Changes from report parliamentary committee draft to plenary report

RemovedRecital 84: (84) The registration of product information increases transparency to the benefit of safety of products and the protection of the environment and human health while also reducing administrative burden and costs for economic operators. Accordingly, the power to adopt acts in accordance with Article 291 TFEU should be delegated to the Commission to establish a centralised Union construction products database or system. At this point in time it is not possible to assess the advantages and disadvantages of possible solutions, the Commission should thus be empowered to pursue any of these paths, as appropriate.

AddedRecital 88: (88) A certain number of third countries applies Union product legislation or at least recognises certificates issued in accordance with it, be it on the basis of international agreements or unilaterally, both being in the interest of the Union. In order to give these third countries an incentive to continue this practice and other third countries to do the same, certain additional possibilities should be provided to third countries applying Union product legislation or recognising certificates issued in accordance with it. For this reason, it should be possible, after consultation with Member States, to support these particularly cooperative third countries by allowing them to participate in certain trainings and to participate in the EU construction products database, to the information system for harmonised decision-making and to the information exchange amongst authorities. Moreover, for the same reason, it should be possible to inform these particularly cooperative third countries about non-compliant or risky products.

RemovedAlignment with Article 78.

AddedRecital 90: (90) In order to enhance the use of sustainable construction products whilst avoiding market distortions and to reach alignment with the Ecodesign for Sustainable Products Regulation, Member States’ public procurement practice should target the most sustainable amongst the compliant products. Requirements applicable to public procurement contracts that are specifically tendered as green public procurement contracts set out in delegated acts should be established by the Commission based on objective, transparent and non-discriminatory criteria, taking into consideration the specific constraints of small local authorities and the needs of SMEs.

RemovedRecital 87: deleted

AddedRecital 91: (91) Public procurement amounts to 14% of the Union’s GDP. To contribute to the objective of reaching climate neutrality, improving energy and resource efficiency and transitioning to a circular economy that protects public health and biodiversity, contracting authorities and entities should, where appropriate, be encouraged to align their procurement with specific green public procurement criteria, to be set out in the delegated acts adopted pursuant to this Regulation. The sustainability criteria could take form of mandatory technical specifications or performance levels, or, as appropriate, selection criteria, award criteria or contract performance clauses, while allowing contracting authorities discretion to decide on the entirety of the criteria needed for the public procurement. The sustainability criteria set by delegated acts for specific product groups could be used not only when directly procuring those products in public supply contracts but also in public works or public services contracts where those products will be used for activities constituting the subject matter of those contracts. The criteria should be transparent, objective and non-discriminatory.

RemovedRecital is obsolete because of changes in Article 82.

AddedRecital 92: (92) In order to take into account technical progress and knowledge of new scientific evidence, ensure proper functioning of the internal market, facilitate access to the information and ensure homogeneous implementation of rules, 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 in respect of establishing product specific technical provisions and requirements; specifying the applicable assessment and verification systems set out in Annex V; determining the conditions under which obligations under other Union law fulfil certain obligations of this Regulation; amending the declaration of performance and declaration of conformity model; specifying additional environmental obligations to manufacturers; revising and supplementing procedural rules for the development of European assessment documents; establishing green public procurement requirements. This empowerment should be limited to what is required to fulfil Member States’ needs identified and included in the working plan. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making41 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliamen…

RemovedRecital 88: (88) A certain number of third countries applies Union product legislation or at least recognises certificates issued in accordance with it, be it on the basis of international agreements or unilaterally, both being in the interest of the Union. In order to give these third countries an incentive to continue this practice and other third countries to do the same, certain additional possibilities should be provided to third countries applying Union product legislation or recognising certificates issued in accordance with it. For this reason, it should be possible after consultation with Member States to support these particularly cooperative third countries by allowing them to participate in certain trainings and to participate in the EU construction products database, to the information system for harmonised decision-making and to the information exchange amongst authorities. Moreover, for the same reason, it should be possible to inform these particularly cooperative third countries about non-compliant or risky products.

RemovedAlignment with Article 82.

RemovedRecital 90: (90) In order to enhance the use of sustainable construction products whilst avoiding market distortions and to reach alignment with the Ecodesign for Sustainable Products Regulation, Member States’ public procurement practice should target the most sustainable amongst the compliant products. Requirements applicable to public procurement contracts set out by delegated acts should be established according to objective, transparent and non-discriminatory criteria.

RemovedAlignment with Article 84.

RemovedRecital 91: (91) Public procurement amounts to 14% of the Union’s GDP. To contribute to the objective of reaching climate neutrality, improving energy and resource efficiency and transitioning to a circular economy that protects public health and biodiversity, contracting authorities and entities should, where appropriate, be encouraged to align their procurement with specific green public procurement criteria or targets, to be set out in the delegated acts adopted pursuant to this Regulation. The criteria or targets set by delegated acts for specific product groups, could be used not only when directly procuring those products in public supply contracts but also in public works or public services contracts where those products will be used for activities constituting the subject matter of those contracts. The criteria should be transparent, objective and non-discriminatory.

RemovedAlignment with changes in Article 84.

RemovedRecital 92: (92) In order to take into account technical progress and knowledge of new scientific evidence, ensure proper functioning of the internal market, facilitate access to the information and ensure homogeneous implementation of rules, 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 in respect of establishing product specific technical provisions and requirements; defining the applicable assessment and verification systems set out in Annex V; determining the conditions under which obligations under other Union law fulfil certain obligations of this Regulation; amending the declaration of performance and declaration of conformity model; specifying additional environmental obligations to manufacturers; revising and supplementing procedural rules for the development of European assessment documents; establishing voluntary green public procurement requirements. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making41 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have a…

RemovedAlignment to changes in Article 4, Article 5, Article 73, Article 78 and Article 90.

Recital 93: (93) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission establishing means to transmit information; adopting the format of the European technical assessment; and to trainings in the context of this Regulation. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council42 .

Change 22

RemovedAlignment with changes in Article 33, Article 49, Article 78.

AddedRecital 98: (98) In order to ensure a high level of compliance with this Regulation, Member States should lay down rules on penalties applicable to non-compliances and ensure that those rules are enforced. The penalties provided for should be effective, proportionate and dissuasive.

RemovedRecital 94: (94) The Commission should be empowered to adopt delegated acts where, in duly justified cases relating to human health or safety or the protection of the environment, imperative grounds of urgency so require.

RemovedAlignment with changes in Article 7.

RemovedRecital 98: (98) In order to ensure a high level of compliance with this Regulation, Member States should lay down rules on penalties applicable to non-compliances and ensure that those rules are enforced. The penalties provided for should be effective, proportionate and dissuasive. In order to ensure these goals and harmonised penalties, the Commission should be empowered to develop harmonised criteria or guidance. Those criteria should at least cover the types of infringements laid down in this Regulation.

RemovedAlignment with changes in Article 90.

Recital 100: deleted

Change 23

RemovedRecital is obsolete, as Article 93 (4), to which the recital refers, has been deleted.

AddedArticle 1 – paragraph 1 – introductory part: This Regulation establishes harmonised rules for the placing and making available on the market of construction products, regardless of whether undertaken in the framework of a service or not, by establishing:

Change 24

ChangedArticle 1 – paragraph 1 – introductory part: Thispoint Regulationa: establishes(a) harmonised rules for theon makinghow availableto onexpress the market ofenvironmental, constructionincluding products,life regardlesscycle ofassessment whetherand undertakensafety inperformance theof frameworkconstruction ofproducts ain servicerelation orto not,their byessential establishing:characteristics;

Change 25

RemovedAvoiding that construction companies could be inadvertently understood as manufacturers; Addition of "direct installation" unnecessarily increases the administrative burden; The inclusion of "direct installation" undermines the legislative competence of the Member States.

RemovedArticle 1 – paragraph 1 – point a: (a) harmonised rules on how to express the environmental and safety performance of construction products in relation to their essential characteristics;

RemovedExpress mention of environment superfluous.

Article 1 – paragraph 1 – point b: (b) environmental, functional and safety product requirements for construction products.

Change 26

RemovedExpress mention of climate superfluous.

AddedArticle 1 – paragraph 2: This Regulation also establishes obligations incumbent on economic operators dealing with construction products or their components or with double use products, including the de-installation and reuse of those products.

RemovedArticle 1 – paragraph 2: This Regulation also establishes obligations incumbent on economic operators dealing with construction products or their components.

AddedArticle 1 – paragraph 2 a (new): This Regulation contributes to the efficient functioning of the internal market by ensuring the free movement of safe and sustainable construction products in the Union and to the objectives of a green and digital transition by preventing and reducing the impact that construction products have on the environment and on the health and safety of people.

RemovedClarification of scope of application.

Article 2 – paragraph 1 – subparagraph 1 – point a: (a) 3D-printed construction products;

Change 27

AddedArticle 2 – paragraph 1 – subparagraph 1 – point b: deleted

Article 2 – paragraph 1 – subparagraph 1 – point c: deleted

Change 28

RemovedConstruction products manufactured on the construction site for immediate incorporation are covered by member states regulatory requirements for construction works. These requirements are imposed using the same technical specifications. Imposing a CE marking on those products will cause unnecessary burden. Even if factory production control (FPC) system can be done on site it creates a huge burden. None of the existing harmonised technical specifications provide for appropriate FPC requirements that can be used on site. In addition, construction sites are rarely cross border thus there is no need to remove barriers to trade..

Article 2 – paragraph 1 – subparagraph 1 – point f: deleted

Change 29

RemovedKits are construction products by definition. Assemblies are installed or assembled kits and thus constitute works.

Article 2 – paragraph 1 – subparagraph 1 – point g: deleted

Change 30

RemovedAvoidance of fragmentation of the market.

Article 2 – paragraph 1 – subparagraph 2: deleted

Change 31

RemovedAvoidance of fragmentation of the market.

AddedArticle 2 – paragraph 2 – point b: (b) the economic operator has changed the intended use of those used construction products or items from the intended use assigned to those construction products or items by the initial manufacturer in another way than by a reduction in terms of performance or intended uses or to mere “decoration” purposes;

RemovedArticle 2 – paragraph 2 – point b: (b) the economic operator has changed the intended use of those used construction products or items from the intended use assigned to those construction products or items by the initial manufacturer in another way than by a reduction in terms of performance or intended uses or to mere "decoration" purposes;

AddedArticle 2 – paragraph 2 – point d a (new): (da) the economic operator is placing a used construction product on the market for the first time;

RemovedSimplification: We added "decoration"-purposes to the definitions.

AddedArticle 2 – paragraph 2 – point d b (new): (db) obligations of economic operators de-installing or dealing with used products for reuse are not fulfilled;

Change 32

ChangedArticle 2 – paragraph 3 – point b: (b) the hygiene-related quality of boilers, pipes, tanks and ancillaries and other products intended to be in contact with water for human consumption;

Article 2 – paragraph 3 – point c: deleted

Article 2 – paragraph 3 – point d: deleted

Change 33

RemovedInclusion not necessary since sanitary appliances are already covered by the Drinking Water Directive.

AddedArticle 2 – paragraph 3 – point e: deleted

Change 34

ChangedArticle 2 – paragraph 3 – point e a (new): (ea) lighting products subject to Commission Regulation (EU) 2019/2020 and lighting products subject to delegated acts under the Regulation establishing a framework for setting ecodesign requirementsDirectives for2014/35/EU, sustainable2014/53/EU productsor [ESPR].2001/95/EC;

Change 35

RemovedLighting products are not permanently integrated into buildings, as they can easily be replaced; They are not safety critical, as they comply with existing EU regulations (for example existing EU laws on mechanical effects, fire resistance or the emission of hazardous substances into buildings); They are already covered by the Ecodesign Regulation.

AddedArticle 2 – paragraph 3 – point e b (new): (eb) electrical and electronic products subject to Directives 2014/35/EU, 2014/30/EU, 2014/53/EU, RoHs Directive or the [XXX] Ecodesign for Sustainable Products Regulation.

Article 2 – paragraph 4: deleted / (deleted) / (deleted) / (deleted)