Changes from report parliamentary committee draft to plenary report

AddedArticle 84 – paragraph 3 b (new): 3b. Notwithstanding paragraphs 1 and 2, Member States may use the EU Ecolabel and other national or regional EN ISO 14024 type I ecolabelling schemes officially recognised in accordance with Article 11 of Regulation (EC) 66/2010 as award criteria, technical specifications or contract performance requirements, in line with Article 43 of Directive 2014/24/EU.

Article 88 – paragraph 1: 1. The Commission shall be guided by the Committee on Construction Products. This committee shall be a committee within the meaning of Regulation (EU) No 182/2011. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply (advisory procedure).

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;

Article 90 – paragraph 2 – point f a (new): (fa) falsifying test results for conformity or for market surveillance;

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

Article 90 – paragraph 4: 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.

RemovedArticle 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 17, 18, 19, and 26, which are repealed with effect from [10 years after the date of entry into force of this Regulation].

AddedArticle 93 – paragraph 3 – introductory part: 3. All standards that are in force on [date of application of this Regulation] shall remain valid until they are withdrawn by the Commission or otherwise repealed.

RemovedPlanning security for economic operators, taking into account the need for a continued legal basis for standardisation requests.

AddedArticle 93 – paragraph 3 – point a: deleted

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.

RemovedAnnex I – Part A – point 1 – paragraph 2: The following list of requirements for construction works shall be taken as the basis for the identification of essential characteristics of products and for the preparation of standardization requests and harmonized technical specifications.

AddedArticle 93 a (new): Article 93a / Working plan for transition and standardisation priorities / 1. The Commission shall, not later than [6 months after entry into force], establish a working plan covering at least the following three-year period. / The Commission shall be supported by an expert group composed of experts designated by the Member States and representatives of European standardisation organisations and of relevant European stakeholder organisations receiving Union financing under Regulation (EU) No 1025/2012 (‘the CPR Acquis Expert Group’). / The working plan referred to in the first subparagraph shall be publicly available. The Commission shall renew and update the working plan for the following three-year period one year before its expiration as long as this Regulation remains applicable. / If the Commission considers 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 or categories which are considered as priorities for the development of harmonised technical specifications and the issuing of standardisation requests in accordance with Article 4(2), Article 4a and Article 5 of this Regulation. This list shall be updated yearly after consultation with the CPR Acquis expert group. / 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…

RemovedThere is no need for the qualification 'basic' as there is no other type of requirement for construction works.

AddedAnnex I – title: Requirements for construction works and products

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:

AddedAnnex I – Part A – point 1 – point 1.3 – paragraph 2 – point a: (a) the emissions of hazardous substances volatile organic compounds, odours or hazardous particles into indoor air;

AddedAnnex I – Part A – point 1 – point 1.3 – paragraph 2 – point e a (new): (ea) the release of microplastics;

AddedAnnex I – Part A – point 1 – point 1.3 – paragraph 2 – point e b (new): (eb) as far as possible, the release of substances of concern into indoor air or water;

AddedAnnex I – Part A – point 1 – point 1.7 – paragraph 1: Emissions into the outdoor environment of construction works

AddedAnnex I – Part A – point 1 – point 1.7 – paragraph 2 – point a: (a) the release of hazardous substances, microplastics, or radiation into air, ground water, marine or surface waters or soil;

AddedAnnex I – Part A – point 1 – point 1.7 – paragraph 2 – point d: (d) the release of greenhouse gas emissions into the atmosphere.

AddedAnnex I – Part A – point 1 – point 1.8 – paragraph 2 – point a: (a) maximising the resource efficient use of by-products and secondary, low-carbon, sustainably sourced bio-based, or local materials as well as raw materials of high environmental sustainability and thus with a low environmental footprint;

AddedAnnex I – Part A – point 1 – point 1.8 – paragraph 2 – point b: (b) minimizing the overall amount of raw materials used and maximising the use of secondary materials where applicable;

AddedAnnex I – Part A – point 1 – point 1.8 – paragraph 2 – point c a (new): (ca) minimising the overall volumes of waste generated;

AddedAnnex I – Part A – point 1 – point 1.8 – paragraph 2 – point e a (new): (ea) easy deconstruction, use of sustainably sourced, used and recycled materials.

AddedAnnex I – Part A – point 2 – title: PART B: Essential environmental characteristics of construction products

AddedAnnex I – Part A – point 2 – paragraph 2 – introductory part: Harmonised technical specifications shall cover the following essential characteristics related to life cycle assessment:

AddedAnnex I – Part A – point 2 – paragraph 2 – point a: (a) Global Warming Potential total (mandatory);

AddedAnnex I – Part A – point 2 – paragraph 2 – point a a (new): (aa) Global Warming Potential fossil fuels (mandatory);

AddedAnnex I – Part A – point 2 – paragraph 2 – point a b (new): (ab) Global Warming Potential biogenic (mandatory);

AddedAnnex I – Part A – point 2 – paragraph 2 – point a c (new): (ac) Global Warning Potential land use and land use change (mandatory);

AddedAnnex I – Part A – point 2 – paragraph 2 – point b: (b) depletion potential of the stratospheric ozone layer (mandatory);

AddedAnnex I – Part A – point 2 – paragraph 2 – point c: (c) acidification potential, Accumulated Exceedance (mandatory);