Changes from report parliamentary committee draft to plenary report

Article 28 – paragraph 2: deleted

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.

Article 28 – paragraph 3: deleted

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.

Article 30: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

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)

Article 33: deleted / (deleted) / (deleted) / (deleted)

Change 120

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

Chapter IV – title: EUROPEAN ASSESSMENT DOCUMENTS

Change 121

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

Change 122

RemovedMoved to Article 7a.

Article 35 – paragraph 1: deleted

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.

RemovedArticle 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 the procedure laid down in Annex IIIa.

RemovedArticle 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 European technical assessment, the European assessment document shall be referred to in the declaration of performance and the declaration of conformity.

RemovedMoved from paragraph 1 because in this ordering it is more logical.

Article 35 – paragraph 4: 4. The Commission is empowered to amend Annex IIIa by delegated act adopted in accordance with Article 87 to establish supplementary procedural rules for the development and adoption of a European assessment document, where this is necessary to ensure the good functioning of the European assessment documents system.

Article 36 – paragraph 1 – subparagraph 1 – point b: (b) not to disclose the information protected by intellectual property rights, and protect commercial secrecy and confidentiality;

Article 36 – paragraph 1 – subparagraph 1 – point d: (d) allow for adequate participation by the Member States and the Commission;

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.

Article 42 – paragraph 1 – subparagraph 1: A European technical assessment shall be issued by a TAB, at the request of a manufacturer on the basis of a European assessment document, the reference of which has been cited in the Official Journal of the European Union in accordance with Article 38.

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.

Article 43: deleted / (deleted) / (deleted) / (deleted)

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.

Article 46 – paragraph 2 – subparagraph 1 – point i: (i) ensure that adopted European assessment documents and references to European technical assessments are kept publicly available.

Change 135

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