Changes from report parliamentary committee draft to plenary report

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.

RemovedArticle 72 – paragraph 3 a (new): 3a. Consumers shall be enabled to enter information on construction products presenting a risk to consumers through a separate section of the Safety Gate portal provided for in Article 2 of the General Product Safety Regulation. The Commission shall take due account of the information received and ensure follow-up, including transmission of the information to the relevant national authorities.

AddedArticle 69 – paragraph 2 a (new): 2a. The designated competent authorities shall have all the powers listed in Article 14(4) of Regulation (EU) 2019/1020. These powers shall be, for the purposes of this Regulation, extended to all economic operators covered by this Regulation.

AddedArticle 69 – paragraph 2 b (new): 2b. For the purpose of market surveillance, investigation and enforcement, competent authorities shall have the power to request from other public authorities or bodies relevant information in their possession.

AddedArticle 70 – title: Procedure to deal with non-compliance

AddedArticle 70 – paragraph 1 – subparagraph 1: Where a market surveillance authority of one Member State has sufficient reason to believe that certain products covered by a harmonised technical specification or for which a European technical assessment has been issued, or its manufacturer, is non-compliant, it shall carry out an evaluation in relation to the products and the manufacturer concerned covering the respective requirements laid down by this Regulation. The relevant economic operators shall cooperate as necessary with the market surveillance authorities.

AddedArticle 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 their 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 70 – paragraph 7: 7. Where, within 3 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 71 – paragraph 1 – subparagraph 1: Where, on completion of the procedure set out in Article 70(4), objections are raised against a measure taken by a Member State or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States and the relevant economic operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall adopt implementing acts, within four months of the notification received pursuant to Article 70(4), setting out its decision whether the measure is justified or not.

AddedArticle 71 – paragraph 2: 2. If the national measure is considered justified, all Member States shall, without delay, take the necessary measures to ensure that the non-compliant product is withdrawn from their markets and shall inform the Commission accordingly. If the national measure is considered unjustified, the Member State concerned shall withdraw the measure.

AddedArticle 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 a European assessment document, as referred to in Article 70(5), point (c), the Commission shall inform the organisation of TABs of the shortcoming and, if necessary, request the revision of the European assessment document concerned.

Article 73: deleted / (deleted) / (deleted) / (deleted)

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.

Article 78: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

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.

Article 79 – paragraph 1: 1. Member States shall support economic operators by product contact points for construction. Member States shall designate and maintain at least one product contact point for construction on their territory and shall ensure that their product contact points for construction have sufficient powers and adequate resources for the proper performance of their tasks. They shall ensure that product contact points for construction deliver their services in accordance with Regulation (EU) 2018/172449 and that they coordinate with the contact points for mutual recognition established by Article 9(1) of Regulation (EU) No 2019/51550 .

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.

Article 79 – paragraph 4: deleted

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.

Article 82 – paragraph 5: deleted

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.

Article 83 – paragraph 1 – subparagraph 2: Where classes of performance are defined in relation to more than one sustainability parameter, it shall be indicated therein in relation to which parameter this Article should be implemented.

Article 83 – paragraph 2: deleted / (deleted) / (deleted) / (deleted)

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.

RemovedArticle 84 – paragraph 1: 1. The Commission is empowered to supplement this Regulation by delegated acts according to Article 87 by establishing sustainability requirements that may be applied by Member States to public contracts.

AddedArticle 84 – paragraph 3 – introductory part: 3. When establishing sustainability requirements pursuant to paragraph 1 for green public procurement contracts, the Commission shall, in line with paragraphs 13 and 28 of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, consult experts designated by each Member State and relevant stakeholders, carry out an impact assessment and take into account at least the following criteria:

RemovedArticle 84 – paragraph 2: 2. Requirements adopted pursuant to paragraph 1 for public 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 voluntary technical specifications, contract performance clauses, or targets, as appropriate.

AddedArticle 84 – paragraph 3 – point a a (new): (aa) environmental benefits entailed by the uptake of products in the highest two performance classes;

RemovedArticle 84 – paragraph 3 – introductory part: 3. When establishing requirements pursuant to paragraph 1 for public contracts, the Commission may take into account the following criteria:

AddedArticle 84 – paragraph 3 – point c: (c) the economic feasibility for contracting authorities or contracting entities to buy more environmentally sustainable products, without entailing disproportionate costs and taking into account the availability of those products on the market;

RemovedArticle 87 – paragraph 6: 6. A delegated act adopted pursuant to Article 4(3), (4) and (5), Article 5(2) and (3), Article 6(1) to (3), Article 8, Article 11(3), Article 22(4) and (5), Article 35(4), Article 44(1), Article 73(1) and (2), Article 78(1), Article 84(1) and Article 90(4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of four months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

AddedArticle 84 – paragraph 3 – point c a (new): (ca) the Members States’ regulatory needs and different climate conditions;

AddedArticle 84 – paragraph 3 – point c b (new): (cb) the impact on, and needs of, SMEs.

AddedArticle 84 – paragraph 3 a (new): 3a. Sustainability requirements established pursuant to paragraph 1 for green public procurement contracts shall not prevent Member States from establishing more ambitious requirements.