corrective measures taken or recommended. In case of risks caused by products which have already reached a final user or consumer who cannot be identified or contacted directly, the manufacturer shall, through media and other appropriate channels, ensuring the widest possible reach, disseminate information about appropriate measures to eliminate or, if not possible, to reduce the risks. In case of a “serious risk” in the meaning of Article 3, point (71) the manufacturer shall withdraw and recall the product at their own cost.