Changes from report parliamentary committee draft to plenary report

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

Changedon the proposal for a regulation of the European Parliament and of the Council Layinglaying down harmonised conditions for the marketing of construction products, amending Regulation (EU) 2019/1020 and repealing Regulation (EU) 305/2011

▸6 unchanged paragraphs

(COM(2022)0144 – C90129/2022 – 2022/0094(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2022)0144),

– having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90129/2022),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

Added– having regard to the opinion of the European Economic and Social Committee of 26 October 2022;

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the opinion of the Committee on the Environment, Public Health and Food Safety,

– having regard to the opinion of the Committee on Industry, Research and Energy,

Changed– having regard to the report of the Committee on the Internal Market and Consumer Protection (A90000/2022),(A9-0207/2023),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Change 1

ChangedRecital 2: (2) In order for a construction product covered by a harmonised technical specification to be placed on the market, the manufacturer is obliged to draw up a declaration of performance for such product. The manufacturer assumes the responsibility for the conformity of the product with such declared performance. Certain individually manufactured or custom-made products should be exempted from this obligation.obligation, such as individually manufactured or custom-made products.

Recital 4: (4) It is necessary to establish well-functioning information flows, including via electronic means and in a machine-readable format, to ensure that coherent and transparent information about construction products performances is available along the supply chain. This is expected to increase transparency and to improve efficiency in terms of information transfer. Ensuring digital access to comprehensive information about construction products would contribute to the digitalisation of the construction sector altogether, making the framework fit for the digital age. Access to reliable and durable information would also mean that economic operators and other actors do not contribute to each other’s non-compliance.

Change 2

RemovedRecital 5: (5) In order to take into account the European Union’s patch to green transition, the construction sector should aim to become more sustainable by addressing the sustainability performance of construction products. It is therefore appropriate to lay down rules for declaring environmental and sustainability performance of construction products, including the possibility of establishing relevant thresholds and classes in addition to the rules aiming to ensure construction safety. / (deleted) / (deleted) / (deleted) / (deleted)

AddedRecital 7: (7) Pursuing environmental goals, including the fight against climate change and the transition towards a circular economy, makes it necessary to establish, without increasing disproportionately bureaucracy and costs for economic operators, especially for SMEs, new environmental obligations and develop and apply an assessment method for the calculation of the environmental sustainability of construction products based on EN 15804 and widely used Environmental Product Declarations (‘EPDs’) by construction product manufacturers. This is essential to ensure the correct calculation of the environmental impact at the building level according to EN 15978. For the same reason, it is necessary to extend the range of regulated economic operators, since distributors, suppliers and manufacturers all have a role to play in the calculation of the environmental sustainability in the construction sector. That range should therefore be extended into two directions, downstream from the distributors to the economic operators preparing re-use and remanufacturing of construction products and upstream from the manufacturer over the suppliers of intermediate products and/or raw materials. Moreover, certain operators coming into play in the context of dismantling used products or other parts of construction works or remanufacturing and re-use thereof need to contribute to a safe second life of construction products.

RemovedRecital 9: (9) It is possible that different economic operators provide a 3D-printing dataset, a 3D-printing machine or mould, and the material to be used therein, leading to a situation where none of those operators would be responsible for the safety and appropriate performance of the 3D-printed product. To avoid such situations, it is therefore necessary to clarify that 3D-printing service providers when placing on the market products for clients should fulfil the obligations incumbent on manufacturers. In addition, it is necessary to ensure that when they act as manufacturer they inform their clients that the information on the datasets is available and the materials intended to be used for 3D-printing comply with applicable requirement of construction products.

AddedRecital 8: (8) To ensure safety and functionality of construction products and, by extension, of construction works as well as workers and consumers, certain service providers such as fulfilment service providers should not contribute to the non-compliances of other economic operators. It is therefore necessary to render relevant provisions applicable also to these services and their providers.

RemovedEnsure consistency with Article 28.

AddedRecital 9: (9) It is possible that different natural or legal persons 3D-print construction products. It is therefore necessary to clarify that a natural or legal person that 3D-prints construction products when placing on the market products for clients should fulfil the obligations incumbent on manufacturers. In addition, it is necessary to ensure that that person uses the appropriate 3D-datasets, as well as that the materials used have undergone the procedures applicable to products and that the information provided by the manufacturer of the 3D-dataset and the information provided by the manufacturer of the printing material coincide.

Change 3

ChangedRecital 10: (10) Micro-enterprises often individually manufacture and install products on site. Subjecting those micro-enterprises under all circumstances to the same rules as other enterprises would disproportionally affect those micro-enterprises. It is therefore necessary to enable Member States to exempt micro-enterprises from drawing up a declaration of performance in specific situations, where the interests of other Member States are not affected. Local authorities should be provided with the necessary financing mechanisms to help micro-enterprises access and be part of the sustainable product market.

Change 4

RemovedClarification; Initial recital could be understood that all companies carrying out construction works would be obliged to CE-mark and thus be subject to the same rules than manufacturers, distributors and importers.

Recital 11: (11) Ensuring the free movement of kits of construction products on the internal market will bring tangible benefits to citizens, consumers and businesses, particularly.

Recital 12: deleted / (deleted)

Change 5

RemovedSmall family houses are considered as construction works in several Member states. The Commission's proposal to cover prefabricated houses only in some Member States will create a market fragmentation and thus should be excluded from the scope.

AddedRecital 14: (14) Construction products that have already been assessed and are reused should not be subject to the rules that apply to new construction products. However, used construction products that have never been placed on the Union market before, should be subject to the same rules as new construction products, given that such products have never been assessed. This applies to construction products manufactured on the construction site for immediate incorporation into the construction works.

AddedRecital 15: (15) To ensure that safety and functionality of construction products is safeguarded, rules applicable to new construction products should also apply to used construction products where the intended use is changed, except to decoration purposes, for used construction products with unclear initial intended use, for used construction products which have undergone an important transformative process, for used construction products for which an economic operator claims additional characteristics or the fulfilment of product requirements and for used construction products that the economic operator is placing on the market for the first time.

Recital 17: (17) Construction products placed on the market in the outermost regions of the European Union are often imported from neighbouring countries, and are therefore not subject to requirements laid down in Union law. Subjecting those construction products to such requirements would be disproportionately costly. At the same time, construction products manufactured in the outermost regions hardly circulate in other Member States. Accordingly, Member States should have the possibility to exempt construction products placed on the market in the outermost regions of the European Union from those requirements.

Change 6

ChangedRecital 18: (18) In order to strive for a maximum of regulatory coherence, this Regulation should to the extent possible build on the horizontal legal framework, in this case namely on Regulation (EU) No 1025/2012 of the European Parliament and of the Council. However, in line with other product legislation, this Regulation provides a fall-back solution in exceptional welland definedwell-defined cases where the application of a legislative act is at risk. As no harmonised standards for construction products could be cited in the Official Journal since late 2019 and only some dozen since Regulation (EU) No 305/2011 came into force, the Commission in collaboration with European standardisation organisations should establish a workable solution permitting to optimise the overall output of technical specifications so to catch up the delay in the adaptation to technical progress.

Change 7

ChangedRecital 19: (19) Where harmonised standards lay down the rules for the assessment of performances with regard to essential characteristics relevant for the construction codes of Member States, harmonised standards should be rendered mandatory for purpose of application of this Regulation, as only such standards reach the goal of permitting the free circulation of products, whilst ensuring the Member States’ ability to request safety and environmental, including climate-related, product characteristics in view of their differences in climate, geology and geography and other conditions prevailing in the Member States.States’ specific national situation. When pursued together, these two goals require that products are assessed by a single assessment method, therefore the method needs to be mandatory. However, voluntary standards can be used to make product requirements, specified for the relevant product family or category by Delegated Acts, even more concrete, following the path of Decision 768/2008 of the European Parliament and of the Council. In line with Decision 768/2008, those standards should be able to provide a presumption of conformity with the requirements covered by them.

Change 8

RemovedDelimit competences and clarify the relationship of the Construction Product Regulation to the building regulations of the Member States.

AddedRecital 20: (20) In order to contribute to the objectives of the European Green Deal, the Circular Economy Action Plan and the Zero Pollution Action Plan, and to ensure safe construction products, safety being one of the goals to be pursued in the legislation based on Article 114 of the Treaty on the Functioning of the European Union (TFEU), inherent product requirements related to safety, functionality and protection of environment, including climate, are necessary. When setting these requirements, the Commission should address the safety risks and take into account the requirements’ potential contribution to achieving Union climate, environmental and energy efficiency objectives. These requirements do not merely relate to the performance of construction products. Contrary to its predecessor Directive 89/106/EC, Regulation (EU) No. 305/2011 does not provide for the possibility to establish such inherent product requirements. However, certain harmonised standards for construction products contain such inherent product requirements which can relate to environment, to safety or simply to the good functioning of the product. These standards demonstrate that there is a practical need for such requirements on safety, the environment or simply the functioning of products. Article 114 TFEU as the legal base of this Regulation also imposes the pursuit of a high level of protection of the environment, health and human safety. Thus, this Regulation should (re-)introduce or validate inherent produc…

RemovedRecital 20: (20) In order to contribute to the objectives of the European Green Deal and the Circular Economy Action Plan, and to ensure safe construction products, safety being one of the goals to be pursued in the legislation based on Article 114 of the Treaty on the Functioning of the European Union (TFEU), inherent product requirements related to safety, functionality and protection of environment, including climate, are necessary. When setting these requirements, the Commission should address the safety risks and take into account their potential contribution to achieving Union climate, environmental and energy efficiency objectives. These requirements do not merely relate to the performance of construction products. Contrary to its predecessor Directive 89/106/EC, Regulation (EU) No. 305/2011 does not provide for the possibility to establish such inherent product requirements. However, certain harmonised standards for construction products contain such inherent product requirements which can relate to environment, to safety or simply to the good functioning of the products. Hence, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to specify those requirements for the respective construction product family or category.

AddedRecital 21: (21) Manufacturing and distribution of construction products becomes ever more complex, leading to the emergence of new specialised operators, such as fulfilment service providers. For reasons of clarity, certain generic obligations, including on cooperation with authorities, should be applicable to all those involved in the supply chain, the manufacturing, the distribution, own-brand-labelling or secondary trade, installation, de-installation for re-use or remanufacturing, and the remanufacturing itself. Moreover, suppliers should be obliged to cooperate with market surveillance authorities for purposes of environmental sustainability assessment. For those reasons and to avoid repetition of obligations, the term ‘economic operator’ should be defined widely, encompassing all those actors so that basic generic obligations can in one strike be established for all of them. However, the widening of the scope for such obligations as regards service providers should not be wrongly interpreted as an obligation for those service providers merely concerned with the installation of products as regards CE-labelled products that they are handling in connection with their profession. That obligation will remain exclusively with the manufacturer or any natural or legal persons acting on its behalf.

RemovedRecital 21: (21) Manufacturing and distribution of construction products becomes ever more complex, leading to the emergence of new specialised operators, such as fulfilment service providers. For reasons of clarity, certain generic obligations, including on cooperation with authorities, should be applicable to all those involved in the supply chain, the manufacturing, the distribution, own-brand-labelling, the repackaging or secondary trade, installation, de-installation for re-use or remanufacturing, and the remanufacturing itself. Moreover, suppliers should be obliged to cooperate with market surveillance authorities for purposes of environmental sustainability assessment. For those reasons and to avoid repetition of obligations, the term ‘economic operator’ should be defined widely, encompassing all those actors, so that basic generic obligations can, in one strike, be established for all of them. However, the widening of the scope for these obligations for service providers should not be wrongly interpreted as an obligation for those service providers merely concerned with the installation of products to CE-label products they are handling in connection to their profession. That obligation will remain exclusively with the manufacturers or any natural or legal persons acting on their behalf.

AddedRecital 23: (23) In order to improve legal certainty and to mitigate the fragmentation of the EU market for construction products due to the existence of national requirements and marks, it is necessary to clearly define the area regulated at the EU level, the so-called ‘harmonised zone’, as opposed to the elements remaining within the remit of Member States’ national regulatory sphere.

RemovedRecital 22: (22) In order to foster harmonised practices amongst Member States even where a consensus about these practices could not be found, the Commission should be empowered to adopt, at the request of a Member State, an implementing act concerning the regulatory status of the products.

AddedRecital 23 a (new): (23a) Member States set the safety level for construction works on the basis of their responsibilities towards their citizens, while the Union determines the framework conditions for the internal market. The competence to adopt provisions on construction works remains with the Member States. The basic requirements for construction works set out in Annex I, Part A of this Regulation establish the links to construction products that are technically necessary, and serve as a basis for issuing standardisation requests to the European standardisation organisations for the development of standards for construction products, as well as for the development of European Assessment Documents and corresponding delegated acts.

RemovedAlignment with the changes in the articles 33, 62 and 85 concerned by the recital.

AddedRecital 23 b (new): (23b) The harmonised zone should also apply to public contracts, grants or other positive incentives with the exception of fiscal incentives.

RemovedRecital 23 a (new): (23a) Member States set the safety level for construction works on the basis of their responsibilities towards their citizens, while the EU determines the framework conditions for the internal market. The competence to adopt provisions on construction works remains with the Member States. The essential requirements for construction works in Annex I, Part A, point 1 of this Regulation establish the links to construction products that are technically necessary, and serve as a basis for issuing standardisation requests to the European standardisation organisations for the development of standards for construction products, as well as for the development of European Assessment Documents and corresponding delegated acts.

AddedRecital 24: (24) At the same time, in order to strike a balance between mitigating the fragmentation of the market and the Member States’ competence to regulate construction works, it is necessary to provide for a mechanism to better integrate Member States’ needs into the development of harmonised technical specifications. Member States are responsible for the safety, environmental and energy requirements that apply to construction and civil engineering works. For this reason, a mechanism allowing Member States to set, based on imperative grounds of health, safety or environmental protection additional requirements for construction products should be established in order to enable Member States to react to special circumstances in their territory.

RemovedClarify competence of Member States vis-à-vis EU legislation.

AddedRecital 25: (25) A circular economy, the key element of the Circular Economy Action Plan, can be promoted by mandatory deposit-refund systems and the obligation to take back used or unused non-custom-made products. Member States should therefore be allowed to take measures in order to ban the unnecessary destruction of construction products.

RemovedRecital 24: (24) At the same time, in order to strike a balance between mitigating the fragmentation of the market and the Member States’ competence to regulate construction works, it is necessary to provide for a mechanism to better integrate Member States’ needs into the development of harmonised technical specifications. Member States are responsible for the safety, environmental and energy requirements that apply to construction and civil engineering works. For this reason, a mechanism allowing Member States to set, based on imperative grounds of health, safety or environmental protection, additional requirements for construction products should be established in order to enable Member States to react to special circumstances unique to their territory.

AddedRecital 26: (26) In order to enhance legal clarity and reduce the administrative burden for the economic operators, it is necessary to avoid that construction products are subject to multiple assessments regarding the same aspect of health, safety or protection of the environment, including climate, under different Union legislation. This was confirmed by the REFIT platform recommending that the Commission gives priority to addressing the problems of overlapping and repetitive requirements. The Commission should thus be able to determine the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations of this Regulation.

RemovedClarify Member States' competence for construction works.

Recital 27: (27) Moreover, in order to avoid diverging practices of Member States and economic operators, at the request of one or more Member States, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to determine whether certain construction products fall within the definition of construction product.

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.

RemovedImprove user-friendliness.

AddedRecital 35: (35) In order to reach alignment with other product legislation and subject to the general principles of Regulation (EC) No 765/2008, the CE marking should be affixed to construction products for which the manufacturer has drawn up a declaration of performance or conformity. The manufacturer thereby takes the responsibility for the conformity of the product with the declared performance and applicable product requirements. A CE marking should be sufficient proof of the conformity of a product with the characteristics and requirements laid down by this Regulation. Member States should not therefore introduce any barriers to their markets based on characteristics and requirements that are not covered by the harmonised zone.