Changes from report parliamentary committee draft to plenary report

RemovedArticle 7 – paragraph 5 – subparagraph 1 – introductory part: The Commission shall, by means of delegated acts, authorise the national measure notified under paragraph 4 where:

Article 7 – paragraph 5 – subparagraph 1 – point a: (a) it ascertains that the regulation or administrative measure is duly justified in the light of imperative grounds of health, safety or protection of the environment referred to in paragraph 4;

Change 79

ChangedArticle 7 – paragraph 5 – subparagraph 2: Those delegated acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).deleted

Article 7 – paragraph 5 – subparagraph 3: deleted

Change 80

RemovedThis subparagraph is redundant.

Article 7 – paragraph 6: deleted

Change 81

RemovedMoved to Article 7 - paragraph 3.

AddedArticle 7 – paragraph 7 – introductory part: 7. This Regulation does not hinder Member States to introduce mandatory deposit-refund systems, to oblige manufacturers to take back used or not used non-custom-made products directly or via their importers and distributors and to establish obligations regarding the collection and the treatment of products for waste, provided that all of the following is complied with:

RemovedArticle 7 a (new): Article 7a / 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 provide legally binding criteria on how the standards drawn up by the European standardisation organisations should be structured in terms of content and form by means of implementing acts. / Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 88(1) no later than [1 year after entry into force]. / 3. Upon request by 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 developed pursuant to Article 4(2) shall be of mandatory application for the purposes of this Regulation as of six months after the publication in the Official Journal of the delegated acts incorporating them in accordance with that paragraph, but may be voluntarily applied on the request of the manufacturer as from the date of that publication. They shall provide the methods and the criteria for assessing the performance of the products in relation to their essential characteristics. These standards shall, where appropriate and without endangeri…

AddedArticle 7 – paragraph 8: 8. Member States may ban the destruction of surplus and unsold products and products taken back in accordance with Article 22(2), point (j) and Article 26 or make the destruction of these products dependent on their prior making available on a national brokering platform for non-commercial use of products.

RemovedPrevent further backlog of standards by introducing legally binding criteria or guidelines, meant to ensure the high quality of the standard; Increase transparency and cooperation; Speed up norm-creating process; Improve information flow between COM and CEN/CENELEC.

AddedArticle 8 – paragraph 1: To avoid double assessment of the same aspects of products which are related to health, safety or protection of the environment, the Commission is empowered to supplement this Regulation by delegated acts adopted in accordance with Article 87 by determining the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations under this Regulation.

RemovedArticle 8 – paragraph 1: To avoid double assessment of the same health, safety or protection of the environment aspects of products, the Commission is empowered to supplement this Regulation by delegated acts adopted in accordance with Article 87 by determining the conditions under which:

AddedArticle 8 – paragraph 1 a (new): Where conflicts arise between this Regulation and Regulation (EU) 2019/1020, Regulation (EU) 1025/2012, Regulation 765/2008/EC, Directive 2001/95/EC, Directive (EU) 2019/1937, and [XXX] (Ecodesign for Sustainable Products Regulation), this Regulation shall prevail.

RemovedArticle 8 – paragraph 1 – point a (new): (a) the fulfilment of obligations under other Union law also fulfils certain obligations under this Regulation;

AddedArticle 9 – paragraph 1: 1. Where a construction product is covered by a harmonised technical specification adopted in accordance with Article 4(2), (3) or (4) the manufacturer shall undergo the applicable assessment and verification system set out in Annex V and draw up a declaration of performance before such a product is placed on the market. A manufacturer of a product which is not covered by any harmonised technical specification may issue a declaration of performance in accordance with the relevant European assessment document and European technical assessment.

RemovedArticle 8 – paragraph 1 – point b (new): (b) the fulfilment of this Regulation also fulfils certain obligations under other Union law.

Article 9 – paragraph 3: 3. By drawing up the declaration of performance, the manufacturer assumes responsibility for the conformity of the product with such declared performance and becomes liable in accordance with Union and national laws on contractual and extra-contractual liability. In the absence of objective indications to the contrary, Member States shall presume the declaration of performance drawn up by the manufacturer to be accurate and reliable.

Change 82

RemovedExtension of liability is unnecessary.

AddedArticle 10 – paragraph 1 – point a: (a) the product is individually manufactured or custom-made in a non-series process in response to a specific order, by a manufacturer who is also responsible for the safe incorporation of the product into the construction work in compliance with the applicable national rules, and under the supervision of those responsible for the safe execution of the construction works designated under the applicable national rules;

RemovedArticle 10 – paragraph 1 – point a: (a) the product is individually manufactured or custom-made in a non-series process in response to a specific order, and installed in a single identified construction work, by a manufacturer who is also responsible for the safe incorporation of the product into the construction work in compliance with the applicable national rules, and under the supervision of those responsible for the safe execution of the construction works designated under the applicable national rules;

AddedArticle 10 – paragraph 1 – point b: deleted

RemovedArticle 10 – paragraph 1 – point b: (b) the product is manufactured on the construction site, in a non-series process for its incorporation in the respective construction work in compliance with the applicable national rules and under the supervision of those responsible for the safe execution of the construction works designated under the applicable national rules; or

Article 10 – paragraph 3: deleted

Change 83

RemovedConstruction works are not in the scope of the Regulation.

AddedArticle 11 – paragraph 2: 2. The declaration of performance shall be drawn up using the model set out in Annex II without points 12 and 13c thereof.

RemovedArticle 11 – paragraph 2: 2. The declaration of performance shall be drawn up using the model set out in Annex II without points 12 and 13c of this model.

AddedArticle 11 – paragraph 4: 4. Safety data sheets referred to in Article 31 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council45 shall be provided together with the declaration of performance where the construction product is supplied to an industrial or professional user. / The information referred to in Article 33 of Regulation (EC) No 1907/2006 shall be provided to consumers together with the declaration of performance.

RemovedAvoidance of confusion.

AddedArticle 12 – paragraph 2: 2. Where there is no declaration of performance available for a used product issued by the initial manufacturer or another economic operator pursuant to this Regulation or Regulation (EU) 305/2011, an economic operator may issue a new declaration of performance without undergoing a full procedure in accordance with this Regulation where it limits the intended use to decorative purposes. Where the economic operator has used this derogation, the declaration of performance shall be labelled “declaration of performance for used product for decorative purposes” .

RemovedArticle 12 – paragraph 2: 2. Where there is no declaration of performance available for a used product issued by the initial manufacturer or another economic operator pursuant to this Regulation or Regulation (EU) 305/2011, an economic operator may issue a new declaration of performance without undergoing a full procedure in accordance with this Regulation where it limits the intended use to decorative purposes. Where the economic operator has used this derogation, the declaration of performance shall be labelled “declaration of performance for used product”.

RemovedAlignment with the definition in Article 3.

Article 12 – paragraph 3 – subparagraph 2: Member States shall set-up requirements for de-installers and the certification to be provided in accordance with this paragraph, including on the definition of stresses that render the product unsuitable.

Change 84

ChangedArticle 12 – paragraph 4: 4. Paragraphs 1 to 3 shall also apply to remanufactured products, if the transformative process,process does not jeopardise the compliance with the performance of the product in relation to the relevant characteristics. Where the economic operator has used this derogation, the declaration of performance shall be labelled “declaration of performance for re-manufactured product”.

Change 85

RemovedAvoidance of redundancies.

Article 12 – paragraph 5 – subparagraph 1 – introductory part: Paragraphs 1 to 4 shall also apply to all of the following:

Change 86

AddedArticle 12 – paragraph 6 – subparagraph 2: Article 21(2) shall not apply to products falling under the derogations of paragraphs 1 to 5. However, the economic operators shall provide the information set out in Annex I Part C3.

Article 12 – paragraph 9: 9. This article shall not apply to used, remanufactured or surplus products which have never been placed on the Union market.

Change 87

RemovedArticle 13 – paragraph 3: 3. By the declaration of conformity, the manufacturer assumes responsibility for the conformity of the product with the product requirements and becomes liable in accordance with national laws on contractual and extra-contractual liability, and this even where it did not act negligently. In the absence of objective indications to the contrary, Member States shall presume the declaration of conformity drawn up by the manufacturer to be accurate and reliable.

AddedArticle 13 – paragraph 1 – point a: (a) verify the product’s compliance with the product requirements of Annex I, Parts C1 and C2 to the extent that they have been specified by delegated acts in accordance with Article 5(1), and with the product information requirements of Annex I, Part C3;

RemovedAvoidance of redundancies.

AddedArticle 13 – paragraph 3: 3. By the declaration of conformity, the manufacturer assumes responsibility for the conformity of the product with the product requirements and becomes liable in accordance with national laws on contractual and extra-contractual liability. In the absence of objective indications to the contrary, Member States shall presume the declaration of conformity drawn up by the manufacturer to be accurate and reliable.

AddedArticle 14 – paragraph 1: 1. The declaration of conformity shall express conformity of a product with product requirements referred to in Article 5 and product information requirements referred to in Article 4a.

Article 14 – paragraph 3: 3. Article 12 shall apply with regard to the declaration of conformity.

Change 88

RemovedThe reference to Article 11 is not necessary since both declarations should be combined.

AddedArticle 14 – paragraph 4: 4. The manufacturer shall fulfil the obligations of this Article as from 18 months after the date of application of the relevant harmonised technical specification.

Change 89

ChangedArticle 15 – paragraph 2 – subparagraph 1: Where theThe declaration is provided by electronic means,means theshall manufacturerbe shallissued issueby thatthe declarationmanufacturer in a commonly machine readable,machine-readable, but unamendable electronic format. To/ ensureThe Commission shall issue standardisation requests which aim at the availabilityelaboration of informationstandard overformats time,for machine-readable declarations for each harmonised technical specification. / The Commission shall ensure that these standard formats are developed according to a uniform concept. As part of the commonly readable electronic format, the manufacturer may use a permalink or a QR-Codedata carrier provided that the permalink or QR-Codedata carrier and the document accessible via the permalink or QR-Codedata carrier are unamendable. Commission Delegated Regulation (EU) No 157/201446 shall apply under this Regulation.

Article 15 – paragraph 3: deleted

Change 90

ChangedArticle 16 – paragraph 2: 2. The CE marking shall be affixed to those products for which the manufacturer has drawn up a declaration of performance oror, where applicable, a declaration of performance and conformity in accordance with Articles 9 and 11 to 14. The CE marking shall be affixed to key parts.

Change 91

RemovedThe declaration of conformity can't exist separately from the declaration of performance.

AddedArticle 16 – paragraph 5 – subparagraph 2: Member States shall not introduce any references or shall withdraw any references in national measures to a marking attesting conformity with requirements or essential characteristics unless a basis for such reference was laid down in accordance with Article 7(5).

Change 92

ChangedArticle 16 – paragraph 56 – subparagraph 2:1: A Member StatesState shall not introduceprohibit anyor referencesimpede, within its territory or shallunder withdrawits anyresponsibility, referencesthe inmaking nationalavailable measureson tothe amarket markingor attestingthe conformityuse withof requirementsproducts orbearing essentialthe characteristicsCE unlessmarking, awhen basisthe declared performances correspond to the requirements for such referenceuse wasin laidthat downMember inState. accordanceOnly withthose Art.requirements 7(5).covered by the harmonised zone shall be considered by that Member State.

Change 93

RemovedAlignment with Art. 7 by deleting ambiguous wording regarding labels and restraining member states from unjustified blocking of products.

AddedArticle 16 – paragraph 6 – subparagraph 2: A Member State shall not prohibit or impede, within its territory or under its responsibility, the making available on the market or the use of products bearing the CE marking, when the declared performances correspond to the requirements in that Member State or the product conforms with product requirements set-up in or by means of this Regulation, unless it is specified in the respective harmonised technical specification that the respective requirements constitute only minimum requirements.

RemovedArticle 16 – paragraph 6 – subparagraph 1: A Member State shall not prohibit or impede, within its territory or under its responsibility, the making available on the market or the use of products bearing the CE marking, when the declared performances correspond to the requirements for such use in that Member State while only those requirements covered by the harmonised zone shall be considered.

AddedArticle 17 – paragraph 2 – subparagraph 1 – point d: (d) the unique identification code of the product-type, the permalink or data carrier to the manufacturer’s products registration(s) in Union databases or to the manufacturer’s website;

RemovedArticle 17 – paragraph 2 – subparagraph 1 – point d: (d) the unique identification code of the product-type, the permalink or QR-Code to the manufacturer’s products registration(s) in Union databases and the precise location therein where the product can be found;

AddedArticle 17 – paragraph 2 – subparagraph 1 – point e: deleted

RemovedArticle 17 – paragraph 2 – subparagraph 1 – point e: (e) the permalink or QR-Code to the manufacturer’s own product presentation website, if there is any;

Article 17 – paragraph 2 – subparagraph 1 – point g: deleted