Changes from report parliamentary committee draft to plenary report

Change 94

RemovedAvoidance of duplication of information, because this is already included in the Declaration of Performance.

AddedArticle 17 – paragraph 2 – subparagraph 2: The items listed in points d) to f) may be replaced by a permalink or data carrier to the combined declaration of performance and of conformity (electronic CE marking).

RemovedArticle 17 – paragraph 2 – subparagraph 2: The items listed in points d) to f) may be replaced by a permalink or QR-Code to the combined declaration of performance and of conformity (electronic CE marking).

Article 17 – paragraph 3: 3. The CE marking shall be affixed before the product is placed on the market. It may be subsequently followed by a pictogram or any other mark indicating a special risk or use.

Change 95

ChangedArticle 18 – paragraph 2:1: OtherMarkings markingother than markingthe setCE outmarking, byincluding Unionprivate legislationones, may be affixed on a product as longonly asif itthey doesdo not impaironly signify conformity of the visibility,product legibilitywith the declared performance or with the product requirements set out in this Regulation and meaningif those requirements are not mandatory for the marketing or use of a product. Those restrictions do not apply to the CEEU marking.Ecolabel and other officially recognised type I-ecolabels (ISO 14024).

Change 96

RemovedAvoidance of confusion, as it could be understood that no other markings are allowed.

AddedArticle 18 – paragraph 2: Other marking than marking set out by Union legislation may be affixed on a product provided that it does not impair the visibility, legibility and meaning of the CE marking.

AddedArticle 19 – paragraph 1: 1. An economic operator shall take all necessary measures to ensure continued compliance with this Regulation. Where non-compliance of the economic operator or of a product has been stated and corrective action has been requested by a market surveillance authority in accordance with Article 70(1), the economic operator shall submit progress reports to that authority until that authority decides that the corrective action can be closed.

Article 19 – paragraph 2: deleted

Change 97

RemovedClarification and avoidance of confusion, as this paragraph contradicts Article 70 on non-compliance.

AddedArticle 19 – paragraph 3 – subparagraph 1 – introductory part: An economic operator shall, on request of the competent authority, communicate any economic operator or other actor to that authority:

RemovedArticle 19 – paragraph 3 – subparagraph 1 – introductory part: Any economic operator shall, on request of an authority, communicate any economic operator or other actor to that authority:

Article 19 – paragraph 3 – subparagraph 1 – point c: deleted

Change 98

RemovedAvoidance of confusion, as it is not clear how this is linked with the objectives of this regulation.

AddedArticle 19 – paragraph 3 – subparagraph 2 – introductory part: When identifying the operators referred to in first subparagraph, an economic operator shall inform the authority about the following:

RemovedArticle 19 – paragraph 3 – subparagraph 2 – introductory part: When identifying the operators referred to in first subparagraph, an economic operator shall inform the authority about:

AddedArticle 19 – paragraph 3 – subparagraph 2 – point i: deleted

Change 99

ChangedArticle 19 – paragraph 3 – subparagraph 2 – point ii: (ii) contact detailsdetails, andincluding addresses, email addresses and websites of thesethe operators;operators referred to in the first subparagraph;

Article 19 – paragraph 3 – subparagraph 2 – point iii: deleted

Change 100

RemovedAvoidance of unnecessary burdens for companies.

Article 19 – paragraph 3 – subparagraph 2 – point v: deleted

Change 101

RemovedAvoidance of unnecessary burdens for companies.

AddedArticle 19 – paragraph 3 – subparagraph 2 – point vi: (vi) names, addresses, contact details of natural or legal persons acting for those operators, if relevant, and, in any event, in compliance with [GDPR].

RemovedArticle 19 – paragraph 3 – subparagraph 2 – point vi: (vi) names, addresses, contact details of natural or legal persons acting for those operators if relevant.

AddedArticle 19 – paragraph 4: 4. An economic operator shall be able to present all documentation, including the declaration of performance and the declaration of conformity, through the digital construction products passport, as well as information referred to in this Chapter to authorities for a period of ten years after they have last been in possession or dealing with the product in question. It shall present the documentation and information within 10 days of receipt of a request by the respective authority.

RemovedAvoidance of unnecessary burdens for companies.

AddedArticle 19 – paragraph 5 – subparagraph 1: deleted

RemovedArticle 19 – paragraph 5 – subparagraph 1: An economic operator shall provide all the requested data into the database or system established in accordance with Article 78 after the availability of that database or system has been stated in a publication of the Official Journal and bear the fees of registration linked thereto. It shall at least biennially verify the correctness of the provided data.

AddedArticle 19 – paragraph 6: 6. An economic operator shall inform authorities of any likely infringement of this Regulation it becomes aware of. Where this economic operator considers that non-conforming products present a risk to human safety or to the environment, it shall immediately inform the competent authorities of the Member States in which it made the product available thereof, giving details, in particular, of the non-compliance and of any corrective measures taken.

Removedclerical error; otherwise extreme unintended admin burden.

Article 20: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Change 102

RemovedThis article is not necessary, procedural rights of Economic Operators are addressed in Article 18 of market surveillance regulation.

Article 21 – paragraph 1: 1. The manufacturer shall determine the product type, respecting the boundaries set up therefore by the definition provided in Article 3 point (31). The manufacturer shall draw up a declaration of performance and a declaration of conformity in accordance with Articles 9 and Articles 11 to 15 and affix the CE marking in accordance with Articles 16 and 17.

Change 103

RemovedAvoidance of confusion. Assessment Systems are not used to determine the product type and it is unclear what is meant by "processed".

AddedArticle 21 – paragraph 2 – introductory part: 2. The manufacturer shall refrain from any claim about the essential characteristics of a product that is not based on the assessment method contained in the applicable harmonised technical specification. / (deleted) / (deleted)

RemovedArticle 21 – paragraph 2: deleted / (deleted) / (deleted)

AddedArticle 21 – paragraph 3 – subparagraph 1: The manufacturer shall, as the basis for the declarations referred to in paragraph 1, draw up a technical documentation describing the intended use including the conditions for use and all the elements necessary to demonstrate performance and conformity.

RemovedUnnecessary, not included in the current CPR.

AddedArticle 21 – paragraph 3 – subparagraph 2: That technical documentation shall contain the mandatory or facultative calculation of essential characteristics related to life cycle assessed in accordance with harmonised technical specifications adopted under this Regulation.

RemovedArticle 21 – paragraph 3 – subparagraph 2: That technical documentation shall contain the mandatory or facultative calculation of environmental, sustainability assessed in accordance with harmonised technical specifications adopted under this Regulation or with Commission acts adopted under this Regulation.

AddedArticle 21 – paragraph 5 – subparagraph 1: The manufacturer shall ensure that its products bear a manufacturer-specific type number, a batch or serial number or any other element enabling them to be identified. If this is impossible, the required information shall be provided on the packaging, on an affixed tag or, as last resort, in a document accompanying the product.

RemovedArticle 21 – paragraph 5 – subparagraph 1: The manufacturer shall ensure that its product bear a manufacturer-specific type number, a batch or serial number or any other element allowing their identification. If this is impossible, the required information shall be provided on the packaging, on an affixed tag or, as last resort, in a document accompanying the product.

AddedArticle 21 – paragraph 5 – subparagraph 2: The manufacturer shall in the same way as set out in the first subparagraph label a product as “Only for professional use” if expertise is needed in order to use it and shall display the label to customers before it is bound by a sales contract, including in case of distance selling. Products not labelled “Only for professional use” shall be deemed to be also intended for non-professional users and consumers in the meaning of this Regulation and the Regulation (EU) … [Regulation on General Product Safety].

RemovedAlignment with GPSR and current CPR; In addition, type and serial number may be the same, and in some continuous production there may be no batches. The DoP and CE markings require the indication of a unique identification code for the product type. Whatever additional identification number is attached to the product or documentation should be for the manufacturer to decide.

AddedArticle 21 – paragraph 5 – subparagraph 3: deleted

Change 104

ChangedArticle 21 – paragraph 6 – subparagraph 1: When making a product available on the market, the manufacturer who is not exempted in accordance with Article 10 of this Regulation shall ensure that the product is accompanied by the information set out in harmonised technical specifications and in Annex II, Part DC3 in a language determined by the Member State concerned or, in absence of such determination, in a language which can be easily understood by users.

Change 105

RemovedReduction of bureaucratic burden for micro-enterprises.

AddedArticle 21 – paragraph 6 – subparagraph 2: The Commission shall adopt implementing acts to determine the electronic format and the way of transmission of information to be provided by the manufacturer in accordance with the first subparagraph.

Change 106

ChangedArticle 21 – paragraph 6 – subparagraph7: 2:7. The Commission shall, bymanufacturer meansshall ofupload implementingthe actsdata determineof the electronicdeclaration formatof andperformance, of the waydeclaration of transmissionconformity, ofthe information referred to bein providedparagraph by6 in the manufacturerconstruction digital product passport and construction product passport registry established in accordance with the firstChapter subparagraph.IXa.

Change 107

RemovedTo facilitate digitalization of the construction sector, it is important, that the information contained in the DoP is provided in a machine-readable format that can be used with BIM and other applications, including digital building logbooks; to this end, the Commission needs to specify a common electronic format.

AddedArticle 21 – paragraph 9: 9. Where the product presents a risk, the manufacturer shall without undue delay and at the latest within 3 working days inform all the authorised representatives, importers, distributors, fulfilment service providers, and online market places involved in the distribution, as well as the competent national authorities of the Member States in which the manufacturer or – to its knowledge – other economic operators made the product available. The manufacturer shall, to that effect, provide all useful details and, in particular, specify the type of the non-compliance, the frequency of accidents or incidents and the corrective measures taken or recommended. In case of risks caused by products which have already reached a final user or consumer who cannot be identified or contacted directly, the manufacturer shall, through media and other appropriate channels, ensuring the widest possible reach, disseminate information about appropriate measures to eliminate or, if not possible, to reduce the risks. In case of a “serious risk” in the meaning of Article 3, point (71) the manufacturer shall withdraw and recall the product at their own cost.

RemovedArticle 21 – paragraph 7: 7. The manufacturer shall upload the data of the declaration of performance, of the declaration of conformity, the information referred to in paragraph 6 and the technical documentation in the EU product database established in accordance with Article 78.

AddedArticle 22 – paragraph 2 – subparagraph 1 – point a – introductory part: (a) design and manufacture products and their packaging in such a way that the protection of human health and their overall environmental sustainability are maximised, including for climate and biodiversity, as well as energy and resource efficiency, indoor air quality and the avoidance of substances of concern unless a lower level:

RemovedArticle 21 – paragraph 9: 9. Where the product presents a risk, the manufacturer shall inform the authorised representative, importers, distributors, fulfilment service providers, and online market places involved in the distribution, as well as the competent national authorities of the Member States in which the manufacturer or – to its knowledge – other economic operators made the product available. The manufacturer shall, to that effect, provide all useful details and, in particular, specify the type of the non-compliance, the frequency of accidents or incidents and the corrective measures taken or recommended. In case of risks caused by products which have already reached the final user or consumer, that cannot be identified or contacted directly. The manufacturer shall through media and other appropriate channels, ensuring the widest possible reach, disseminate the information about appropriate measures to eliminate or, if not possible, to reduce the risks. In case of a “serious risk” in the meaning of Article 3, point (71) the manufacturer shall withdraw and recall the product at their own cost.

AddedArticle 22 – paragraph 2 – subparagraph 1 – point a a (new): (aa) under the conditions set out in point (a)(i) and (ii) of this Article, ensure that, where technically and economically feasible and without impacting the safety of construction works, by 10 years after the adoption of performance classes in accordance with Article 4(4), point (a), or Article 5(2), all products placed on the market fall within the two highest environmental performance classes established;

RemovedAlignment with GSPR and current CPR;

AddedArticle 22 – paragraph 2 – subparagraph 1 – point b: (b) under the conditions set out in point (a)(i) and (ii) and without creating unjustified barriers to the internal market, give preference to local, reusable, sustainably sourced bio-based or recyclable materials, materials gained from re-use or recycling and by-products, while taking into account the environmental and climate impacts of transporting such materials;

RemovedArticle 23 – paragraph 2: 2. Authorised representatives shall act with due care in relation to the obligations of this Regulation. They shall be liable infringement of this Article and of Article 19 in accordance with national law on contractual and extra-contractual liability.

AddedArticle 22 – paragraph 2 – subparagraph 1 – point c: (c) respect the minimum recycled content obligations and other limit values regarding aspects of environmental sustainability, including climate, biodiversity, and resource and energy efficiency, contained in harmonised technical specifications;

RemovedFor no other economic operators gross negligence or conscious is included. It is not clear why it should be different in this case.