Changes from report parliamentary committee draft to plenary report

Change 55

ChangedArticle 4 – paragraph 2 – subparagraph 1: The essential characteristics identified in accordance with paragraph 1 or the essential environmental characteristics listed in Annex I Part B and the methods for their assessment shall be laid down in standards whichwhich, for the purposes of the application of this RegulationRegulation, are rendered mandatory by means of delegated acts referred to in the thirdArticle subparagraph.6a(9).

Change 56

RemovedClarifies characteristics and procedural steps.

AddedArticle 4 – paragraph 2 – subparagraph 2: For the purposes of the first subparagraph, the Commission shall issue standardisation requests in accordance with Article 10 of Regulation (EU) 1025/2012 laying down the basic principles and corner stones for the establishment of these essential characteristics and their assessment methods. These standardisation requests may include a request to determine the threshold levels and classes of performance in relation to these essential characteristics and which of the essential characteristics may or shall be declared by manufacturers. In that case, the Commission shall determine the requirements to be met for the establishment of the threshold levels, classes of performance and mandatory characteristics in the standardisation request.

Change 57

ChangedArticle 4 – paragraph 2 – subparagraph 2: For the purposes of the first subparagraph, the2 Commissiona shall(new): issueThe standardisation requests in accordance with Article 10 of Regulation (EU) 1025/2012 laying down the basic principles and corner stones forconcerning the establishmentdetermination of these essential characteristics and their assessment methods. These standardisation requests may include a request to determine the threshold levels and classes of performance inshall relationbe toaccompanied theseby essentialan characteristicsimpact andassessment, whichin accordance with paragraph 13 of the essentialInterinstitutional characteristicsAgreement mayof or13 shallApril be2016 declaredon byBetter manufacturers.Law-Making.

Change 58

ChangedArticle 4 – paragraph 2 – subparagraph 2 ab (new): TheseThe Commission shall issue standardisation requests to lay down specific requirements as regards essential characteristics for used construction products.These standardisation requests shall be issued in accordanceline with the working plan established in accordance with Article 93a.

Change 59

RemovedArticle 4 – paragraph 2 – subparagraph 2 b (new): Where the Commission considers that a standard delivered pursuant to a request made in accordance with the first subparagraph fully meets such standardisation request, it shall adopt a delegated act in accordance with Article 87 to supplement this regulation by incorporating that standard.

RemovedThe current lack of duly published standards calls for added transparency and speed in the publication of standards.

Article 4 – paragraph 2 – subparagraph 3: deleted

Article 4 – paragraph 2 – subparagraph 4: deleted

Change 60

RemovedAvoidance of redundancies.

AddedArticle 4 – paragraph 3 – introductory part: 3. While priority shall be given to the elaboration of standards, the Commission is empowered to adopt delegated acts in accordance with Article 87, supplementing this Regulation by establishing, for particular product families and categories, voluntary or mandatory essential characteristics and their assessment methods where no harmonised standard covering the relevant essential characteristics has been delivered pursuant to a request made in accordance with the first subparagraph of paragraph 2 of this Article and no such standard is expected to be delivered within a reasonable time and, in addition, any of the following conditions is fulfilled:

RemovedArticle 4 – paragraph 3 – introductory part: 3. While priority shall be given to the elaboration of standards, the Commission is empowered to supplement this Regulation by means of delegated acts in accordance with Article 87, and after consultation of the relevant European standardisation organisations and European stakeholder organisations receiving Union financing under Regulation (EU) No 1025/2012, by establishing, for particular product families and categories, mandatory essential characteristics and their assessment methods in any of the following cases:

AddedArticle 4 – paragraph 3 – point -a (new): (-a) the Commission has requested one or more European standardisation organisations to draft a harmonised standard for the requirements and the request has not been accepted by any of the European standardisation organisations;

Change 61

ChangedArticle 4 – paragraph 3 – point a: (a) there are undue and unjustified delays in the adoption of certain standards referred to in the first subparagraph of Article 4(2)by4(2) by the European standardisation organisations, whilst an undue delay is given where the European standardisation organisation does not submit a standard within threethe time frame set out in the request but not longer than 2 years after having received the standardisation request;

Change 62

RemovedIn order to speed up the publication of standards, clear timeframes is necessary. According to DIN, 2 years is the minimum amount of time needed for the creation of a standard.

AddedArticle 4 – paragraph 3 – point b: deleted

RemovedArticle 4 – paragraph 3 – point a a (new): (aa) the standardisation request has not been accepted by any of the European standardisation organisations;

AddedArticle 4 – paragraph 3 – point c: (c) one or more essential characteristics referring to basic work requirements set out in Annex I Part A or included in Annex I Part B are not covered by the standards referred to in the first subparagraph of Article 4(2) the references of which are already published in the Official Journal and the European standardisation organisations refused to revise or amend the relevant standard in due time;

Article 4 – paragraph 3 – point d: deleted

Change 63

RemovedAvoidance of legal uncertainties. It is unclear under what circumstances the main route (standardisation via the European Standardisation Organisations) can be circumvented under this paragraph.

AddedArticle 4 – paragraph 3 – point d a (new): (da) there is a need to revise or amend the standard referred to in the first subparagraph of Article 4(2) in order to cover the regulatory needs of Member States, or to align with the Union safety, environmental, circularity and climate objectives, and the European standardisation organisations refused or were unable to revise or amend the relevant standard in due time;

Article 4 – paragraph 3 – point e: deleted

Change 64

ChangedArticle 4 – paragraph 3 – point f: (f) there is a need to adapt standardsa standard or part of it which havehas been establishedadopted by a European standardisation organisationsorganisation but which cannot be published in the Official Journal;Journal in accordance with Article 6a(8);

Change 65

RemovedAlignment with the new Art. 34 (4), which allows COM to update draft standards that can't be cited because of technical or legal issues due to the old COM mandates.

AddedArticle 4 – paragraph 3 – point g: deleted

Change 66

ChangedArticle 4 – paragraph 4 – introductory part: 4. While priority shall be given to the elaboration of standardsstandards, the Commission is empowered to adopt delegated acts in accordance with Article 87 supplementing this Regulation in order to cover the urgent regulatory needs of Member States and to pursue the environmental, safety objectives and harmonisation goals of Article 114 of the Treaty on the Functioning of the European Union, the Commission is empowered to supplement this Regulation, by means of delegated acts in accordance with Article 87,Union,. afterIn consultationsuch ofcase, the relevant European standardisation organisations and European stakeholder organisations receiving Union financing under Regulation (EU)Commission Nomay 1025/2012,determine bythe determining,following for particularspecific product families and categories, the following:categories:

Change 67

RemovedAlignment with Article 4 (3); It is not clear why the procedure for threshold settings should be different comparing to the procedure for the essential characteristics; Environment and safety are not the goals of Article 114 of the TFEU.

AddedArticle 4 – paragraph 4 a (new): 4a. Before preparing a delegated act, the Commission shall inform the committee referred to in Article 22 of Regulation (EU) No 1025/2012 that it considers the conditions set out in paragraph 3 and 4 to be fulfilled.

RemovedArticle 4 – paragraph 5: deleted

AddedArticle 4 – paragraph 4 b (new): 4b. When preparing the delegated act, the Commission shall consult the relevant European standardisation organisations and European stakeholder organisations receiving Union financing under Regulation (EU) No 1025/2012.

RemovedThis empowerment it too far-reaching. It is impossible to tell what direction these amendments might take.

AddedArticle 4 – paragraph 4 c (new): 4c. Where a harmonised standard is adopted by a European standardisation organisation and is rendered mandatory by means of a delegated act referred to in Article 6a(9), the Commission shall repeal the delegated acts referred to in paragraphs 3 or 4 of this Article, or those parts thereof that cover the same requirements.

Change 68

ChangedArticle 54 – paragraph 1:5: 1.5. The Commission is empowered to supplement this Regulation, by means ofadopt delegated acts in accordance with Article 87, by specifying for the respective product family or87 category,amending productAnnex requirementsI, laidPart downA in Annex Iorder Partto Bcomply andwith C.the /standardisation Productspriorities shallestablished onlypursuant beto placedArticle on93a(2), theto marketadapt ifit theyto complyreflect withtechnical theprogress productand requirementsto setcover outnew inrisks thisand delegatedenvironmental act.aspects.

Change 69

RemovedIncrease clarity by spelling out exactly what paragraph (2) does.

AddedArticle 4 a (new): Article 4a / Product information requirements / All construction products covered by this Regulation shall, prior to their placing on the market, satisfy the product information requirements set out in Annex I Part C3. / The product information requirements set out in Annex I Part C3 may be specified for the respective product family or category by means of delegated acts adopted by the Commission in accordance with Article 87 or by means of standards following a standardisation request made by the Commission pursuant to Article 4(2). / The product information requirements laid down in Annex I Part C3 shall be provided for all construction products on the product packaging or attached in accordance with Article 21(5). For the construction products covered by harmonised technical specification information requirements shall be available via the digital product passport.

Change 70

ChangedArticle 5 – paragraph 2:1: 2.1. WhenThe specifyingCommission theis productempowered requirementsto setadopt outdelegated acts in Annexaccordance Iwith PartArticle B,87, C,supplementing thethis CommissionRegulation mayby define,specifying for particular product families and categories, which of these product requirements shall apply tothe thisrespective product family or category and lay down the corresponding assessment methods. Once the Commission has specified thesecategory, product requirements by delegated acts, it shall issue standardisation requests which aim at the elaboration of harmonised standards providing presumption of conformity with these mandatory product requirements. In the event that there is no harmonised standard, the Commission shall establish clear guidelines for manufacturerslaid ondown howin toAnnex demonstrateI conformityPart withC1 productand requirements.C2.

Change 71

RemovedClarification and creation of a unambiguous procedure for demonstrating conformity with product requirements.

AddedArticle 5 – paragraph 1 – subparagraph 1 a (new): Prior to their placing on the market, construction products covered by this Regulation shall satisfy the product requirements specified in such delegated acts.

RemovedArticle 5 – paragraph 3: deleted

AddedArticle 5 – paragraph 2: 2. When specifying the product requirements set out in Annex I Parts C1 and C2 in accordance with paragraph 1 of this Article, the Commission may define, for particular product families and categories, which of these product requirements shall apply to that product family or category and lay down the corresponding assessment methods. Once the Commission has specified those product requirements by delegated acts, it shall issue standardisation requests which aim at the elaboration of harmonised standards providing presumption of conformity with these mandatory product requirements. In the event there is no harmonised standard, the Commission shall establish clear guidelines for manufacturers on how to demonstrate conformity with product requirements.

RemovedThis empowerment is too far-reaching. It is impossible to tell what direction these amendments might take.

AddedArticle 5 – paragraph 3: 3. The Commission is empowered to adopt delegated acts in accordance with Article 87 amending Annex I Part B, C and D in order to comply with the standardisation priorities established pursuant to Article 93a(2), to adapt it to technical progress and to cover new risks and environmental aspects.

RemovedArticle 5 a (new): Article 5 a / Products information requirements / All construction products covered by this Regulation prior to being placed on the market, shall satisfy the product information requirements set out in Annex I Part D. / The Commission is empowered to supplement this Regulation, by means of delegated acts in accordance with Article 87, by specifying for the respective product family or category, the information product requirements laid down in Annex I Part D.

Article 6 – title: Assessment and verification systems

Change 72

ChangedArticle 6 – paragraph 1: 1. In order to apply a tailor-made approach and to minimise the potential burden on manufacturers whilst ensuring a high level of protection of health, safety and the environment, the Commission is empowered to supplement this Regulation by means of delegated acts in accordance with Article 87, by determining for each product family or category which of the applicable assessment and verification systemsystems among those set out in Annex V shallare to be used. It may also determine different assessment and verification systems to the same product family or category when differentiating by essential characteristic or product requirement.

Change 73

ChangedArticle 6 – paragraph 1 a (new): 1a. Assessment and verification measuressystems shall be defineddetermined together with harmonised technical specifications depending on the intended use and on the basis of clear, comprehensible and transparent criteria. The potential damage resulting from product deficiencies, the change in performance in the event of slightly deviating production conditions, the susceptibility to errors in the manufacturing process and the question of how easily manufacturing errors can be recognised shall be taken into account.

Change 74

RemovedThe monitoring of construction products is of decisive importance for ensuring safety. It is therefore all the more important that the assessment and testing systems are defined according to clear, transparent and comprehensible criteria. In Article 6 however, selection criteria for the determination of the assessment and verification systems are completely missing and could thus lead to non-transparent determinations within the framework of delegated acts.

Article 6 – paragraph 2: 2. In order to facilitate and to harmonise the application of the requirements or obligations contained in Annex V, the Commission is empowered to supplement this Regulation, by means of delegated acts in accordance with Article 87, by specifying these assessment and verification requirements and obligations for a given product family or category.

Article 6 – paragraph 3: deleted

Change 75

RemovedThere is no such concept as systematic non-compliance in the regulation; Avoidance of uncertainties for businesses.

AddedArticle 6 a (new): Article 6a / Construction products standards / 1. Construction products standards shall be established by the European standardisation organisations on the basis of a standardisation request issued by the Commission. / 2. The Commission shall adopt implementing acts laying down a clear and stable set of rules for the whole standardisation process including roles, responsibilities, competences and the general procedural deadlines for all stakeholders involved as well as templates to be used. / Those implementing acts shal be adopted no later than [1 year after entry into force of this Regulation]. / Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 88(1). / 3. At the request of a European standardisation organisation, the Commission may provide an administrative support in setting up an internal legal division within the European standardisation organisation tasked with the legal proofreading of standards and ensuring the coherence and legal flawlessness of standards. / 4. Construction products standards laid down in the implementing acts referred to in Article 4(2) shall be of mandatory application for the purposes of this Regulation from 12 months after the publication of the delegated acts adopted pursuant to paragraph 9 of this Article. They may be voluntarily applied on request of the manufacturer from the date of that publication. They shall provide the methods and the criteria for assessing the performance of the p…

Change 76

ChangedArticle 7 – paragraph 1: 1. The harmonised zone shall be presumed to be comprehensive, covering all potentialexisting and future legal requirements for construction products.

Change 77

Removed"construction product" is a defined term, so the addition of "covered by this Regulation" is redundant and might in fact reduce the legal certainty of the text.

Article 7 – paragraph 2 – subparagraph 2: deleted

Change 78

RemovedThis prohibition of additional requirements in public procurement is very far-reaching and could lead to considerable restrictions in public procurement. If an architect envisages a building with certain materials, colours or shapes, the contracting authority/builder would only be allowed to demand these properties when purchasing the products if they are covered by harmonised standards. Since harmonised standards can never cover all properties, the contracting authority would probably have to remain silent on this. This cannot be the right outcome. It is necessary that the scope of the harmonised zone or the final harmonisation is clearly limited and/or the scope of this effect for public procurement is restricted.

AddedArticle 7 – paragraph 3: 3. Member States shall communicate to the other Member States and to the Commission the essential characteristics they require for each product family or category, the respective product requirements and the assessment methods they apply. In order to facilitate this communication, Member States shall register in the Single Digital Gateway all their national regulatory and administrative measures directly or indirectly influencing the usability of construction products on their territory.

RemovedArticle 7 – paragraph 3: 3. Member States shall communicate to the other Member States and to the Commission the essential characteristics they require for each product family or category, the respective product requirements and the assessment methods they apply. In order to facilitate this communication, Member States shall register all their national regulatory, and administrative measures that directly or indirectly influence the usability of construction products on their territory, in the Single Digital Gateway.

AddedArticle 7 – paragraph 4: 4. Where a Member State deems it necessary, including in urgency situations, on imperative grounds of health, safety or the protection of persons as well as the protection of the environment, including climate, to establish requirements by regulation, or to take administrative measures in derogation of paragraph 2, it shall notify the Commission thereof, justifying the need for the procedural obligations established and explain the regulatory need it aims to address and provide evidence both for the existence of the regulatory need and the lack of coverage by the harmonised zone and other Union law. Member States shall to that end use the notification procedure under Directive (EU) 2015/1535, where applicable.

RemovedClarification and Avoidance of redundancies.

AddedArticle 7 – paragraph 5 – subparagraph 1 – introductory part: The Commission shall adopt delegated acts in accordance with Article 87 supplementing this Regulation to, by authorising the national measure notified under paragraph 4 of this Article where: