Changes from report parliamentary committee draft to plenary report

Change 9

RemovedAlignment with Article 85.

AddedRecital 28: (28) In the case of energy-related products included in ecodesign working plans which are also construction products and for intermediary products, with the exception of cement priority for the setting of sustainability requirements will be given to the [ESPR]. The intermediary products concerned are heaters, boilers, heat pumps, water and space heating appliances, fans, cooling and ventilating systems and photovoltaic products, excluding building-integrated photovoltaic panels. This Regulation may still intervene in a complementary manner where needed, mainly in relation to safety aspects also taking account of other Union legislation on products such as on gas appliances, low voltage, and machinery. For other products, in order to avoid unnecessary burden for economic operators, the need may arise in future to determine the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations under this Regulation. The power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to determine such conditions.

RemovedRecital 28: (28) In the case of energy-related products included in ecodesign working plans which are also construction products and for intermediary products, with the exception of cement, priority for the setting of sustainability requirements will be given to the [ESPR]. The intermediary products concerned are heaters, boilers, heat pumps, water and space heating appliances, fans, cooling and ventilating systems and photovoltaic products, excluding building-integrated photovoltaic panels. This Regulation may still intervene in a complementary manner where needed, mainly in relation to safety aspects also taking account of other Union legislation on products such as on gas appliances, low voltage, and machinery. For other products, in order to avoid unnecessary burden for economic operators, the need may arise in future to determine the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations under this Regulation. The power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to determine such conditions.

AddedRecital 33: (33) In order to reduce the burden for economic operators and in particular manufacturers, economic operators issuing declarations of performance and declarations of conformity should provide those declarations by electronic means, be authorised to provide those declarations by permalink to an unamendable document or to include in those declarations permalinks to unamendable documents. In order to simplify supply chain communication, declarations of performance and declarations of conformity should additionally be made available in a machine-readable format. This would allow the user via an app to check conformity with the application rules of the Member State where the product is used. An important prerequisite for machine-readable declarations is a standardised IT format, which is required for each harmonised technical specification. The CEN Workshop Agreement CWA 17316 “Smart CE marking for construction products” provides a basis for the development of harmonised XML formats for declarations of performance, which could be used to complement harmonised standards and harmonised technical specifications accordingly.

RemovedRecital 33: (33) In order to reduce the burden for economic operators and in particular manufacturers, economic operators issuing declarations of performance and declarations of conformity should provide those declarations by electronic means, be authorised to provide those declarations by permalink to an unamendable document in a machine-readable format or to include in those declarations permalinks to unamendable documents. Additionally, it should be possible for those permalinks to be provided in the form of QR-codes.

AddedRecital 33 a (new): (33a) Pending the revision of the harmonised technical specifications in accordance with this Regulation, the declarations of performance and conformity might contain permalinks to unamendable environmental product declarations or other unamendable documents containing the requested information.

Change 10

RemovedRecital 40: (40) To create transparency for users of construction products and to avoid inappropriate use of those products, construction products and their intended use should be precisely identified by the manufacturer. For the same reason, the manufacturer should make clear whether the construction products are intended for professional use only, or also for use by consumers. To ensure that construction products can be traced back, information that allows the identification of manufacturers should be indicated on the product or, where this is not possible e.g. due to the product’s size or surface, on its packaging or, where that is not possible either, in a document accompanying it.

AddedRecital 39: (39) Technical documentation about construction products, drawn by the manufacturer, facilitates the verification of those products by authorities and notified bodies against the Union requirements. To enhance access to comprehensive information, that technical documentation should include the essential characteristics related to life cycle of the construction product.

Change 11

ChangedRecital 50:40: (50)(40) AnTo economiccreate operatortransparency whofor modifiesusers aof productconstruction inproducts suchand ato wayavoid thatinappropriate itsuse performanceof orthose safetyproducts, mightconstruction beproducts affectedand their intended use should be subjectprecisely toidentified by the obligationsmanufacturer. ofFor manufacturers,the tosame ensurereason, the verification whethermanufacturer performanceshould ormake safetyclear ofwhether the productconstruction products are stillintended thefor same.professional However,use thisonly, obligationparticularly shouldwhereexpertise notis beneeded imposedin onorder anto economicuse operatorthe whoproduct. repackagesTo ensure that construction products can be traced back, information that enables manufacturers to makebe themidentified availableshould inbe anotherindicated Memberon State,the asproduct otherwiseor, secondarywhere tradethis andis thusnot freepossible circulatione.g. ofdue productsto wouldthe beproduct’s hamperedsize andor repackagingsurface, inon principleits shouldpackaging notor, affectwhere performancethat noris safetynot ofpossible theeither, constructionin product.a document accompanying it.

Change 12

RemovedAlignment with Article 26.

AddedRecital 42: (42) To optimise the pursuit of the goals of the European Green Deal and of the Circular Economy Action Plan, the manufacturers should be obliged to ensure that both their products and manufacturing contribute significantly to the Union's climate and environmental objectives by substantially improving their products' environmental footprint. This obligation requires trade-off-decisions between different environmental aspects and between environmental and safety aspects, whilst both environmental and safety aspects can relate to the product as such or to the construction works. To give manufacturers certainty about how to make these trade-off decisions, this Regulation should set out clear trade-off rules.

AddedRecital 43: (43) With the goals of ensuring sustainability and durability of construction products, manufacturers should ensure that products can be used for as long as possible. Such long use requires adequate design, use of reliable parts, reparability of products, availability of information on repair and access to replacement parts.

AddedRecital 44: (44) In view of enhancing the circularity of construction products, in line with the goals of the Circular Economy Action Plan and the waste hierarchy, manufacturers should prevent waste generation by facilitating and prioritising repair, re-use and remanufacturing. Manufacturers should increase resource efficiency through appropriate use of by-products and should, when products come to the end of their life, ensure recycling of their products. The (preparation for) re-use, remanufacturing and recycling require specific design choices, namely facilitating the separation of products, components and materials at de-installation, deconstruction and demolition and at the later stage of recycling and avoiding mixed, blended or intricate materials and substances of concern. As the usual instructions for use will not necessarily reach the economic operators in charge of (preparation for) re-use, remanufacturing and recycling, the necessary information in this regard should be made available in the Digital Product Passport and on the manufacturer’s websites or by means of QR codes, in addition to the instructions for use.

AddedRecital 45: (45) To deliver safe, functional and environmentally sustainable construction products, it is necessary to establish comprehensive sustainability and safety obligations for manufacturers. Given the importance of these obligations, general requirements on the gradual improvement of environmental performance, the preferred use of environmentally friendly materials, recycled content obligations and the availability of information on the use, repair, remanufacturing or recycling of products should be applicable to all manufacturers. In order to specify these requirements for certain product families or categories as well as to set further requirements and to achieve the right balance between the functionality, safety and sustainability, the Commission should be empowered to determine the conditions by delegated acts under which, for a specific product family or category, these obligations are fulfilled or presumed to be fulfilled.

AddedRecital 47: (47) In order to be able to make informed choices, users of construction products should be sufficiently well informed about the environmental performances of products, about their conformity with environmental requirements and of the degree of fulfilment of manufacturer’s environmental obligations in this regard. Therefore, the Commission is empowered to adopt delegated acts to establish specific labelling requirements

Change 13

RemovedAlignment with Article 27.

AddedRecital 52: (52) In order to avoid that the obligations under this Regulation are circumvented in cases where the production technology, for example 3D-printing, could involve several different actors contributing to the design and manufacture of a construction product, it is necessary to clearly define the role of the manufacturer. The natural and legal person printing a construction product should take responsibility under this Regulation for the whole product, unless there is another person who places the product on the market under his name or trademark or who takes responsibility for the product by issuing a declaration of performance and conformity.

RemovedRecital 53: deleted

RemovedRecital is obsolete, as Art. 29, to which the recital refers, has been deleted.

Change 14

RemovedRecital is obsolete, as Article 30, to which the recital refers, has been deleted.

AddedRecital 55: (55) Certain items used for construction have multiple potential purposes. Their manufacturers should have the freedom to decide whether these items are intended for construction or not, also in order to avoid that they have to undergo performance and conformity assessment where not necessary. However, if they decide that a certain item is not intended for construction whilst it could be used for it, it should be marked as “not for construction” and the manufacturers and other economic operators should ensure that it is not used in construction works. Otherwise some of the items would end up in construction whilst not fulfilling the requirements of this Regulation.

Change 15

RemovedAlignment with Article 33.

Change 16

RemovedRecital is obsolete, as Article 34, to which the recital refers, has been deleted.

Change 17

RemovedRecital is obsolete, as Article 34, to which the recital refers, has been deleted.

AddedRecital 61 a (new): (61a) When setting up guidelines on the appropriate form and content of standards, the Commission should build on the important work already done in the EC Guidelines for hENs under the CPR as of 28/06/2018, which has been presented by the Commission in the framework of the Joint Initiative on Standardisation.

RemovedRecital 61 a (new): (61a) Gaps in standardisation such as missing product characteristics or missing testing methods should not lead to a situation where the specific performance of a product related to the product's intended use required in a Member State to ensure the safety of the construction works cannot be declared in the Declaration of Performance. Required product characteristics which have not yet been fully harmonised and are related to a specific use can be regulated nationally until harmonisation has been achieved in order to avoid regulatory gaps.

AddedRecital 65: (65) In order to respond to a noteworthy percentage of notifications which were based on incomplete or erroneous assessments, in particular where legal bodies without own in-house technical competence were notified, it is necessary to strengthen the resources capacity of notifying authorities, namely by setting up minimum requirements; to make requirements for notified bodies more precise, namely with regard to their independence, delegation to other legal entities and own ability to perform; to require adequate qualified staffing of notified bodies and to verify the adequacy of the staffing, to ensure that the staffing of the notified body is sufficient and independent, and to enlarge the documentation to be provided by bodies when applying for designation as notified body so as to provide a deeper and comparatively fairer basis for decision to notifying authorities.

RemovedRecital 61 b (new): (61b) When setting up guidelines on the appropriate form and content of standards, the Commission should build on the important work already done in the EC Guidelines for hENs under the CPR as of 28/06/2018, which has been presented by the Commission in the framework of the Joint Initiative on Standardisation.

AddedRecital 68: (68) In order to avoid involvement between notified bodies’ staff and the manufacturers, it should be possible for the notified bodies to allow rotation between the personnel carrying out different conformity assessment tasks.

Change 18

RemovedRecital is obsolete because of changes in Article 73.

Change 19

RemovedAlignment with Article 75.

AddedRecital 81: (81) To better serve economic operators, product contact points for construction should become more effective and therefore should obtain more resources. In order to facilitate the work of economic operators, the tasks of product contact points for construction should be fine-tuned and extended so as to include information on product related provisions of this Regulation and on acts adopted in accordance with it. Member States should also raise economic operators’ awareness of the product contact points for construction within their territory.

Change 20

ChangedRecital 81: (81) To84: better(84) serveThe economicregistration operators,of product contact points for construction should become more effectiveinformation andincreases thereforetransparency shouldto obtainthe morebenefit resources.of Insafety orderof toproducts facilitateand the workprotection of economic operators, the tasks ofenvironment productand contacthuman pointshealth forwhile constructionalso shouldreducing beadministrative fine-tunedburden and extended so as to include information oncosts productfor relatedeconomic provisionsoperators. ofAccordingly, thisthe Regulationpower andto onadopt acts adopted in accordance with it. TheArticle Member291 StatesTFEU should alsobe raisedelegated to the economicCommission operators’to awarenessestablish ofa theconstruction digital product contactpassport pointsand fora construction withinproduct theirpassport territory.registry.

Change 21

RemovedThose product contact points were not well known in the past by economic operators.

AddedRecital 87: (87) Business on construction products becomes slowly but steadily more and more international. Hence, situations arise where non-compliances of economic operators based outside the Union need to be countered as well. As third countries hardly are ready to support the enforcement of Union law on their territory where the Union does not in return provide for the possibility to assist them, some provision should be made in this Regulation for the Commission to engage in international cooperation.

RemovedRecital 84: (84) The registration of product information increases transparency to the benefit of safety of products and the protection of the environment and human health while also reducing administrative burden and costs for economic operators. Accordingly, the power to adopt acts in accordance with Article 291 TFEU should be delegated to the Commission to establish a centralised Union construction products database or system. At this point in time it is not possible to assess the advantages and disadvantages of possible solutions, the Commission should thus be empowered to pursue any of these paths, as appropriate.

AddedRecital 88: (88) A certain number of third countries applies Union product legislation or at least recognises certificates issued in accordance with it, be it on the basis of international agreements or unilaterally, both being in the interest of the Union. In order to give these third countries an incentive to continue this practice and other third countries to do the same, certain additional possibilities should be provided to third countries applying Union product legislation or recognising certificates issued in accordance with it. For this reason, it should be possible, after consultation with Member States, to support these particularly cooperative third countries by allowing them to participate in certain trainings and to participate in the EU construction products database, to the information system for harmonised decision-making and to the information exchange amongst authorities. Moreover, for the same reason, it should be possible to inform these particularly cooperative third countries about non-compliant or risky products.

RemovedAlignment with Article 78.

AddedRecital 90: (90) In order to enhance the use of sustainable construction products whilst avoiding market distortions and to reach alignment with the Ecodesign for Sustainable Products Regulation, Member States’ public procurement practice should target the most sustainable amongst the compliant products. Requirements applicable to public procurement contracts that are specifically tendered as green public procurement contracts set out in delegated acts should be established by the Commission based on objective, transparent and non-discriminatory criteria, taking into consideration the specific constraints of small local authorities and the needs of SMEs.

Change 22

RemovedAlignment with changes in Article 33, Article 49, Article 78.

AddedRecital 98: (98) In order to ensure a high level of compliance with this Regulation, Member States should lay down rules on penalties applicable to non-compliances and ensure that those rules are enforced. The penalties provided for should be effective, proportionate and dissuasive.

RemovedRecital 94: (94) The Commission should be empowered to adopt delegated acts where, in duly justified cases relating to human health or safety or the protection of the environment, imperative grounds of urgency so require.

RemovedAlignment with changes in Article 7.

RemovedRecital 98: (98) In order to ensure a high level of compliance with this Regulation, Member States should lay down rules on penalties applicable to non-compliances and ensure that those rules are enforced. The penalties provided for should be effective, proportionate and dissuasive. In order to ensure these goals and harmonised penalties, the Commission should be empowered to develop harmonised criteria or guidance. Those criteria should at least cover the types of infringements laid down in this Regulation.

RemovedAlignment with changes in Article 90.

Change 23

RemovedRecital is obsolete, as Article 93 (4), to which the recital refers, has been deleted.

AddedArticle 1 – paragraph 1 – introductory part: This Regulation establishes harmonised rules for the placing and making available on the market of construction products, regardless of whether undertaken in the framework of a service or not, by establishing:

Change 24

ChangedArticle 1 – paragraph 1 – introductory part: Thispoint Regulationa: establishes(a) harmonised rules for theon makinghow availableto onexpress the market ofenvironmental, constructionincluding products,life regardlesscycle ofassessment whetherand undertakensafety inperformance theof frameworkconstruction ofproducts ain servicerelation orto not,their byessential establishing:characteristics;

Change 25

RemovedAvoiding that construction companies could be inadvertently understood as manufacturers; Addition of "direct installation" unnecessarily increases the administrative burden; The inclusion of "direct installation" undermines the legislative competence of the Member States.

RemovedArticle 1 – paragraph 1 – point a: (a) harmonised rules on how to express the environmental and safety performance of construction products in relation to their essential characteristics;

RemovedExpress mention of environment superfluous.

Change 26

RemovedExpress mention of climate superfluous.

AddedArticle 1 – paragraph 2: This Regulation also establishes obligations incumbent on economic operators dealing with construction products or their components or with double use products, including the de-installation and reuse of those products.

RemovedArticle 1 – paragraph 2: This Regulation also establishes obligations incumbent on economic operators dealing with construction products or their components.

AddedArticle 1 – paragraph 2 a (new): This Regulation contributes to the efficient functioning of the internal market by ensuring the free movement of safe and sustainable construction products in the Union and to the objectives of a green and digital transition by preventing and reducing the impact that construction products have on the environment and on the health and safety of people.

RemovedClarification of scope of application.

Change 27

AddedArticle 2 – paragraph 1 – subparagraph 1 – point b: deleted

Change 28

RemovedConstruction products manufactured on the construction site for immediate incorporation are covered by member states regulatory requirements for construction works. These requirements are imposed using the same technical specifications. Imposing a CE marking on those products will cause unnecessary burden. Even if factory production control (FPC) system can be done on site it creates a huge burden. None of the existing harmonised technical specifications provide for appropriate FPC requirements that can be used on site. In addition, construction sites are rarely cross border thus there is no need to remove barriers to trade..

Change 29

RemovedKits are construction products by definition. Assemblies are installed or assembled kits and thus constitute works.

Change 30

RemovedAvoidance of fragmentation of the market.

Change 31

RemovedAvoidance of fragmentation of the market.

AddedArticle 2 – paragraph 2 – point b: (b) the economic operator has changed the intended use of those used construction products or items from the intended use assigned to those construction products or items by the initial manufacturer in another way than by a reduction in terms of performance or intended uses or to mere “decoration” purposes;

RemovedArticle 2 – paragraph 2 – point b: (b) the economic operator has changed the intended use of those used construction products or items from the intended use assigned to those construction products or items by the initial manufacturer in another way than by a reduction in terms of performance or intended uses or to mere "decoration" purposes;

AddedArticle 2 – paragraph 2 – point d a (new): (da) the economic operator is placing a used construction product on the market for the first time;

RemovedSimplification: We added "decoration"-purposes to the definitions.

AddedArticle 2 – paragraph 2 – point d b (new): (db) obligations of economic operators de-installing or dealing with used products for reuse are not fulfilled;

Change 32

ChangedArticle 2 – paragraph 3 – point b: (b) the hygiene-related quality of boilers, pipes, tanks and ancillaries and other products intended to be in contact with water for human consumption;

Change 33

RemovedInclusion not necessary since sanitary appliances are already covered by the Drinking Water Directive.

AddedArticle 2 – paragraph 3 – point e: deleted

Change 34

ChangedArticle 2 – paragraph 3 – point e a (new): (ea) lighting products subject to Commission Regulation (EU) 2019/2020 and lighting products subject to delegated acts under the Regulation establishing a framework for setting ecodesign requirementsDirectives for2014/35/EU, sustainable2014/53/EU productsor [ESPR].2001/95/EC;

Change 35

RemovedLighting products are not permanently integrated into buildings, as they can easily be replaced; They are not safety critical, as they comply with existing EU regulations (for example existing EU laws on mechanical effects, fire resistance or the emission of hazardous substances into buildings); They are already covered by the Ecodesign Regulation.

AddedArticle 2 – paragraph 3 – point e b (new): (eb) electrical and electronic products subject to Directives 2014/35/EU, 2014/30/EU, 2014/53/EU, RoHs Directive or the [XXX] Ecodesign for Sustainable Products Regulation.

Change 36

RemovedThis regulation applies to products and not services.

AddedArticle 2 – paragraph 5: 5. Member States may exempt from the application of this Regulation construction products covered by this Regulation that are placed on the market in the outermost regions of the European Union in the meaning of Article 349 of the Treaty on the Functioning of the European Union. Member States shall notify to the European Commission and to the other Member States the regulations providing such exemptions. They shall ensure that exempted construction products do not bear the CE marking in accordance with Article 16. Construction products placed on the market on the basis of such exemption shall not be deemed to be placed on the market in the Union in the meaning of this Regulation.

Change 37

ChangedArticle 23 – paragraph 5: 5. Member States may exempt1 from– thepoint application1: of(1) this‘construction Regulationproduct’ constructionmeans productsany andproduct itemsor covereda bykit thiswhich Regulationis thatproduced areand placed on the market or directly installedsupplied into the outermost regions ofconstruction thesite Europeanfor Unionincorporation in the meaning of Article 349 of the Treaty on the Functioning of the European Union. Member States shall notify toa thepermanent Europeanmanner Commissionin andconstruction toworks theor otherparts Memberthereof Stateswithin the regulations providing such exemptions. They shall ensure thatUnion, exemptedincluding construction3D-printed products or items doother notitems bearcovered theby CEthis markingRegulation in accordance with Article 16. Construction products or items placed on the market on the basis of such exemption shall not be deemed2(1) to be placed on the market in the Union in the meaning of this Regulation.(3);

Change 38

ChangedArticle 3 – paragraph 1 – point 1: (1)2: ‘construction(2) product’‘permanent’ means any productinstalled or a kitaffixed whichin issuch produceda ormanner placedthat onit themay marketsignificantly oraffect suppliedthe tobasic thework constructionrequirements siteand forthat incorporationit inis aintended permanentto mannerremain in the construction workswork or parts thereof withinand thecannot Union,be includingremoved 3D-printedwithout productstools or other items coveredmechanical byforce thisafter Regulationthe incompletion accordanceof withthe Articleconstruction 2(1)or torenovation (3);process;

Change 39

RemovedExtending the definition of the term “construction product” to its packaging and all other related requirements related to packaging is neither comprehensible nor reproducible or justified. It may lead to an excessive administrative burden for all market participants without discernible benefit in the production or supply chain nor for the end consumer. Including packaging in the definition could also lead to conflicts with existing European and national legislation such as the EU-Packaging Directive 94/62/EC. For simplification reasons we also suggest to merge construction products and product definitions.

RemovedArticle 3 – paragraph 1 – point 2: (2) ‘permanent’ means installed or affixed in such a manner that may significantly affect the basic work requirements and that the item cannot be removed without tools or mechanical force;

RemovedAvoidance of reduction of flexibility and administrative burden.

Change 40

RemovedWe have merged this definition with the definition of construction product , as there is no reason why a distinction between the two is necessary.

Change 41

ChangedArticle 3 – paragraph 1 – point 7: (7) ‘essential characteristics’ means those characteristics of the product which relate to the basic requirements for construction works as set out in Annex I Part A Point 1 or the environmental characteristics which have been listed in Annex I Part A Point 2;B;

Change 42

ChangedArticle 3 – paragraph 1 – point 8: (8) ‘product requirements’ means a threshold level or another characteristic with which a product has to comply before it can be placed on the market, covering the directly applicable general product requirements set out in Annex I Part DC 1 and theC product2, specificand requirementsspecified laidin downaccordance inwith AnnexArticle I5, Partwith Bwhich anda Cconstruction andproduct specifiedhas into accordancecomply withbefore Articleit 5(2);can be placed on the market;

Change 43

RemovedClarification by specifying where in the Annex these product requirements can be found.

AddedArticle 3 – paragraph 1 – point 9: (9) ‘economic operator’ means the manufacturer, the authorised representative, the importer, the distributor, the fulfilment service provider, the manufacturer, importer or distributor of materials intended for 3D-printing of products, online seller, the broker, the supplier, the service provider, the own-brand-labeller or any other natural or legal person who is subject to this Regulation in relation to the manufacturing, de-installation for re-use, re-manufacturing of products, or making those products available on the market in accordance with this Regulation; / (deleted)

RemovedArticle 3 – paragraph 1 – point 9: (9) ‘economic operator’ means the manufacturer, the authorised representative, the importer, the distributor, the fulfilment service provider, the 3D-printing service provider, manufacturer, importer or distributor of materials intended for 3D-printing of products, online seller, the broker, the supplier, the service provider, the own-brand-labeller or any other natural or legal person, who is subject to this Regulation in relation to the manufacturing, de-installation for re-use, re-manufacturing of products, or making those products available on the market in accordance with this Regulation; / (deleted)

AddedArticle 3 – paragraph 1 – point 10: deleted

RemovedArticle 3 – paragraph 1 – point 10: (10) ‘3D-printing service provider’ means any natural or legal person offering, in the course of a commercial activity, one of the following services: renting or leasing out 3D-printers, printing a construction product on the basis of 3D-printing datasets, or brokering one of these services, regardless of whether the printing material is provided by that person or not;

RemovedClarification.

Change 44

RemovedClarification; Definition brings no added value.

AddedArticle 3 – paragraph 1 – point 16: (16) ‘level’ means the expression of performance without a classification of potential performance or a specified minimum or maximum;

Change 45

ChangedArticle 3 – paragraph 1 – point 16:17: (16)(17) ‘level’‘class’ means thean expression of performance withoutwithin a classificationsystematic division of potential performances and/or a specified minimum or maximum;performances;

Change 46

RemovedCharacteristics such as dimensions are expressed in single values or binary terms, such as "pass" or "fail", whereas other characteristics are expressed as a minimum or maximum performance, such as strength. This amendment aims to reflect this.

RemovedArticle 3 – paragraph 1 – point 17: (17) ‘class’ means an expression of performance according to a systematic division of potential performances;

Change 47

RemovedAvoidance of confusion due to the similarities with the definition of "kit".

Change 48

RemovedThe definition suggested assumes that manufacturers can foresee the needs of users at the end of the supply chain, even though they may vary from Member State to Member State because of traditions and conditions at regional/local levels. This would hinder the functioning of the internal market.

AddedArticle 3 – paragraph 1 – point 26: (26) ‘repair’ means the process of fixing a faulty product or replacing its defective components, in order to return the product to a condition where it can fulfil its intended use;

AddedArticle 3 – paragraph 1 – point 27: (27) ‘maintenance’ means an action carried out to retain a product in a condition where it is able to function as specified;

AddedArticle 3 – paragraph 1 – point 31: (31) ‘product type’ means the abstract model of individual products, defined by the same set of declared performances;

Change 49

RemovedThe suggested extremely high new compliance standard appears unbalanced and difficult to meet in practice. “State of the art” should be defined along a more practice-oriented line that reflects the realities of the sector and of member state practice.

AddedArticle 3 – paragraph 1 – point 38: (38) ‘harmonised zone’ means the sphere jointly covered by this Regulation, the harmonised technical specifications, and Commission acts of general applicability related to construction products adopted pursuant to this Regulation;

RemovedArticle 3 – paragraph 1 – point 38: (38) ‘harmonised zone’ means the sphere jointly covered by this Regulation, the harmonised technical specifications, and the Commission acts of general applicability related to the construction products adopted pursuant this Regulation;

RemovedClarification.

Change 50

RemovedThis definition is superfluous and brings no added value.

AddedArticle 3 – paragraph 1 – point 42: (42) ‘individually manufactured’ means that, due to the specifications of the client, there is a need for readjustment of the production equipment for the manufacture when compared with all other products produced for other clients by the economic operator in question;

RemovedArticle 3 – paragraph 1 – point 46 a (new): (46a) ‘QR code’ means a matrix barcode that links to a website which is stable both for its content and the address (“URL”);

AddedArticle 3 – paragraph 1 – point 44: deleted

RemovedArticle 3 – paragraph 1 – point 48: deleted

AddedArticle 3 – paragraph 1 – point 45 a (new): (45a) ‘data carrier’ means a linear bar code symbol, a two-dimensional symbol or other automatic identification data capture medium that can be read by a device;

Change 51

RemovedThis definition is redundant and brings no added value.

Change 52

RemovedThis is redundant and brings no added value.

Change 53

ChangedArticle 3 – paragraph 1 – point 71 a (new): (71a) ‘decoration‘decorative purposes’ means purposes defined by the absence of any structural function or basic requirements for the construction works.works as listed in Annex I;

Change 54

RemovedIncrease clarity.

AddedArticle 3 – paragraph 1 – point 71 b (new): (71b) ‘by-product’ means a ‘by-product’ within the meaning of Article 5 of Directive 2008/98/EC;

RemovedArticle 4 – paragraph 1: 1. The basic requirements for construction works, set out in Annex I Part A shall constitute the basis for the identification of essential characteristics of construction products. The essential characteristics of construction products shall be identified by the Commission, taking into account the regulatory needs of the Member States. The identified essential characteristics, together with the essential environmental characteristics listed in Annex I Part B, shall form the basis for the preparation of standardisation requests and harmonised technical specifications.

AddedArticle 3 – paragraph 1 – point 71 c (new): (71c) ‘recyclability’ means the ability of waste materials or products to be effectively and efficiently separated, collected, sorted and aggregated as defined waste streams in preparation for recycling, and then recycled through relevant industrial processes and reprocessed into recycled materials or products, whilst minimising quality or functionality losses compared to the original material or product.

RemovedClarifies what the annex is about and the procedural steps.

AddedArticle 4 – paragraph 1: 1. The basic requirements for construction works, set out in Annex I Part A shall constitute the basis for the identification of essential characteristics of construction products. The essential characteristics of construction products shall be identified by the Commission, taking into account the regulatory needs of the Member States and Union safety, environmental, circularity and climate objectives. The essential characteristics identified, together with the essential environmental characteristics listed in Annex I Part B, shall form the basis for the preparation of standardisation requests and harmonised technical specifications.

Change 55

ChangedArticle 4 – paragraph 2 – subparagraph 1: The essential characteristics identified in accordance with paragraph 1 or the essential environmental characteristics listed in Annex I Part B and the methods for their assessment shall be laid down in standards whichwhich, for the purposes of the application of this RegulationRegulation, are rendered mandatory by means of delegated acts referred to in the thirdArticle subparagraph.6a(9).

Change 56

RemovedClarifies characteristics and procedural steps.

AddedArticle 4 – paragraph 2 – subparagraph 2: For the purposes of the first subparagraph, the Commission shall issue standardisation requests in accordance with Article 10 of Regulation (EU) 1025/2012 laying down the basic principles and corner stones for the establishment of these essential characteristics and their assessment methods. These standardisation requests may include a request to determine the threshold levels and classes of performance in relation to these essential characteristics and which of the essential characteristics may or shall be declared by manufacturers. In that case, the Commission shall determine the requirements to be met for the establishment of the threshold levels, classes of performance and mandatory characteristics in the standardisation request.

Change 57

ChangedArticle 4 – paragraph 2 – subparagraph 2: For the purposes of the first subparagraph, the2 Commissiona shall(new): issueThe standardisation requests in accordance with Article 10 of Regulation (EU) 1025/2012 laying down the basic principles and corner stones forconcerning the establishmentdetermination of these essential characteristics and their assessment methods. These standardisation requests may include a request to determine the threshold levels and classes of performance inshall relationbe toaccompanied theseby essentialan characteristicsimpact andassessment, whichin accordance with paragraph 13 of the essentialInterinstitutional characteristicsAgreement mayof or13 shallApril be2016 declaredon byBetter manufacturers.Law-Making.

Change 58

ChangedArticle 4 – paragraph 2 – subparagraph 2 ab (new): TheseThe Commission shall issue standardisation requests to lay down specific requirements as regards essential characteristics for used construction products.These standardisation requests shall be issued in accordanceline with the working plan established in accordance with Article 93a.

Change 59

RemovedArticle 4 – paragraph 2 – subparagraph 2 b (new): Where the Commission considers that a standard delivered pursuant to a request made in accordance with the first subparagraph fully meets such standardisation request, it shall adopt a delegated act in accordance with Article 87 to supplement this regulation by incorporating that standard.

RemovedThe current lack of duly published standards calls for added transparency and speed in the publication of standards.

Change 60

RemovedAvoidance of redundancies.

AddedArticle 4 – paragraph 3 – introductory part: 3. While priority shall be given to the elaboration of standards, the Commission is empowered to adopt delegated acts in accordance with Article 87, supplementing this Regulation by establishing, for particular product families and categories, voluntary or mandatory essential characteristics and their assessment methods where no harmonised standard covering the relevant essential characteristics has been delivered pursuant to a request made in accordance with the first subparagraph of paragraph 2 of this Article and no such standard is expected to be delivered within a reasonable time and, in addition, any of the following conditions is fulfilled:

RemovedArticle 4 – paragraph 3 – introductory part: 3. While priority shall be given to the elaboration of standards, the Commission is empowered to supplement this Regulation by means of delegated acts in accordance with Article 87, and after consultation of the relevant European standardisation organisations and European stakeholder organisations receiving Union financing under Regulation (EU) No 1025/2012, by establishing, for particular product families and categories, mandatory essential characteristics and their assessment methods in any of the following cases:

AddedArticle 4 – paragraph 3 – point -a (new): (-a) the Commission has requested one or more European standardisation organisations to draft a harmonised standard for the requirements and the request has not been accepted by any of the European standardisation organisations;

Change 61

ChangedArticle 4 – paragraph 3 – point a: (a) there are undue and unjustified delays in the adoption of certain standards referred to in the first subparagraph of Article 4(2)by4(2) by the European standardisation organisations, whilst an undue delay is given where the European standardisation organisation does not submit a standard within threethe time frame set out in the request but not longer than 2 years after having received the standardisation request;

Change 62

RemovedIn order to speed up the publication of standards, clear timeframes is necessary. According to DIN, 2 years is the minimum amount of time needed for the creation of a standard.

AddedArticle 4 – paragraph 3 – point b: deleted

RemovedArticle 4 – paragraph 3 – point a a (new): (aa) the standardisation request has not been accepted by any of the European standardisation organisations;

AddedArticle 4 – paragraph 3 – point c: (c) one or more essential characteristics referring to basic work requirements set out in Annex I Part A or included in Annex I Part B are not covered by the standards referred to in the first subparagraph of Article 4(2) the references of which are already published in the Official Journal and the European standardisation organisations refused to revise or amend the relevant standard in due time;

Change 63

RemovedAvoidance of legal uncertainties. It is unclear under what circumstances the main route (standardisation via the European Standardisation Organisations) can be circumvented under this paragraph.

AddedArticle 4 – paragraph 3 – point d a (new): (da) there is a need to revise or amend the standard referred to in the first subparagraph of Article 4(2) in order to cover the regulatory needs of Member States, or to align with the Union safety, environmental, circularity and climate objectives, and the European standardisation organisations refused or were unable to revise or amend the relevant standard in due time;

Change 64

ChangedArticle 4 – paragraph 3 – point f: (f) there is a need to adapt standardsa standard or part of it which havehas been establishedadopted by a European standardisation organisationsorganisation but which cannot be published in the Official Journal;Journal in accordance with Article 6a(8);

Change 65

RemovedAlignment with the new Art. 34 (4), which allows COM to update draft standards that can't be cited because of technical or legal issues due to the old COM mandates.

AddedArticle 4 – paragraph 3 – point g: deleted

Change 66

ChangedArticle 4 – paragraph 4 – introductory part: 4. While priority shall be given to the elaboration of standardsstandards, the Commission is empowered to adopt delegated acts in accordance with Article 87 supplementing this Regulation in order to cover the urgent regulatory needs of Member States and to pursue the environmental, safety objectives and harmonisation goals of Article 114 of the Treaty on the Functioning of the European Union, the Commission is empowered to supplement this Regulation, by means of delegated acts in accordance with Article 87,Union,. afterIn consultationsuch ofcase, the relevant European standardisation organisations and European stakeholder organisations receiving Union financing under Regulation (EU)Commission Nomay 1025/2012,determine bythe determining,following for particularspecific product families and categories, the following:categories:

Change 67

RemovedAlignment with Article 4 (3); It is not clear why the procedure for threshold settings should be different comparing to the procedure for the essential characteristics; Environment and safety are not the goals of Article 114 of the TFEU.

AddedArticle 4 – paragraph 4 a (new): 4a. Before preparing a delegated act, the Commission shall inform the committee referred to in Article 22 of Regulation (EU) No 1025/2012 that it considers the conditions set out in paragraph 3 and 4 to be fulfilled.

RemovedArticle 4 – paragraph 5: deleted

AddedArticle 4 – paragraph 4 b (new): 4b. When preparing the delegated act, the Commission shall consult the relevant European standardisation organisations and European stakeholder organisations receiving Union financing under Regulation (EU) No 1025/2012.

RemovedThis empowerment it too far-reaching. It is impossible to tell what direction these amendments might take.

AddedArticle 4 – paragraph 4 c (new): 4c. Where a harmonised standard is adopted by a European standardisation organisation and is rendered mandatory by means of a delegated act referred to in Article 6a(9), the Commission shall repeal the delegated acts referred to in paragraphs 3 or 4 of this Article, or those parts thereof that cover the same requirements.

Change 68

ChangedArticle 54 – paragraph 1:5: 1.5. The Commission is empowered to supplement this Regulation, by means ofadopt delegated acts in accordance with Article 87, by specifying for the respective product family or87 category,amending productAnnex requirementsI, laidPart downA in Annex Iorder Partto Bcomply andwith C.the /standardisation Productspriorities shallestablished onlypursuant beto placedArticle on93a(2), theto marketadapt ifit theyto complyreflect withtechnical theprogress productand requirementsto setcover outnew inrisks thisand delegatedenvironmental act.aspects.

Change 69

RemovedIncrease clarity by spelling out exactly what paragraph (2) does.

AddedArticle 4 a (new): Article 4a / Product information requirements / All construction products covered by this Regulation shall, prior to their placing on the market, satisfy the product information requirements set out in Annex I Part C3. / The product information requirements set out in Annex I Part C3 may be specified for the respective product family or category by means of delegated acts adopted by the Commission in accordance with Article 87 or by means of standards following a standardisation request made by the Commission pursuant to Article 4(2). / The product information requirements laid down in Annex I Part C3 shall be provided for all construction products on the product packaging or attached in accordance with Article 21(5). For the construction products covered by harmonised technical specification information requirements shall be available via the digital product passport.

Change 70

ChangedArticle 5 – paragraph 2:1: 2.1. WhenThe specifyingCommission theis productempowered requirementsto setadopt outdelegated acts in Annexaccordance Iwith PartArticle B,87, C,supplementing thethis CommissionRegulation mayby define,specifying for particular product families and categories, which of these product requirements shall apply tothe thisrespective product family or category and lay down the corresponding assessment methods. Once the Commission has specified thesecategory, product requirements by delegated acts, it shall issue standardisation requests which aim at the elaboration of harmonised standards providing presumption of conformity with these mandatory product requirements. In the event that there is no harmonised standard, the Commission shall establish clear guidelines for manufacturerslaid ondown howin toAnnex demonstrateI conformityPart withC1 productand requirements.C2.

Change 71

RemovedClarification and creation of a unambiguous procedure for demonstrating conformity with product requirements.

AddedArticle 5 – paragraph 1 – subparagraph 1 a (new): Prior to their placing on the market, construction products covered by this Regulation shall satisfy the product requirements specified in such delegated acts.

RemovedArticle 5 – paragraph 3: deleted

AddedArticle 5 – paragraph 2: 2. When specifying the product requirements set out in Annex I Parts C1 and C2 in accordance with paragraph 1 of this Article, the Commission may define, for particular product families and categories, which of these product requirements shall apply to that product family or category and lay down the corresponding assessment methods. Once the Commission has specified those product requirements by delegated acts, it shall issue standardisation requests which aim at the elaboration of harmonised standards providing presumption of conformity with these mandatory product requirements. In the event there is no harmonised standard, the Commission shall establish clear guidelines for manufacturers on how to demonstrate conformity with product requirements.

RemovedThis empowerment is too far-reaching. It is impossible to tell what direction these amendments might take.

AddedArticle 5 – paragraph 3: 3. The Commission is empowered to adopt delegated acts in accordance with Article 87 amending Annex I Part B, C and D in order to comply with the standardisation priorities established pursuant to Article 93a(2), to adapt it to technical progress and to cover new risks and environmental aspects.

Change 72

ChangedArticle 6 – paragraph 1: 1. In order to apply a tailor-made approach and to minimise the potential burden on manufacturers whilst ensuring a high level of protection of health, safety and the environment, the Commission is empowered to supplement this Regulation by means of delegated acts in accordance with Article 87, by determining for each product family or category which of the applicable assessment and verification systemsystems among those set out in Annex V shallare to be used. It may also determine different assessment and verification systems to the same product family or category when differentiating by essential characteristic or product requirement.

Change 73

ChangedArticle 6 – paragraph 1 a (new): 1a. Assessment and verification measuressystems shall be defineddetermined together with harmonised technical specifications depending on the intended use and on the basis of clear, comprehensible and transparent criteria. The potential damage resulting from product deficiencies, the change in performance in the event of slightly deviating production conditions, the susceptibility to errors in the manufacturing process and the question of how easily manufacturing errors can be recognised shall be taken into account.

Change 74

RemovedThe monitoring of construction products is of decisive importance for ensuring safety. It is therefore all the more important that the assessment and testing systems are defined according to clear, transparent and comprehensible criteria. In Article 6 however, selection criteria for the determination of the assessment and verification systems are completely missing and could thus lead to non-transparent determinations within the framework of delegated acts.

Change 75

RemovedThere is no such concept as systematic non-compliance in the regulation; Avoidance of uncertainties for businesses.

AddedArticle 6 a (new): Article 6a / Construction products standards / 1. Construction products standards shall be established by the European standardisation organisations on the basis of a standardisation request issued by the Commission. / 2. The Commission shall adopt implementing acts laying down a clear and stable set of rules for the whole standardisation process including roles, responsibilities, competences and the general procedural deadlines for all stakeholders involved as well as templates to be used. / Those implementing acts shal be adopted no later than [1 year after entry into force of this Regulation]. / Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 88(1). / 3. At the request of a European standardisation organisation, the Commission may provide an administrative support in setting up an internal legal division within the European standardisation organisation tasked with the legal proofreading of standards and ensuring the coherence and legal flawlessness of standards. / 4. Construction products standards laid down in the implementing acts referred to in Article 4(2) shall be of mandatory application for the purposes of this Regulation from 12 months after the publication of the delegated acts adopted pursuant to paragraph 9 of this Article. They may be voluntarily applied on request of the manufacturer from the date of that publication. They shall provide the methods and the criteria for assessing the performance of the p…

Change 76

ChangedArticle 7 – paragraph 1: 1. The harmonised zone shall be presumed to be comprehensive, covering all potentialexisting and future legal requirements for construction products.

Change 77

Removed"construction product" is a defined term, so the addition of "covered by this Regulation" is redundant and might in fact reduce the legal certainty of the text.

Change 78

RemovedThis prohibition of additional requirements in public procurement is very far-reaching and could lead to considerable restrictions in public procurement. If an architect envisages a building with certain materials, colours or shapes, the contracting authority/builder would only be allowed to demand these properties when purchasing the products if they are covered by harmonised standards. Since harmonised standards can never cover all properties, the contracting authority would probably have to remain silent on this. This cannot be the right outcome. It is necessary that the scope of the harmonised zone or the final harmonisation is clearly limited and/or the scope of this effect for public procurement is restricted.

AddedArticle 7 – paragraph 3: 3. Member States shall communicate to the other Member States and to the Commission the essential characteristics they require for each product family or category, the respective product requirements and the assessment methods they apply. In order to facilitate this communication, Member States shall register in the Single Digital Gateway all their national regulatory and administrative measures directly or indirectly influencing the usability of construction products on their territory.

RemovedArticle 7 – paragraph 3: 3. Member States shall communicate to the other Member States and to the Commission the essential characteristics they require for each product family or category, the respective product requirements and the assessment methods they apply. In order to facilitate this communication, Member States shall register all their national regulatory, and administrative measures that directly or indirectly influence the usability of construction products on their territory, in the Single Digital Gateway.

AddedArticle 7 – paragraph 4: 4. Where a Member State deems it necessary, including in urgency situations, on imperative grounds of health, safety or the protection of persons as well as the protection of the environment, including climate, to establish requirements by regulation, or to take administrative measures in derogation of paragraph 2, it shall notify the Commission thereof, justifying the need for the procedural obligations established and explain the regulatory need it aims to address and provide evidence both for the existence of the regulatory need and the lack of coverage by the harmonised zone and other Union law. Member States shall to that end use the notification procedure under Directive (EU) 2015/1535, where applicable.

RemovedClarification and Avoidance of redundancies.

AddedArticle 7 – paragraph 5 – subparagraph 1 – introductory part: The Commission shall adopt delegated acts in accordance with Article 87 supplementing this Regulation to, by authorising the national measure notified under paragraph 4 of this Article where:

Change 79

ChangedArticle 7 – paragraph 5 – subparagraph 2: Those delegated acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).deleted

Change 80

RemovedThis subparagraph is redundant.

Change 81

RemovedMoved to Article 7 - paragraph 3.

AddedArticle 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:

RemovedArticle 7 a (new): Article 7a / Construction products standards / 1. Construction products standards shall be established by the European standardisation organisations on the basis of a standardisation request issued by the Commission. / 2. The Commission shall provide legally binding criteria on how the standards drawn up by the European standardisation organisations should be structured in terms of content and form by means of implementing acts. / Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 88(1) no later than [1 year after entry into force]. / 3. Upon request by a European standardisation organisation, the Commission may provide an administrative support in setting up an internal legal division within the European standardisation organisation tasked with the legal proofreading of standards and ensuring the coherence and legal flawlessness of standards; / 4. Construction products standards developed pursuant to Article 4(2) shall be of mandatory application for the purposes of this Regulation as of six months after the publication in the Official Journal of the delegated acts incorporating them in accordance with that paragraph, but may be voluntarily applied on the request of the manufacturer as from the date of that publication. They shall provide the methods and the criteria for assessing the performance of the products in relation to their essential characteristics. These standards shall, where appropriate and without endangeri…

AddedArticle 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.

RemovedPrevent further backlog of standards by introducing legally binding criteria or guidelines, meant to ensure the high quality of the standard; Increase transparency and cooperation; Speed up norm-creating process; Improve information flow between COM and CEN/CENELEC.

AddedArticle 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.

Change 82

RemovedExtension of liability is unnecessary.

AddedArticle 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;

RemovedArticle 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, and installed in a single identified construction work, 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;

AddedArticle 10 – paragraph 1 – point b: deleted

RemovedArticle 10 – paragraph 1 – point b: (b) the product is manufactured on the construction site, in a non-series process for its incorporation in the respective 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; or

Change 83

RemovedConstruction works are not in the scope of the Regulation.

AddedArticle 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.

RemovedArticle 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 of this model.

AddedArticle 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.

RemovedAvoidance of confusion.

AddedArticle 12 – paragraph 2: 2. Where there is no declaration of performance available for a used product issued by the initial manufacturer or another economic operator pursuant to this Regulation or Regulation (EU) 305/2011, an economic operator may issue a new declaration of performance without undergoing a full procedure in accordance with this Regulation where it limits the intended use to decorative purposes. Where the economic operator has used this derogation, the declaration of performance shall be labelled “declaration of performance for used product for decorative purposes” .

Change 84

ChangedArticle 12 – paragraph 4: 4. Paragraphs 1 to 3 shall also apply to remanufactured products, if the transformative process,process does not jeopardise the compliance with the performance of the product in relation to the relevant characteristics. Where the economic operator has used this derogation, the declaration of performance shall be labelled “declaration of performance for re-manufactured product”.

Change 85

RemovedAvoidance of redundancies.

Change 86

AddedArticle 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.

Change 87

RemovedArticle 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, and this even where it did not act negligently. 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.

AddedArticle 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;

RemovedAvoidance of redundancies.

AddedArticle 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.

AddedArticle 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.

Change 88

RemovedThe reference to Article 11 is not necessary since both declarations should be combined.

AddedArticle 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.

Change 89

ChangedArticle 15 – paragraph 2 – subparagraph 1: Where theThe declaration is provided by electronic means,means theshall manufacturerbe shallissued issueby thatthe declarationmanufacturer in a commonly machine readable,machine-readable, but unamendable electronic format. To/ ensureThe Commission shall issue standardisation requests which aim at the availabilityelaboration of informationstandard overformats time,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 QR-Codedata carrier provided that the permalink or QR-Codedata carrier and the document accessible via the permalink or QR-Codedata carrier are unamendable. Commission Delegated Regulation (EU) No 157/201446 shall apply under this Regulation.

Change 90

ChangedArticle 16 – paragraph 2: 2. The CE marking shall be affixed to those products for which the manufacturer has drawn up a declaration of performance oror, 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.

Change 91

RemovedThe declaration of conformity can't exist separately from the declaration of performance.

AddedArticle 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).

Change 92

ChangedArticle 16 – paragraph 56 – subparagraph 2:1: A Member StatesState shall not introduceprohibit anyor referencesimpede, within its territory or shallunder withdrawits anyresponsibility, referencesthe inmaking nationalavailable measureson tothe amarket markingor attestingthe conformityuse withof requirementsproducts orbearing essentialthe characteristicsCE unlessmarking, awhen basisthe declared performances correspond to the requirements for such referenceuse wasin laidthat downMember inState. accordanceOnly withthose Art.requirements 7(5).covered by the harmonised zone shall be considered by that Member State.

Change 93

RemovedAlignment with Art. 7 by deleting ambiguous wording regarding labels and restraining member states from unjustified blocking of products.

AddedArticle 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.

RemovedArticle 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 while only those requirements covered by the harmonised zone shall be considered.

AddedArticle 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;

RemovedArticle 17 – paragraph 2 – subparagraph 1 – point d: (d) the unique identification code of the product-type, the permalink or QR-Code to the manufacturer’s products registration(s) in Union databases and the precise location therein where the product can be found;

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

Change 94

RemovedAvoidance of duplication of information, because this is already included in the Declaration of Performance.

AddedArticle 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).

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

Change 95

ChangedArticle 18 – paragraph 2:1: OtherMarkings markingother than markingthe setCE outmarking, byincluding Unionprivate legislationones, may be affixed on a product as longonly asif itthey doesdo not impaironly signify conformity of the visibility,product legibilitywith the declared performance or with the product requirements set out in this Regulation and meaningif those requirements are not mandatory for the marketing or use of a product. Those restrictions do not apply to the CEEU marking.Ecolabel and other officially recognised type I-ecolabels (ISO 14024).

Change 96

RemovedAvoidance of confusion, as it could be understood that no other markings are allowed.

AddedArticle 18 – paragraph 2: Other marking than marking set out by Union legislation may be affixed on a product provided that it does not impair the visibility, legibility and meaning of the CE marking.

AddedArticle 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.

Change 97

RemovedClarification and avoidance of confusion, as this paragraph contradicts Article 70 on non-compliance.

AddedArticle 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:

RemovedArticle 19 – paragraph 3 – subparagraph 1 – introductory part: Any economic operator shall, on request of an authority, communicate any economic operator or other actor to that authority:

Change 98

RemovedAvoidance of confusion, as it is not clear how this is linked with the objectives of this regulation.

AddedArticle 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:

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

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

Change 99

ChangedArticle 19 – paragraph 3 – subparagraph 2 – point ii: (ii) contact detailsdetails, andincluding addresses, email addresses and websites of thesethe operators;operators referred to in the first subparagraph;

Change 100

RemovedAvoidance of unnecessary burdens for companies.

Change 101

RemovedAvoidance of unnecessary burdens for companies.

AddedArticle 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].

RemovedArticle 19 – paragraph 3 – subparagraph 2 – point vi: (vi) names, addresses, contact details of natural or legal persons acting for those operators if relevant.

AddedArticle 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.

RemovedAvoidance of unnecessary burdens for companies.

AddedArticle 19 – paragraph 5 – subparagraph 1: deleted

Change 102

RemovedThis article is not necessary, procedural rights of Economic Operators are addressed in Article 18 of market surveillance regulation.

Change 103

RemovedAvoidance of confusion. Assessment Systems are not used to determine the product type and it is unclear what is meant by "processed".

AddedArticle 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)

RemovedArticle 21 – paragraph 2: deleted / (deleted) / (deleted)

AddedArticle 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.

RemovedUnnecessary, not included in the current CPR.

AddedArticle 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.

Change 104

ChangedArticle 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 II, Part DC3 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.

Change 105

RemovedReduction of bureaucratic burden for micro-enterprises.

AddedArticle 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.

Change 106

ChangedArticle 21 – paragraph 6 – subparagraph7: 2:7. The Commission shall, bymanufacturer meansshall ofupload implementingthe actsdata determineof the electronicdeclaration formatof andperformance, of the waydeclaration of transmissionconformity, ofthe information referred to bein providedparagraph by6 in the manufacturerconstruction digital product passport and construction product passport registry established in accordance with the firstChapter subparagraph.IXa.

Change 107

RemovedTo facilitate digitalization of the construction sector, it is important, that the information contained in the DoP is provided in a machine-readable format that can be used with BIM and other applications, including digital building logbooks; to this end, the Commission needs to specify a common electronic format.

AddedArticle 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.

RemovedArticle 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 and the technical documentation in the EU product database established in accordance with Article 78.

AddedArticle 22 – paragraph 2 – subparagraph 1 – point a – introductory part: (a) design and manufacture products and their packaging in such a way that the protection of human health and their overall environmental sustainability are maximised, including for climate and biodiversity, as well as energy and resource efficiency, indoor air quality and the avoidance of substances of concern unless a lower level:

RemovedArticle 21 – paragraph 9: 9. Where the product presents a risk, the manufacturer shall inform the authorised representative, 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 the final user or consumer, that cannot be identified or contacted directly. The manufacturer shall through media and other appropriate channels, ensuring the widest possible reach, disseminate the 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.

AddedArticle 22 – paragraph 2 – subparagraph 1 – point a a (new): (aa) under the conditions set out in point (a)(i) and (ii) of this Article, ensure that, where technically and economically feasible and without impacting the safety of construction works, by 10 years after the adoption of performance classes in accordance with Article 4(4), point (a), or Article 5(2), all products placed on the market fall within the two highest environmental performance classes established;

Change 108

ChangedArticle 23 – paragraph 5: 5. Where an authorised representative identifies a non-compliance mentioned in the paragraph 4, the authorised representative shall ask the manufacturer to remedy the non-compliances. The manufacturer shall thereon stop the placing on the market and ask other economic operators involved in the distribution to stop their commercial activities, until the non-compliance is remedied.

Change 109

RemovedThe deadline of 1 month is very arbitrary, and the rest of the sentence concerns the market surveillance authorities and not the authorized representative.

AddedArticle 24 – paragraph 2: 2. The importer shall ensure that the product is accompanied by a clear indication of the information set out in harmonised technical specifications and in Annex I Part C3 in a language determined by the Member State concerned which can be easily understood by users. The importer shall, in a visible manner, display to customers before they are bound by a sales contract, including in case of distance selling, the information which shall be labelled pursuant to this Regulation or harmonised technical specifications.

RemovedArticle 24 – paragraph 2: 2. The importer shall ensure that the product is accompanied by a clear indication of the information set out in harmonised technical specifications and in Annex I Part D in a language determined by the Member State concerned which can be easily understood by users. The importer shall, in a visible manner, display to customers before they are bound by a sales contract, including in case of distance selling, the information which shall be labelled pursuant to this Regulation or harmonised technical specifications.

AddedArticle 24 – paragraph 4: 4. The importer shall, after having assembled all available product information from the manufacturer and the de-installer, scrutinise used and remanufactured products with regard to damages or indications for loss of performance or non-compliance, while assessing all risks.

RemovedArticle 24 – paragraph 4: deleted

AddedArticle 24 – paragraph 5: 5. Where an importer considers or has reason to believe that the product is not in conformity with the declaration of performance or not in compliance with other applicable requirements in this Regulation, the importer shall not place the product on the market until it conforms to the accompanying declaration of performance and it complies with the other applicable requirements in this Regulation or until the declaration of performance is corrected. In the event that the product has already been placed on the market, it shall take the necessary corrective measures to bring that product into conformity, or, where appropriate, to withdraw or recall it.

Change 110

RemovedArticle 26 – paragraph 1 – point f a (new): (fa) it has subjected an imported or distributed used or remanufactured product to a transformative process going beyond repair, cleaning and regular maintenance after being de-installed;

AddedArticle 26 – paragraph 1 – point f: (f) it claims for it characteristics deviating from the characteristics declared by the manufacturer.

AddedArticle 26 – paragraph 1 – point f a (new): (fa) it has subjected an imported or distributed, used or remanufactured product to a transformative process going beyond repair, cleaning and regular maintenance after being de-installed;

Change 111

ChangedArticle 26 – paragraph 1 – point f c (new): (fc) it opts forto assumingassume the role of the manufacturer.

Change 112

RemovedAvoidance of overregulation and red tape.

Change 113

ChangedArticle 27 – paragraph 2 – point b: (b) shall verify at a documentary level that the manufacturer has complied with the obligations set out in Article 21(1), (3) and (5) to (7) and Article 22(2), points (f) and (i);

Change 114

RemovedAvoidance of red tape.

AddedArticle 27 – paragraph 2 – point d: (d) at the request of the market surveillance authorities, cease to offer products which are non-compliant or present a risk within the meaning of Article 21(9);

RemovedArticle 27 – paragraph 2 – point d: (d) on the request of the market surveillance authorities, cease to offer products which are non-compliant or present a risk within the meaning of Article 21(9);

RemovedClarification.

Change 115

AddedArticle 27 – paragraph 8: 8. A fulfilment service provider shall ensure that the conditions during warehousing, packaging, addressing or dispatching, do not jeopardise the products’ compliance with the requirements set out in this Regulation. The manufacturer or importer of construction products shall provide the fulfilment service providers with the detailed information necessary for ensuring the safe storage, packaging, addressing or dispatch and further functioning of the product.

AddedArticle 28 – title: Obligations in relation to 3D-printing of construction products

AddedArticle 28 – paragraph 1 – introductory part: 1. A natural or legal person that 3D-prints construction products shall:

Change 116

RemovedClarification.

AddedArticle 28 – paragraph 1 – point b: (b) use the appropriate 3D datasets;

AddedArticle 28 – paragraph 1 – point c: (c) ensure that the materials used have undergone the procedures applicable to products under this Regulation; and

AddedArticle 28 – paragraph 1 – point d: (d) ensure that the information provided by the manufacturer of the 3D-dataset and the information provided by the manufacturer of the printing material coincide.

Change 117

RemovedWhile 3D-printed products should be covered by the Regulation in the same way as any other construction product, there is no justification for introducing burdens and obligations that apply exclusively to 3D-printed construction products. 3D-printing construction products is an industry that - while still in its infancy - holds great potential for innovation and sustainability, for example due to the potential of using recycled materials in its kits. 3D-printing also holds the potential to greatly limit the amount of materials used in construction products, thereby significantly reducing the CO2-footprint of the entire construction sector. It is therefore important not to stifle innovation and growth in an industry that has not yet achieved its full potential.

Change 118

RemovedWhile 3D-printed products should be covered by the Regulation in the same way as any other construction product, there is no justification for introducing burdens and obligations that apply exclusively to 3D-printed construction products. 3D-printing construction products is an industry that - while still in its infancy - holds great potential for innovation and sustainability, for example due to the potential of using recycled materials in its kits. 3D-printing also holds the potential to greatly limit the amount of materials used in construction products, thereby significantly reducing the CO2-footprint of the entire construction sector. It is therefore important not to stifle innovation and growth in an industry that has not yet achieved its full potential.

RemovedArticle 29: deleted / (deleted) / (deleted) / (deleted)

RemovedSo far, there is no market yet for re-useable construction products. This Regulation hopes to lay the groundwork for the development of such a market with the aim of rendering the construction sector more sustainable. Therefore, we should be careful not to pre-emptively introduce red tape for a non-existent industry branch, that we hope will flourish over the coming years. Especially, if it is not yet foreseeable whether this additional red tape is necessary.

Change 119

RemovedThe regulation should apply to products being placed on the market only. The regulation should not address raw materials and components. The CPR addresses products intended to be placed on the market with the aim of removing barriers to trade. Suppliers do not place products on the market. Arrangements between suppliers and manufacturers are to be dealt with in contracts between those parties. Regulators should not be involved in addressing technical requirements that the industry should take care of. Services should not be covered by this regulation.

AddedArticle 31 – title: Double use products

AddedArticle 31 – paragraph 1: 1. A manufacturer of double use products and other economic operators dealing with them shall satisfy the obligations of this Regulation, unless they are marked as “not for construction”.

AddedArticle 31 – paragraph 2: deleted

AddedArticle 31 – paragraph 3 – introductory part: 3. For double use products marked as “not for construction” other economic operators shall:

AddedArticle 32 – paragraph 1 – point b: (b) the economic operator uses the currency of the Member States; / (deleted)

Change 120

RemovedEnsuring adequate involvement of the European Parliament in these important decisions.

Change 121

ChangedArticle 34: deleted / (Moved to Article 6a)

Change 122

RemovedMoved to Article 7a.

Change 123

RemovedMoved to paragraph 3a because in this ordering it is more logical.

AddedArticle 35 – paragraph 2 – subparagraph 1 – introductory part: Following a request for a European technical assessment by a manufacturer or a group of manufacturers or on initiative of the Commission, a European assessment document may be drawn up and adopted by the organisation of technical assessment bodies (‘TABs’) in agreement with the Commission for any kind or category of product not covered by:

Change 124

ChangedArticle 35 – paragraph 2 – subparagraph 1 – point b: deleted(b) a harmonised technical specification intended to be adopted in the next 1 year as from the date of verification with the Commission;

Change 125

RemovedAvoidance of burden for manufacturers. 2 years with no standard or possibility to request an EAD can be a period that is far too long for manufactures. Also, a standard may never be developed.

AddedArticle 35 – paragraph 2 a (new): 2a. The Commission shall task EOTA and CEN with coordinating to ensure that there is no overlap between a European assessment document and harmonised standards or parts thereof.

RemovedArticle 35 – paragraph 2 – subparagraph 2 – point iii a (new): (iii a) a harmonised technical specification or a delegated act does not cover an essential characteristic.

AddedArticle 35 – paragraph 3: 3. The organisation of TABs and the Commission may bundle or reject requests for the development of a European assessment document. The procedure for adopting a European assessment document shall comply with Article 36 and the procedure laid down in Annex IIIa.

RemovedThis provision exists in the current Construction Products Regulation and is frequently used.

AddedArticle 35 – paragraph 3 a (new): 3a. Article 4(1) and (4), Article 6, Article 9 and Articles 11 to 17 shall apply to European assessment documents. Where the CE marking is issued on the basis of a European assessment document and a European technical assessment, the European assessment document shall be referred to in the declaration of performance and the declaration of conformity.

Change 126

RemovedContradiction with Annex III.6

AddedArticle 36 – paragraph 1 – subparagraph 2: The balancing of principles laid down in points (a) and (b) of this paragraph shall at least allow for the disclosure of the name of the product at the stage of the approval and the communication of the work programme, as set out in Annex IIIa, point 5 and the detailed contents of the draft European assessment document set out in Annex IIIa, point 5.

Change 127

ChangedArticle 37 – paragraph 1 – point c: (c) where the product is not covered by any harmonised technical specification or European assessment document and where no such harmonised technical specification is intended to be adopted in the next year, or no such or European assessment document is already in the procedure of developing pursuant to Annex III,IIIa, the TAB shall apply the procedures set out in Annex IIIIIIa or those established in accordance with Article 35(4).

Change 128

RemovedAvoidance of burden for manufacturers. 2 years with no standard or possibility to request an EAD can be a period that is far too long for manufactures. Also, a standard may never be developed. In addition, it is not clear how the deadline of 2 years would be met with regard to the standard-setting process and its publication in the Official Journal.

AddedArticle 38 – paragraph 2: 2. Only European assessment documents referred to in that list and published by either the Commission or by the organisation of TABs shall authorise the issuing of European technical assessments in accordance with Article 42 and trigger legal effects in accordance with Article 42(5), including with regard to the manufacturer who requested the development of the European assessment document. This legal effect of European assessment documents shall expire ten years after their first citation in the Official Journal of the European Union or immediately where the European technical document has been withdrawn unless they have been renewed in the last year prior to expiry and the Commission decides to maintain the listing.

Change 129

ChangedArticle 38 – paragraph 2: 2.2 Onlya European(new): assessment2a. documentsIn referredorder to inensure thatthe listhigh andquality publishedof byEuropean eitherassessment thedocuments Commissionand orto byaccommodate the organisationconfidentiality needs of TABsthe shallapplicant authorisefor the issuing ofrelated European technical assessments in accordanceassessment, withbefore Articlethe 42reference andto triggera legalnew effectsEuropean inassessment accordancedocument withis Articlecited 42(5),in includingthe withOfficial regardJournal toof the manufacturer whoEuropean requestedUnion, thea developmentdraft of the Europeanfirst assessmentEuropean document.technical Thisassessment legalbased effecton ofthat European assessment documentsdocument shall expirebe tenissued. yearsIf afternecessary, theirthe firstfinal citationdraft inof the OfficialEuropean Journalassessment ofdocument shall be amended based on the Europeanexperience Uniongained orwith immediatelythe inissue caseof the first European technical documentassessment. hasThe beenCommission, withdrawnjointly unlesswith theyorganisation haveof beenTABs, renewedshall incommunicate the last year priordate toof expirycitation andof the Commission decidesreference to maintain the listing.European assessment document.

Change 130

RemovedArticle 40 – paragraph 3: 3. Where the performance of some of certain essential characteristics of the product can appropriately be assessed with methods and criteria established in harmonised technical specifications or European assessment documents, those existing methods and criteria shall be incorporated as parts of the European assessment document.

AddedArticle 40 – paragraph 1 – point a: (a) a description of the kind or category of product covered; and

Removed'Appropriately' gives sufficient discretion to the use of existing assessment methods and criteria.

AddedArticle 40 – paragraph 1 – point b: (b) the list of essential characteristics, relevant for the intended use of the kind or category of product as set out by the manufacturer and agreed between the manufacturer and the organisation of TABs, and the methods and criteria for assessing the performance of the product in relation to those essential characteristics.

AddedArticle 40 – paragraph 2: 2. Principles for the applicable factory production control to be applied shall be set out in the European assessment document, taking into account the conditions of the manufacturing process of the kind or category of product concerned.

AddedArticle 40 – paragraph 3: 3. Where the performance of some of certain essential characteristics of the kind or category of products can appropriately be assessed with methods and criteria established in harmonised technical specifications or European assessment documents, those existing methods and criteria shall be incorporated as parts of the European assessment document.

Change 131

RemovedUnnecessary information without added value.

AddedArticle 42 – paragraph 1 a (new): 1a. When a request for a European technical assessment is made, the procedure laid down in Annex IIIa shall apply.

RemovedArticle 42 – paragraph 1 – subparagraph 1 a (new): When a request for a European technical assessment is made, the procedure laid down in Annex III shall apply.

Change 132

RemovedNo separate article is necessary for this. Moved into Article 44.

AddedArticle 44 – paragraph 1 – subparagraph 1: Member States may designate Technical Assessment Bodies (TABs) within their territories for one or several product areas listed in of Annex IV, Table 1. When the Member State decides to designate a TAB, it shall appoint one single authority in charge of technical assessment bodies (the “designated authority”).

Change 133

ChangedArticle 44 – paragraph 13 – subparagraph 1: MemberThe Statesdesignated mayauthority designateshall Technicalmonitor Assessmentthe Bodiesactivities (TABs)and withincompetence of the TABs designated in their territoriesrespective forMember oneState, orand severalwhere productnecessary areastheir listedsubsidiaries and subcontractors, and evaluate them in ofrelation Annexto IV,the Tablerespective 1.requirements Whenset out in this Chapter. The designated authority shall instruct the TABs wherever there is morean thaninfringement oneof TABlaw inor thecommon Memberpractice state,agreed between the Member stateStates shalland designatethe oneCommission. singleIn authoritycase inof chargerepeated infringement of technicalthe assessmentlaw, bodiesit (hereafter:may revoke the “designateddesignation authority”)of the TAB.

Change 134

RemovedInclusion of Article 43; Avoidance of extensive use of delegated acts to prevent uncertainties for manufacturers.

AddedArticle 44 – paragraph 5: 5. The Commission may investigate the compliance of TABs with the requirements set out in this chapter, as well as the fulfilment by the responsible designated authorities of their monitoring obligations.

RemovedArticle 44 – paragraph 3 – subparagraph 1: The designating authority shall monitor the activities and competence of the TABs designated in their respective Member State, and where necessary their subsidiaries and subcontractors, and evaluate them in relation to the respective requirements set out in this Chapter. The designating authority shall instruct the TABs wherever there is an infringement of law or common practice agreed between the Member States and the Commission. In case of repeated infringement of the law, it may revoke the designation of the TAB.

AddedArticle 44 – paragraph 6: 6. TABs shall, upon request by the relevant designated authority, supply all relevant information and documents, required to enable the authority, the Commission and the Member States to verify compliance.

Change 135

RemovedAvoidance of disproportionate burden, as not all Member States designate TAB's.

AddedArticle 46 – paragraph 6: 6. The Commission may make the financing of the organisation of TABs, regardless of via grants or public tenders, subject to the fulfilment of organisational and performance requirements, including with regard to a fair geographic distribution of TABs.

Change 136

RemovedSubsidiarity.

AddedArticle 49 – paragraph 6 – subparagraph 2: deleted

Change 137

ChangedArticle 50 – paragraph 3 – subparagraph 1: A conformity assessment body shall be a third-party body independent fromof all business ties of the organisation or the construction product it assesses.

Change 138

RemovedShortening the text by deleting unnecessary, overly detailed information without relevant added value.

AddedArticle 50 – paragraph 3 – subparagraph 3: A conformity assessment body belonging to a business association or professional federation representing undertakings involved in the design, manufacturing, provision, assembly, use or maintenance of products which it assesses, may, on condition that its independence and the absence of any conflict of interest are demonstrated, be considered such an independent body.

Change 139

ChangedArticle 50 – paragraph 34 – subparagraph 3:1: A bodyconformity belongingassessment tobody, aits businesstop-level associationmanagement orand professionalthe federationpersonnel representingresponsible undertakingsfor involvedcarrying out the third party tasks in the design,assessment manufacturing,and provision,verification assembly,process useshall not be the designer, manufacturer, supplier, importer, distributor, installer, purchaser, owner, user or maintenancemaintainer of the products which it assesses, may,nor onthe conditionrepresentative thatof itsany independenceof andthose parties. This shall not preclude the absenceuse of anyassessed conflictproducts that are necessary for the operations of interestthe areconformity demonstrated,assessment bebody consideredor tothe beuse suchof anproducts independentfor body.personal purposes.

Change 140

RemovedArticle 50 – paragraph 6 – subparagraph 2 – point a: (a) the necessary personnel with technical knowledge and sufficient and appropriate experience to perform the third party tasks in the assessment and verification process.

AddedArticle 50 – paragraph 4 – subparagraph 2: A conformity assessment body, its top-level management and the personnel responsible for carrying out the third party tasks in the assessment and verification process shall not become directly involved in the design, manufacture or construction, marketing, installation, use or maintenance of those products, nor represent the parties engaged in those activities. They shall not engage in any activity that may conflict with their independence of judgement and integrity related to the activities for which they have been notified nor provide consultancy services.

RemovedArticle 50 – paragraph 6 – subparagraph 2 – point b: (b) the necessary description of procedures according to which the assessment process is carried out, ensuring the transparency and the ability of reproduction of these procedures. It shall have appropriate policies and procedures in place that distinguish between the tasks it carries out as a notified body and other activities and assign their personnel to these tasks.

AddedArticle 50 – paragraph 4 – subparagraph 3: A conformity assessment body shall ensure that activities of its parent or sister companies, its subsidiaries or subcontractors do not affect the confidentiality, objectivity and impartiality of its assessment and/or verification activities.

RemovedThis Part is not needed. Alignment with current CPR Art. 43 (6a).

AddedArticle 50 – paragraph 5: 5. A conformity assessment body and its personnel shall carry out the third party tasks in the assessment and verification process with the highest degree of professional integrity and requisite technical competence in the specific field and shall be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of their assessment and/or verification activities, especially from persons or groups of persons with an interest in the results of those activities.

Change 141

ChangedArticle 50 – paragraph 11:6 11.– subparagraph 3: A notifiedconformity assessment body shall participatehave in,the andmeans ensurenecessary thatto itsperform assessmentthe personneltechnical isand informedadministrative of,tasks relevantconnected standardisationwith activities,the activities offor thewhich notifiedit bodyintends coordinationto groupbe establishednotified underin thisan Regulationappropriate manner and shall apply as general guidance the administrative decisionshave andaccess documentsto producedall asnecessary aequipment workor result.facilities.

Change 142

RemovedArticle 51 – paragraph 1: A notified body to be authorised to carry out third party tasks in the assessment and verification process which demonstrates its conformity with the criteria laid down in the relevant harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, shall be presumed to comply with the requirements set out in Article 50 in so far as the applicable harmonised standards cover those requirements.

AddedArticle 50 – paragraph 9: 9. A conformity assessment body shall take out liability insurance unless liability is assumed by the Member State in accordance with national law, or the Member State itself is directly responsible for the assessment and/or the verification performed.

RemovedIncrease clarity.

AddedArticle 50 – paragraph 10: 10. The personnel of the conformity assessment body shall be bound to observe professional secrecy with regard to all information gained in carrying out its tasks under Annex V, except in relation to the competent administrative authorities of the Member State in which its activities are carried out. Proprietary rights shall be protected.

AddedArticle 50 – paragraph 11: 11. A conformity assessment body shall participate in, and ensure that its assessment personnel is informed of, relevant standardisation activities, activities of the notified body coordination group established under this Regulation and shall apply as general guidance the administrative decisions and documents produced as a work result.

AddedArticle 51 – title: Presumption of conformity of notified bodies

Change 143

RemovedAvoidance of redundancies.

RemovedArticle 54 – paragraph 2 – subparagraph 2: deleted

RemovedAvoidance of redundancies.

Change 144

RemovedBureaucratic overreach.

Change 145

ChangedArticle 63 – paragraph 1: The Commission shall ensure that appropriate coordination and cooperation between bodies notified pursuant to Article 47 are put into place and properly operated in the form of a group of notified bodies. Member States shall ensure that the bodies notified by them participate in the work of that group, directly or by means of designated representatives. Coordination and cooperation in the groups referred to in paragraph 1 shall aim at ensuring the harmonised application of this Regulation.

Change 146

RemovedBureaucratic overreach.

Change 147

RemovedBureaucratic overreach.

AddedArticle 63 – paragraph 3: Notified bodies shall take into account as general guidance the administrative decisions and documents produced by that group.

RemovedArticle 63 – paragraph 3: deleted

RemovedBureaucratic overreach.

Change 148

RemovedType calculations are covered by simplified procedures in the current CPR and should be reintroduced in the new CPR. Replacing type calculation by appropriate technical documentation reduces red tape and limits the costs to manufacturers and SMEs.

AddedArticle 64 – paragraph 1 – point a: (a) for one or several essential characteristics of the product, which the manufacturer places on the market, that product is deemed to achieve a certain level or class of performance without testing or calculation, or without further testing or calculation, in accordance with the conditions set out to that end in the relevant harmonised technical specification; or

Change 149

ChangedArticle 64 – paragraph 1 – point b: (b) the product, covered by a harmonised technical specification, whichspecification or by a European Technicaltechnical Assessment,assessment, which the manufacturer places on the market is a system made of items, which the manufacturer assembles duly following precise instructions, including compatibility criteria in case of individual items, given by the provider of such a system or supplier of a component thereof, who has already tested that system or that item for one or several of its essential characteristics in accordance with the relevant harmonised technical specification or the European Technicaltechnical Assessment.assessment. When these conditions are satisfied and when the manufacturer has notably verified that the precise compatibility criteria of the provider are met, the manufacturer is entitled to declare performance corresponding to all or part of the test results for the system or the item provided to them; or

Change 150

RemovedAlignment with provisions of the current CPR due to the frequent use of European Technical Assessments in order to ensure that manufacturers can use simplified procedures for all appropriate products.

AddedArticle 64 – paragraph 1 – point b a (new): (ba) the construction product, covered by a harmonised standard, which the manufacturer places on the market corresponds to the product-type of another construction product, manufactured by another manufacturer and already tested in accordance with the relevant harmonised standard. When those conditions are fulfilled, the manufacturer is entitled to declare performance corresponding to all or part of the test results of this other product. The manufacturer may use the test results obtained by another manufacturer only after having obtained the authorisation of that manufacturer, who remains responsible for the accuracy, reliability and stability of those test results.

RemovedArticle 64 – paragraph 1 – point b a (new): (ba) the construction product, covered by a harmonised standard, which the manufacturer places on the market corresponds to the product-type of another construction product, manufactured by another manufacturer and already tested in accordance with the relevant harmonised standard. When these conditions are fulfilled, the manufacturer is entitled to declare performance corresponding to all or part of the test results of this other product. The manufacturer may use the test results obtained by another manufacturer only after having obtained an authorisation of that manufacturer, who remains responsible for the accuracy, reliability and stability of those test results.

RemovedAdequate provision easing testing that exists in the current CPR and should be kept in the new CPR.

Change 151

RemovedCustom-made non-series products are made in a non-series process in response to a specific order, and intended to be installed in a single identified construction work. There is no potential benefit of CE marking custom-made non-series products.

Change 152

RemovedAll notified bodies are certified and legally accountable for their work and assessments. An additional agreement between notified bodies is unnecessary. This could create barriers to trade for SMEs. Moreover, the recognition or acceptance of test reports from other notified bodies should not be at the discretion of the accepting notifying body.

AddedArticle 68 – paragraph 1: 1. Without prejudice to the obligations of economic operators under this Regulation and the activities of market surveillance authorities under Regulation 2019/1020, the Commission shall, in addition, set up a system allowing any natural or legal person to share complaints or reports related to possible non-compliances with this Regulation.

Change 153

ChangedArticle 68 – paragraph 1: 1. Without2: prejudice2. toWhere the obligationsCommission ofconsiders economica operatorscomplaint underor thisreport regulationrelevant and thesubstantiated activitiesbased ofon Marketclearly surveillancedefined authoritiescriteria, underit theshall regulationwithout 2019/1020,undue thedelay Commissionassign shall,it into addition,a setmarket upsurveillance aauthority systemfor allowingit anyto follow-up with the relevant natural or legal person to sharein complaintsaccordance orwith reportsArticle related11(7), topoint possible(a) non-compliancesof withRegulation this(EU) Regulation.2019/1020.

Change 154

RemovedArticle 70 – paragraph 1 – subparagraph 2: Where, in the course of that evaluation, the market surveillance authority finds that the products or its manufacturer does not comply with the requirements and obligations laid down in this Regulation, it shall without delay require the relevant economic operators to take all appropriate and proportionate corrective actions to bring the products or its manufacturer into compliance with those requirements and obligations or to withdraw the products from the market, or to recall them, all within a reasonable period and commensurate with the nature and degree of the non-compliance. The corrective action required to be taken by the economic operators may include the actions listed in Article 16(3) of Regulation (EU) 2019/1020.

AddedArticle 68 – paragraph 2 a (new): 2a. The Commission shall adopt implementing acts establishing the criteria and the timeline referred to in paragraph 2 of this Article. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 88(1).

RemovedArticle 70 – paragraph 7: 7. Where, within four months of receipt of the information referred to in paragraph 4, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State in relation to the product concerned, that measure shall be deemed justified.

AddedArticle 68 – paragraph 2 b (new): 2b. As regards construction products that might present a risk to the health and safety of consumers, any interested natural or legal person shall have the possibility to inform the Commission through a separate section of the Safety Gate Portal. The Commission shall give due consideration to the information received and, after verification of its accuracy, where appropriate, forward that information to the relevant Member State’s market surveillance authority without undue delay to ensure that those complaints are appropriately followed-up.

RemovedArticle 71 – paragraph 3 a (new): 3a. Where the national measure is considered to be justified and the non-compliance of the construction product is attributed to shortcomings in the European Assessment Document as referred to in Article 70(5), point (c), the Commission shall inform the organisation of TAB’s of the shortcoming and, if necessary, request the revision of the EAD concerned.

AddedArticle 69 – paragraph 2: 2. Member States shall designate, amongst their competent authorities, the ‘national competent authority’ which is the single point of contact for communication with other Member States.

Change 155

RemovedThis empowerment to adopt delegated acts to specify the nature of the checks required and methods to be used would constitute an infringement of the principle of subsidiarity.

AddedArticle 74 – paragraph 2 – subparagraph 1 – point d: (d) elaborate guidelines for the application and enforcement of requirements and obligations set out in harmonised technical specifications adopted pursuant to this Regulation, including common practices and methodologies for effective market surveillance, such as the number and type of checks to be performed by market surveillance authorities;

Change 156

ChangedArticle 7574 – paragraph 1:2 Market– surveillancesubparagraph authorities1 shall– havepoint thed righta to(new): recover(da) fromelaborate guidelines for economic operators inon possessionthe ofharmonised aapplication non-compliantof product.this Regulation.

Change 157

RemovedThis article goes beyond what is foreseen in the Market Surveillance Regulation.

AddedArticle 75 – paragraph 1: Where a product has been found to be non-compliant, market surveillance authorities shall have the right to recover from economic operators who placed or made available the product on the market the costs of document inspection and physical product testing, with a justification of those costs.

RemovedArticle 77 – paragraph 8: deleted

AddedArticle 77 – paragraph 8: 8. Member States and the Commission may use artificial intelligence systems to detect diverging decision making practices.

Change 158

RemovedArticle 78 a (new): Article 78a / EU construction products database / 1. The Commission shall establish and maintain a decentralised Union construction products database consisting of a harmonised interface for the Registry developed and maintained by the Commission. The database shall consist of a public section, a compliance section and an online portal giving access to those two sections. / The product database shall not replace or modify the responsibilities of the market surveillance authorities. / In order to protect trade secrets, the Commission shall merely provide links to the documentation and information, which remains stored on the servers of the relevant economic operators. / 2. The product database shall serve the following purposes: / (a) to support market surveillance authorities in carrying out their tasks under this Regulation, including enforcement thereof; / (b) to provide the users and authorities with all necessary information about construction products placed on the market; / (c) to store all documentation and information requested from economic operators pursuant to Chapter III of this Regulation; / 3. The content of the public part of the database shall contain for all construction product covered by this Regulation at least: / (a) product information satisfying the product information requirements set out in Annex I, Part D; / (b) its declarations of performance and conformity; / 4. The compliance section of the product database shall be accessible only to market surve…

RemovedA decentralised database, where the EU registry only links to economic operators’ privat servers and they thereby remain gate keepers of their own trade secrets is necessary in order to protect the European construction sector from cyber attacks.

Change 159

RemovedInfringement of the principle of subsidiarity.

AddedArticle 79 – paragraph 3: 3. Product contact points for construction shall respond or provide information free of charge within 15 working days of receiving any request under paragraph 3.

RemovedArticle 79 – paragraph 3: 3. Product contact points for construction shall respond or provide information free of charge within 15 working days of receiving any request under paragraph 2.

RemovedIn order to increase clarity, paragraphs 3 and 4 have been merged.

Change 160

RemovedIn order to increase clarity, paragraphs 3 and 4 have been merged.

AddedChapter IX a (new): Chapter IXa / Construction digital product passport and product passport registry / Article 81a / Establishment of the construction digital product passport / 1. The Commission shall adopt delegated acts in accordance with Article 87 to supplement this Regulation by setting up a construction digital product passport in accordance with the conditions set out in this Chapter. / The construction digital product passport shall be compatible and interoperable with the digital product passport established by the regulation (EU) [Regulation on eco design for sustainable products], without compromising interoperability with Building Information Modelling (BIM) by taking into account the specific characteristics and requirements related to construction products. / 2. The construction digital product passport shall consist of: / (a) the declaration of performance or the combined declaration of performance and conformity; / (b) the product information laid down in Annex I Part D; and / (c) technical documentation referred to in Articles 64(1), 65(1), 66(1) and Annex II point 11(b). / 3. The construction digital product passport shall be accessible via electronic means through the data carrier. / 4. The following data carriers or similar means may be used to access the construction digital product passport: / (a) QR code; / (b) bar code; / (c) RFID chip; / (d) permalink. / 5. The construction digital product passport shall be accessible free of charge to all economic operators, clients, …

RemovedArticle 82 – paragraph 2: 2. The Commission after consultation with the Member states may provide third countries or international organisations with selected information from the product database or system referred to in Article 78, to the system referred to in Article 77 and to the information exchanged amongst authorities in accordance with this Regulation and receive relevant information on products and on preventive, restrictive and corrective measures taken by these third countries or international organisations. The Commission shall share such information with national authorities, where relevant.

AddedArticle 82 – paragraph 1 – point e: (e) scientific, technical, and regulatory matters, aiming to improve product safety or the protection of the environment and consumers;

AddedArticle 82 – paragraph 1 – subparagraph 1 a (new): The Commission shall regularly inform Member States about the cooperation activities with third countries or international organisations it undertakes pursuant to the first subparagraph.

AddedArticle 82 – paragraph 2: 2. The Commission, after consultation with the Member States, may provide third countries or international organisations with selected information from the digital construction product passport to the system referred to in Article 77 and to the information exchanged amongst authorities in accordance with this Regulation and receive relevant information on products and on preventive, restrictive and corrective measures taken by these third countries or international organisations. The Commission shall share such information with national authorities, where relevant.

Change 161

RemovedThis should not be decided by the Commission, but should be included in the agreements with third countries.

AddedArticle 83 – paragraph 1 – subparagraph 1: Where Member States provide incentives for a product category covered by performance classes established in accordance with Article 4 or a label in accordance with Article 22(5), those incentives shall aim at the highest two classes.

RemovedArticle 83 – paragraph 1 – subparagraph 1: Where Member States provide incentives for a product category covered by a delegated act establishing performance classes in accordance with Article 4, those incentives shall aim at the highest two populated classes, or at higher classes.

RemovedEnsure consistency with earlier deletion of traffic-light labelling.

Change 162

RemovedAvoidance of unnecessary market distortion.

AddedArticle 83 – paragraph 2 a (new): 2a. Member States may also provide incentives for the promotion of environmentally friendly and sustainable construction products that are not covered by harmonised technical specifications in line with State aid rules.

RemovedArticle 83 – paragraph 2 a (new): 2a. Member States may also provide incentives for the promotion of environmentally friendly construction products in line with state aid rules.

AddedArticle 84 – paragraph 1: 1. Without prejudice to Directives 2014/24/EU and 2014/25/EU, the Commission is empowered to adopt delegated acts in accordance with Article 87 supplementing this Regulation by establishing sustainability requirements that shall be applied by Member States to public contracts that are specifically tendered as green public procurement contracts, including implementation, monitoring and reporting of those requirements by Member States. The first delegated act shall be adopted by the Commission by 31 December 2026. Member States and the Commission shall provide technical and financial assistance to national contracting authorities to upskill and reskill the staff in charge of green public procurement.

RemovedIt is important not to limit Member State's competence to create incentives for the production and use of sustainable construction products by defining the preconditions for such incentives too narrowly.

AddedArticle 84 – paragraph 2: 2. Sustainability requirements established pursuant to paragraph 1 for green public procurement contracts awarded by contracting authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article 3, point (1) of Directive 2014/25/EU, or contracting entities, as defined in Article 4(1) of Directive 2014/25/EU, may take the form of mandatory performance levels or technical specifications, or, as appropriate, selection criteria, award criteria or contract performance clauses, while taking into consideration the specific needs and constraints of small local authorities and of SMEs.

Change 163

RemovedMember States in the Committee of Construction Products do only have an advisory and not decisional role. This should change as it will increase engagement of Member States and increase the likelihood of more balanced decisions reflecting the needs/views of all Member states.

AddedArticle 89 – paragraph 2 – subparagraph 1: All documentation required by Article 19(7),Article 21(3), Articles 64 to 66 and Annex V can be provided on paper or in a commonly used electronic format and in a way that permits downloads via unmodifiable links (permalinks or other data carriers).

RemovedArticle 89 – paragraph 2 – subparagraph 1: All documentation required by Article 19(7),Article 21(3), Articles 64 to 66 and Annex V can be provided on paper or in a commonly used electronic format and in a way that permits downloads via unmodifiable links (permalinks or QR-Codes).

AddedArticle 89 – paragraph 2 – subparagraph 2: All information obligations set up by Article 7(3) and (4), Article 19(1), (3), (5) and (6), Article 21(6) to (9), Article 22(2), points (f) and (i), Article 23(5), Article 24(6), Article 25(2), Article 27(2), Article 28, Article 29, Article 31, Article 32, Articles 34 to 39, Article 41(3), Article 44(3), (4), (6) and (7), Article 45(3), Article 46(2), Article 47, article 49(5), Article 50(11), Article 53(1), Article 58(1), Article 59(2), Article 61, Article 70(1), (2), (4) and (6), Article 71(2), Article 72(1), (3) and (5), Article 76, Article 77, Article 79(2), Article 79(3), Article 80(2), Article 82(1) to (3), (6) and (7) and Article 91 can be satisfied by electronic means. / Information to be provided in accordance with Annex I Part C3, as well as any other information, shall be provided in paper format free of charge within one month, if requested by the consumer at the time of purchase.

RemovedAll standards should be machine readable.

AddedArticle 90 – paragraph 2 – point d a (new): (da) withholding data or technical documentation that could lead to the recall of the construction product or its components or to the refusal or withdrawal of the declaration of conformity;

Change 164

ChangedArticle 90 – paragraph 2 – point de a (new): (da) withholding data or technical specifications(ea) thatmaking couldfalse leadstatements toduring the recall ofassessment theand constructionverification productprocedures orundergone itswith componentsa orview to thedrawing refusalup orthe withdrawaldeclarations of the declarationperformance ofand conformity;

Change 165

RemovedArticle 90 – paragraph 2 – point e a (new): (ea) making false declarations during the performance and conformity assessment procedures set out in Chapter VI;

Change 166

AddedArticle 90 – paragraph 2 – point g: (g) information to be provided in accordance with Annex I Part C3 and harmonised technical specifications is missing, incomplete or incorrect;

AddedArticle 90 – paragraph 2 – point m: deleted

Change 167

RemovedArticle 90 – paragraph 4 a (new): 4a. With the adoption of this Regulation, the Commission shall develop harmonised criteria or guidance for effective, proportionate and dissuasive penalties. Those criteria shall at least cover the types of infringements laid down in paragraphs 2 and 3.

AddedArticle 91 – paragraph 1: No sooner than 5 years after the date of application of this Regulation, the Commission shall carry out an evaluation of this Regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of products and construction works and built environment. The evaluation shall inter alia assess the correlation of the revised Construction Products Regulation with Regulation (EU) ... (Ecodesign for Sustainable Products Regulation). The Commission shall present a report on the main findings to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. Member States shall provide the Commission with the information necessary for the preparation of that report.

RemovedArticle 91 – paragraph 1: No sooner than 4 years after the date of application of this Regulation, the Commission shall carry out an evaluation of this Regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of products and built environment. The Commission shall present a report on the main findings to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. Member States shall provide the Commission with the information necessary for the preparation of that report.

AddedArticle 92 – paragraph 1: Regulation (EU) 305/2011 is repealed with effect from [the date of entry into force of this Regulation], with the exception of Articles 2 to 9, 11, 27 and 28, which are repealed with effect from [10 years after the date of entry into force of this Regulation].

RemovedConstruction works fall under Member States' competence.

AddedArticle 92 – paragraph 1 a (new): The Articles listed in the first subparagraph shall only be applicable to European assessment documents and harmonised standards cited in accordance with Regulation (EU) 305/2011 and not withdrawn afterwards.

Change 168

ChangedArticle 93 – paragraph 4:3 – point b: deleted

Change 169

RemovedThis paragraph would have led to a considerable burden on both EOTA and the Commission within a comparatively short period of time, as currently 317 EADs have been published in the Official Journal and a total of 575 EADs are available for the issuance of ETAs.

AddedArticle 93 – paragraph 3 – point c: deleted

RemovedArticle 93 a (new): Article 93a / Working plan for transition / 1. The Commission shall, not later than [1 year after entry into force], establish a working plan covering the following three-year period. That working plan shall be publicly available. The Commission shall renew and update the working plan for the following three-year period one year before its expiration. / Should the Commission see that it cannot achieve the goals set out in the working plan, it shall amend it accordingly without undue delay. / 2. The working plan shall contain a list of product families which are considered as priorities for the issuing of standardisation requests in accordance with Article 4(2). / 3. In establishing the priorities under paragraph 2 of this Article, the Commission shall pay particular attention to the replacement of harmonised technical specifications adopted under Regulation (EU) 305/2011 and the regulatory needs of Member States. / 4. The Commission shall involve Member States in the drawing up of the priorities through a transparent and balanced methodology published together with the working plan.

AddedArticle 93 – paragraph 4: 4. European assessment documents issued before [entry into force] remain valid until [5 years after entry into force], unless they have expired for other reasons. Products placed on the market on the basis of these may be further made available on the market for another five years.

RemovedPlanning security for economic operators and transparency for citizens.

AddedArticle 93 – paragraph 5: 5. Notified bodies’ certificates and European technical assessments issued under Regulation (EU) 305/2011 remain valid for five years after the entry into force of harmonised technical specifications for the respective product family or category adopted in accordance with Article 4(2), unless these documents have expired for other reasons. Products placed on the market on the basis of these documents may be further made available on the market for another five years.

Change 170

ChangedAnnex I – Part A – point 1 – paragraph 3:title: TheseBasic requirements for construction works do not constitute obligations incumbent upon economic operators or Member States.

Change 171

RemovedAnnex I – Part A – point 1 – paragraph 4: The intended life span related to requirements for construction works shall take into account the likely impacts of the changing climate.

AddedAnnex I – Part A – point 1 – paragraph 1: deleted

RemovedAnnex I – Part D – point 1 – introductory part: 1. Products shall be accompanied by the following information, where appropiate:

AddedAnnex I – Part A – point 1 – point 1.1 – paragraph 2: The construction works and the relevant parts of them shall be designed, constructed, used, maintained and demolished in such a way that all relevant loads and any combinations of them are sustained and transmitted into the ground safely and without causing deflections or deformations of any part of the construction works, or movement of the ground as to impair the durability, structural resistance, serviceability and robustness of the construction works.

AddedAnnex I – Part A – point 1 – point 1.2 – paragraph 2: The construction works and the relevant parts of them shall be designed, constructed, used, maintained and demolished in such a way that an event of fire is appropriately prevented. In case of a fire, the fire shall be detected and an alarm or alert shall be triggered without a delay. The fire and smoke shall be contained and controlled, and the occupants of the construction works shall be protected against fire and smoke. There shall be appropriate arrangements to ensure safe escape and evacuation of the construction works for all its occupants.

AddedAnnex I – Part A – point 1 – point 1.3 – paragraph 2 – introductory part: The construction works and any part of them shall be designed, constructed, used, maintained and demolished in such a way that they, throughout their life cycle, do not adversely affect the hygiene or health and safety of workers, occupants, or neighbours as a result of any of the following:

Change 172

RemovedManufacturers have adapted their DoP to indicate "NPD" when no performance is declared. This ensures transparency, because the customer is able to see what is not declared. Furthermore, many existing IT systems are not built to hide characteristics when the performance is not declared and would need to function properly, to be allowed to show the full list with empty cells when the performance is not declared. This would also enable simple interactions with Smart CE-marking and Building Information Modelling.

Change 173

ChangedAnnex III – point 1 – point c: (c) In the absence of a request for a European Technical Assessment, when the Commission initiates the development of a European Assessment Document, it shall deliver to the organisation of TABs a technical file describing the product, its use and details of the factory production control to become applicable. The responsible TAB responsible for developing the EAD shall be nominated by the organisation of TABs.

Change 174

RemovedThe working group for developing EADs is most efficient if managed by the organisation of TABs. Nominating the responsible TAB is a decision that hinges on resources within the group of TABs and experience with this type of product, all factors best evaluated by the organisation of TABs, not the Commission.

AddedAnnex III – point 1 – point c a (new): (ca) In the absence of a request for a European Technical Assessment, the organisation of TABs may initiate the development of a European Assessment Document. In this case, it shall deliver to the working group responsible for the development of the EAD a technical file describing the product, its use and the details of the factory production control which will be applicable. The TAB responsible for chairing the working group for developing the EAD shall be nominated by the organisation of TABs.

RemovedAnnex III – point 1 – point c a (new): (ca) In the absence of a request for a European Technical Assessment the organisation of TABs may initiate the development of a European Assessment Document. In this case, it shall deliver to the working group responsible for the development of the EAD a technical file describing the product, its use and details of the factory production control to become applicable. The responsible TAB chairing the working group for developing the EAD shall be nominated by the organisation of TABs.

AddedAnnex III – point 3: deleted / (deleted) / (Moved to Annex IIIa, point 1)

RemovedThe organization of TABs should be able to initiate EADs, in order to ensure that the technical content of the EAD is up-to-date and state of the art.

AddedAnnex III – point 4: deleted / (deleted) / (Moved to Annex IIIa, point 2)

Change 175

ChangedAnnex III – point 3:5: deleted / (deleted) / (Moved to Annex IIIa, point 3)

Change 176

ChangedAnnex III – point 4:6: deleted / (deleted) / (Moved to Annex IIIa, point 4)

Change 177

ChangedAnnex III – point 5:7: deleted / (deleted) / (deleted) / (Moved to Annex IIIa, point 5)

Change 178

ChangedAnnex III – point 6:8: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (Moved to Annex IIIa, point 6)

Change 179

ChangedAnnex III – point 7:9: deleted / (deleted) / (deleted)(Moved to Annex IIIa, point 7)

Change 180

RemovedAnnex III – point 8: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

AddedAnnex III a (new): Annex III a / Procedure for adopting a European Assessment Document / 1. Work programme / In the cases foreseen by points 1(a) and 1(b) of Annex III, after agreement with the manufacturer and the Group respectively, the organisation of TABs shall inform the Commission of the work programme for drawing up the European Assessment Document and the schedule for its execution, indicating the assessment programme. This communication shall take place within three months of receipt of the request for a European Technical Assessment by a TAB, which shall initiate the procedure as laid down in points 1(a) and 1(b) of Annex III. / In the case provided for by point 1(c) of Annex III, the organisation of TABs shall submit to the Commission the work programme for drawing up the European Assessment Document with the same content and within the same deadline as indicated in the previous subparagraph. The Commission shall then communicate to the organisation of TABs within 30 working days its observations on the work programme. The responsible TAB or the organisation of TABs, respectively, after having been given the opportunity to comment, shall amend the work programme accordingly. / In the case foreseen in point 1(d) of Annex III, the organisation of TABs shall inform the Commission of the work programme for drawing up the European Assessment Document and the schedule for its execution, indicating the assessment programme. / 2. The draft European Assessment Document / The organisation of T…

RemovedAnnex III – point 9: deleted / (deleted)

AddedAnnex V – paragraph 1: The manufacturer shall correctly determine the product type pursuant to Article 3, point 31, and the corresponding product category on the basis of the applicable harmonised technical specification. Where a notified body is involved in assessment and verification, the notified body shall verify these determinations.

RemovedAnnex III a (new): Annex IIIa / Procedure for adopting a European Assessment Document / 1. Work programme / In cases as covered in Points 1(a) and 1(b), after agreement with the manufacturer and the Group respectively, the organisation of TABs shall inform the Commission of the work programme for drawing up the European Assessment Document, the schedule for its execution and indicating the assessment programme. This communication shall take place within 3 months of receipt of the request for a European Technical Assessment by a TAB, which shall initiate the procedure as laid down in Points 1(a) and 1(b) in this annex. / In the cases covered in Point 1(c), the organisation of TABs shall submit to the Commission the work programme for drawing up the European Assessment Document with the same content and within the same deadline as indicated above for cases in Points 1(a) and 1(b). After that, the Commission shall communicate to the organisation of TABs within 30 working days its observations on the work programme to proceed with the process. The responsible TAB or the organization of TABs, respectively, after having been given the opportunity to comment, shall amend the work programme accordingly. / In the cases covered in Point 1(d), the organisation of TABs shall inform the Commission of the work programme for drawing up the European Assessment Document, the schedule for its execution and indicating the assessment programme. / 2. The draft European Assessment Document / The organisation of TABs…

AddedAnnex V – point 1 – point b – introductory part: (b) The notified body shall issue the certificate of constancy of performance and of conformity on the basis of:

Change 181

ChangedAnnex V – point 5 – point b – point i: (i) assessan assessment of the performance on the basis of testing performed by a notified testing laboratory (based on sampling carried out by the manufacturer), calculation, tabulated values or descriptive documentation of the construction product;

Change 182

AddedAnnex V – point 5 – point b – point ii: (ii) confirmation of the correct determination of the product type and of the product category.

AddedAnnex V – point 7 – point a – introductory part: (a) In the case of systems 1+, 1 and 2+, inspection of the manufacturing plant shall cover the entire technical part of the plant, at least with regard to the following element, which shall ensure a continuous orderly manufacturing process:

AddedAnnex V – point 7 – point a – point i: (i) the factory production control specifying the measures and frequencies foreseen to ensure constancy of performance, including the critical to performance parameters;

AddedAnnex V – point 7 – point a – point ii: deleted

AddedAnnex V – point 7 – point a – point iii: deleted

AddedAnnex V – point 7 – point b: (b) Factory production control shall cover the process from receipt of the raw materials and components to the dispatch of the product once the production has started (‘gate to gate’ approach) and include as a minimum the critical to performance parameters. In the case of systems 1+, 1 and 2+, the notified body shall assess whether this process is designed and optimised in view of the goal that the products conform with the product type and therefore reach the performances declared in the declaration of performance and are compliant with the requirements set out in or under this Regulation.

Change 183 under “EXPLANATORY STATEMENT”

Added9.2.2023