Changes from report parliamentary committee draft to plenary report

Change 36

RemovedThis regulation applies to products and not services.

AddedArticle 2 – paragraph 5: 5. Member States may exempt from the application of this Regulation construction products covered by this Regulation that are placed on the market in the outermost regions of the European Union in the meaning of Article 349 of the Treaty on the Functioning of the European Union. Member States shall notify to the European Commission and to the other Member States the regulations providing such exemptions. They shall ensure that exempted construction products do not bear the CE marking in accordance with Article 16. Construction products placed on the market on the basis of such exemption shall not be deemed to be placed on the market in the Union in the meaning of this Regulation.

Change 37

ChangedArticle 23 – paragraph 5: 5. Member States may exempt1 from– thepoint application1: of(1) this‘construction Regulationproduct’ constructionmeans productsany andproduct itemsor covereda bykit thiswhich Regulationis thatproduced areand placed on the market or directly installedsupplied into the outermost regions ofconstruction thesite Europeanfor Unionincorporation in the meaning of Article 349 of the Treaty on the Functioning of the European Union. Member States shall notify toa thepermanent Europeanmanner Commissionin andconstruction toworks theor otherparts Memberthereof Stateswithin the regulations providing such exemptions. They shall ensure thatUnion, exemptedincluding construction3D-printed products or items doother notitems bearcovered theby CEthis markingRegulation in accordance with Article 16. Construction products or items placed on the market on the basis of such exemption shall not be deemed2(1) to be placed on the market in the Union in the meaning of this Regulation.(3);

Change 38

ChangedArticle 3 – paragraph 1 – point 1: (1)2: ‘construction(2) product’‘permanent’ means any productinstalled or a kitaffixed whichin issuch produceda ormanner placedthat onit themay marketsignificantly oraffect suppliedthe tobasic thework constructionrequirements siteand forthat incorporationit inis aintended permanentto mannerremain in the construction workswork or parts thereof withinand thecannot Union,be includingremoved 3D-printedwithout productstools or other items coveredmechanical byforce thisafter Regulationthe incompletion accordanceof withthe Articleconstruction 2(1)or torenovation (3);process;

Change 39

RemovedExtending the definition of the term “construction product” to its packaging and all other related requirements related to packaging is neither comprehensible nor reproducible or justified. It may lead to an excessive administrative burden for all market participants without discernible benefit in the production or supply chain nor for the end consumer. Including packaging in the definition could also lead to conflicts with existing European and national legislation such as the EU-Packaging Directive 94/62/EC. For simplification reasons we also suggest to merge construction products and product definitions.

RemovedArticle 3 – paragraph 1 – point 2: (2) ‘permanent’ means installed or affixed in such a manner that may significantly affect the basic work requirements and that the item cannot be removed without tools or mechanical force;

RemovedAvoidance of reduction of flexibility and administrative burden.

Article 3 – paragraph 1 – point 3: deleted

Change 40

RemovedWe have merged this definition with the definition of construction product , as there is no reason why a distinction between the two is necessary.

Article 3 – paragraph 1 – point 5: deleted

Change 41

ChangedArticle 3 – paragraph 1 – point 7: (7) ‘essential characteristics’ means those characteristics of the product which relate to the basic requirements for construction works as set out in Annex I Part A Point 1 or the environmental characteristics which have been listed in Annex I Part A Point 2;B;

Change 42

ChangedArticle 3 – paragraph 1 – point 8: (8) ‘product requirements’ means a threshold level or another characteristic with which a product has to comply before it can be placed on the market, covering the directly applicable general product requirements set out in Annex I Part DC 1 and theC product2, specificand requirementsspecified laidin downaccordance inwith AnnexArticle I5, Partwith Bwhich anda Cconstruction andproduct specifiedhas into accordancecomply withbefore Articleit 5(2);can be placed on the market;

Change 43

RemovedClarification by specifying where in the Annex these product requirements can be found.

AddedArticle 3 – paragraph 1 – point 9: (9) ‘economic operator’ means the manufacturer, the authorised representative, the importer, the distributor, the fulfilment service provider, the manufacturer, importer or distributor of materials intended for 3D-printing of products, online seller, the broker, the supplier, the service provider, the own-brand-labeller or any other natural or legal person who is subject to this Regulation in relation to the manufacturing, de-installation for re-use, re-manufacturing of products, or making those products available on the market in accordance with this Regulation; / (deleted)

RemovedArticle 3 – paragraph 1 – point 9: (9) ‘economic operator’ means the manufacturer, the authorised representative, the importer, the distributor, the fulfilment service provider, the 3D-printing service provider, manufacturer, importer or distributor of materials intended for 3D-printing of products, online seller, the broker, the supplier, the service provider, the own-brand-labeller or any other natural or legal person, who is subject to this Regulation in relation to the manufacturing, de-installation for re-use, re-manufacturing of products, or making those products available on the market in accordance with this Regulation; / (deleted)

AddedArticle 3 – paragraph 1 – point 10: deleted

RemovedArticle 3 – paragraph 1 – point 10: (10) ‘3D-printing service provider’ means any natural or legal person offering, in the course of a commercial activity, one of the following services: renting or leasing out 3D-printers, printing a construction product on the basis of 3D-printing datasets, or brokering one of these services, regardless of whether the printing material is provided by that person or not;

RemovedClarification.

Article 3 – paragraph 1 – point 15: deleted

Change 44

RemovedClarification; Definition brings no added value.

AddedArticle 3 – paragraph 1 – point 16: (16) ‘level’ means the expression of performance without a classification of potential performance or a specified minimum or maximum;

Change 45

ChangedArticle 3 – paragraph 1 – point 16:17: (16)(17) ‘level’‘class’ means thean expression of performance withoutwithin a classificationsystematic division of potential performances and/or a specified minimum or maximum;performances;

Change 46

RemovedCharacteristics such as dimensions are expressed in single values or binary terms, such as "pass" or "fail", whereas other characteristics are expressed as a minimum or maximum performance, such as strength. This amendment aims to reflect this.

RemovedArticle 3 – paragraph 1 – point 17: (17) ‘class’ means an expression of performance according to a systematic division of potential performances;

Article 3 – paragraph 1 – point 22: deleted

Change 47

RemovedAvoidance of confusion due to the similarities with the definition of "kit".

Article 3 – paragraph 1 – point 24 – point a: (a) has not been subject to a process going beyond repair, cleaning or regular maintenance, as specified by the original manufacturer in its instructions for use or acknowledged to be necessary according to the most up-to-date subject-specific engineering knowledge;

Article 3 – paragraph 1 – point 25: (25) ‘intended use’ means the intended use as determined by the manufacturer of the construction product as defined in the applicable harmonised technical specification;

Change 48

RemovedThe definition suggested assumes that manufacturers can foresee the needs of users at the end of the supply chain, even though they may vary from Member State to Member State because of traditions and conditions at regional/local levels. This would hinder the functioning of the internal market.

AddedArticle 3 – paragraph 1 – point 26: (26) ‘repair’ means the process of fixing a faulty product or replacing its defective components, in order to return the product to a condition where it can fulfil its intended use;

AddedArticle 3 – paragraph 1 – point 27: (27) ‘maintenance’ means an action carried out to retain a product in a condition where it is able to function as specified;

AddedArticle 3 – paragraph 1 – point 31: (31) ‘product type’ means the abstract model of individual products, defined by the same set of declared performances;

Article 3 – paragraph 1 – point 32: (32) ‘state of the art’ means a way to achieve a certain goal which is either the most effective and advanced or close to it and thus above the average of ways which can be chosen or a performance representing what is currently possible applying common technologies, whether or not it is the most technologically advanced solution;

Change 49

RemovedThe suggested extremely high new compliance standard appears unbalanced and difficult to meet in practice. “State of the art” should be defined along a more practice-oriented line that reflects the realities of the sector and of member state practice.

AddedArticle 3 – paragraph 1 – point 38: (38) ‘harmonised zone’ means the sphere jointly covered by this Regulation, the harmonised technical specifications, and Commission acts of general applicability related to construction products adopted pursuant to this Regulation;

RemovedArticle 3 – paragraph 1 – point 38: (38) ‘harmonised zone’ means the sphere jointly covered by this Regulation, the harmonised technical specifications, and the Commission acts of general applicability related to the construction products adopted pursuant this Regulation;

RemovedClarification.

Article 3 – paragraph 1 – point 39: deleted

Change 50

RemovedThis definition is superfluous and brings no added value.

AddedArticle 3 – paragraph 1 – point 42: (42) ‘individually manufactured’ means that, due to the specifications of the client, there is a need for readjustment of the production equipment for the manufacture when compared with all other products produced for other clients by the economic operator in question;

RemovedArticle 3 – paragraph 1 – point 46 a (new): (46a) ‘QR code’ means a matrix barcode that links to a website which is stable both for its content and the address (“URL”);

AddedArticle 3 – paragraph 1 – point 44: deleted

RemovedArticle 3 – paragraph 1 – point 48: deleted

AddedArticle 3 – paragraph 1 – point 45 a (new): (45a) ‘data carrier’ means a linear bar code symbol, a two-dimensional symbol or other automatic identification data capture medium that can be read by a device;

RemovedManufactures cannot foresee whether the construction products may also be used for example for decorative purposes.

AddedArticle 3 – paragraph 1 – point 46: (46) ‘harmonised technical specifications’ means construction products standards established in accordance with Article 4(2) and delegated acts adopted in accordance with Article 4(3) and (4), Article 5(1), or Article 22(4) that contain technical prescriptions;

AddedArticle 3 – paragraph 1 – point 48: (48) ‘double use product’ means a product that is intended by its manufacturer to be used as a product or as an item with another use that would fall outside of the scope of this Regulation if it had only that other intended use;

Article 3 – paragraph 1 – point 51: deleted

Change 51

RemovedThis definition is redundant and brings no added value.

Article 3 – paragraph 1 – point 57: (57) ‘broker’ means any natural or legal person providing an intermediation service for the placing on the market of products;

Article 3 – paragraph 1 – point 69: deleted

Change 52

RemovedThis is redundant and brings no added value.

Article 3 – paragraph 1 – point 70: (70) ‘product presenting a risk’ means a product that, whenever during its entire life-cycle, has an inherent potential to affect adversely the health and safety of persons, the environment or the fulfilment of basic requirements for construction works when incorporated in those works, to a degree which, taking account of the state-of-the-art, goes beyond what is considered reasonable and acceptable in relation to its intended use and under normal or reasonably foreseeable conditions of use;

Change 53

ChangedArticle 3 – paragraph 1 – point 71 a (new): (71a) ‘decoration‘decorative purposes’ means purposes defined by the absence of any structural function or basic requirements for the construction works.works as listed in Annex I;

Change 54

RemovedIncrease clarity.

AddedArticle 3 – paragraph 1 – point 71 b (new): (71b) ‘by-product’ means a ‘by-product’ within the meaning of Article 5 of Directive 2008/98/EC;

RemovedArticle 4 – paragraph 1: 1. The basic requirements for construction works, set out in Annex I Part A shall constitute the basis for the identification of essential characteristics of construction products. The essential characteristics of construction products shall be identified by the Commission, taking into account the regulatory needs of the Member States. The identified essential characteristics, together with the essential environmental characteristics listed in Annex I Part B, shall form the basis for the preparation of standardisation requests and harmonised technical specifications.

AddedArticle 3 – paragraph 1 – point 71 c (new): (71c) ‘recyclability’ means the ability of waste materials or products to be effectively and efficiently separated, collected, sorted and aggregated as defined waste streams in preparation for recycling, and then recycled through relevant industrial processes and reprocessed into recycled materials or products, whilst minimising quality or functionality losses compared to the original material or product.

RemovedClarifies what the annex is about and the procedural steps.

AddedArticle 4 – paragraph 1: 1. The basic requirements for construction works, set out in Annex I Part A shall constitute the basis for the identification of essential characteristics of construction products. The essential characteristics of construction products shall be identified by the Commission, taking into account the regulatory needs of the Member States and Union safety, environmental, circularity and climate objectives. The essential characteristics identified, together with the essential environmental characteristics listed in Annex I Part B, shall form the basis for the preparation of standardisation requests and harmonised technical specifications.