Changes from report parliamentary committee draft to plenary report

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.

Article 49 – paragraph 6 – subparagraph 1: The notifying authority shall have a sufficient number of competent personnel and sufficient funding at its disposal for the proper performance of its tasks.

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.

Article 50 – paragraph 3 – subparagraph 2: deleted

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.

AddedArticle 50 – paragraph 6 – subparagraph 1: A conformity assessment body shall be capable of carrying out all the third party tasks in the assessment and verification process assigned to it in accordance with Annex V in relation to which it has been notified, whether those tasks are carried out by the conformity assessment body itself or on its behalf and under its responsibility.

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

AddedArticle 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 it shall assign its personnel to those tasks.

Article 50 – paragraph 6 – subparagraph 2 – point c: deleted

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

Article 53 – paragraph 2: 2. The notified body shall take full responsibility for the tasks performed by subcontractors or subsidiaries wherever these are established.

Change 143

RemovedAvoidance of redundancies.

RemovedArticle 54 – paragraph 2 – subparagraph 2: deleted

RemovedAvoidance of redundancies.

▸4 unchanged paragraphs

Article 55 – paragraph 2: 2. The application shall be accompanied by a description of the activities to be performed, the assessment and/or verification processes for which the body claims to be competent, an accreditation certificate, where one exists, issued by the national accreditation body within the meaning of Regulation (EC) No 765/2008, attesting that the body meets the requirements laid down in Article 50. The accreditation certificate shall relate only to the specific conformity assessment body applying for notification and not take account of the capacities or personnel of parent or sister companies. It shall be based, in addition to relevant harmonised standards, on the specific requirements and assessment tasks.

Article 58 – paragraph 1: 1. Where a notifying authority has ascertained or has been informed that a notified body no longer meets the requirements laid down in Article 50, or that it is failing to fulfil its obligations, the notifying authority shall restrict, suspend or withdraw the notification as appropriate, depending on the seriousness of the failure to meet those requirements or to fulfil those obligations. It shall immediately inform the Commission and the other Member States accordingly.

Article 59 – paragraph 3 a (new): 3a. Where the Commission finds that a notified body does not meet, or no longer meets, the requirements for its notification, it shall inform the notifying Member State accordingly and request it to take the necessary corrective measures, including withdrawal of notification, if necessary.

Article 60 – paragraph 7: deleted

Change 144

RemovedBureaucratic overreach.

Article 62: deleted / (deleted) / (deleted) / (deleted)

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.

Article 63 – paragraph 2: deleted

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.

Article 64 – paragraph 1 – introductory part: 1. A manufacturer may replace type testing or type calculation by appropriate technical documentation demonstrating that:

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.

Article 66: deleted / (deleted) / (deleted) / (deleted)

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.

Article 67 – paragraph 1 – subparagraph 1 – introductory part: A notified body (hereafter: recognising notified body) may refrain from the assessment and verification of a certain item to be assessed or verified in accordance with this Regulation and recognise the assessment and verification undertaken by another notified body for the same economic operator where all of the following applies:

Article 67 – paragraph 1 – subparagraph 1 – point b: deleted

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).