Changes from report parliamentary committee draft to plenary report

AddedArticle 5 – paragraph 1 – point 1, Article 59a – paragraph 3 – subparagraph 2: deleted

AddedRegulation (EU) No 305/2011

AddedArticle 5 – paragraph 1 – point 1, Article 59a – paragraph 4: deleted

AddedRegulation (EU) No 305/2011

AddedArticle 5 – paragraph 1 – point 1, Article 59b – paragraph 2: 2. The notified bodies shall ensure all reasonable efforts are made to process requests for third party tasks related to the assessment and verification of constancy of performance of construction products designated as crisis-relevant goods as a matter of priority.

AddedRegulation (EU) No 305/2011

AddedArticle 5 – paragraph 1 – point 1, Article 59b – paragraph 4: 4. The prioritisation of applications for third party tasks related to the assessment and verification of constancy of performance of construction products pursuant to paragraph 3 shall not give rise to any extraordinary additional costs for the manufacturers, who have lodged those applications.

AddedRegulation (EU) No 305/2011

AddedArticle 5 – paragraph 1 – point 1, Article 59b – paragraph 5: 5. The notified bodies shall ensure all reasonable efforts are made to increase their respective assessment and verification capacities regarding construction products designated as crisis-relevant goods.

AddedRegulation (EU) No 305/2011

AddedArticle 5 – paragraph 1 – point 1, Article 59c – paragraph 1: 1. By way of derogation from Article 28(1), the competent national authority, after carrying out a risk assessment, may exceptionally authorise, on a duly justified request from an economic operator established in its Member State, the placing on the market within the territory of that Member State, of a specific construction product which has been designated as crisis-relevant good for which the required third-party assessment and verification of constancy of performance procedures referred to in Article 28(1) have not been carried out by a notified body.

AddedRegulation (EU) No 305/2011

AddedArticle 5 – paragraph 1 – point 1, Article 59c – paragraph 2 – subparagraph 2: deleted

AddedRegulation (EU) No 305/2011

AddedArticle 5 – paragraph 1 – point 1, Article 59c – paragraph 3 – introductory part: 3. Any authorisation issued by a national competent authority pursuant to paragraph 1 shall set out the conditions and requirements under which the construction products may be placed on the market, including at least:

AddedRegulation (EU) No 305/2011

AddedArticle 5 – paragraph 1 – point 1, Article 59c – paragraph 3 – point c: (c) an end date of validity, unless otherwise specified, of the authorisation, which cannot go beyond the last day of the period for which the internal market emergency mode has been activated;

AddedRegulation (EU) No 305/2011

AddedArticle 5 – paragraph 1 – point 1, Article 59c – paragraph 3 – point e a (new): (ea) labelling requirements, including radio frequency identification, indicating that the construction product was authorised under the internal market emergency mode.

AddedRegulation (EU) No 305/2011

AddedArticle 5 – paragraph 1 – point 1, Article 59c – paragraph 4: 4. By way of derogation from Article 54a(3), where appropriate, the national competent authority may also amend the conditions and requirements referred to in paragraph 3 of this Article after the deactivation or expiry of the internal market emergency mode.

AddedRegulation (EU) No 305/2011

Article 5 – paragraph 1 – point 1, Article 59c – paragraph 5: deleted

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ChangedRegulation (EU) No 305/2011

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RemovedArticle 5 – paragraph 1 – point 1, Article 59c – paragraph 8: 8. The application of Articles 59a to 59f and the use of the authorisation procedure set out in paragraph 1 of this Article does not affect the application of the relevant procedures for the assessment and verification of constancy of performance required by Article 28.

AddedArticle 5 – paragraph 1 – point 1, Article 59c – paragraph 6: 6. The market surveillance authorities of the Member State, whose competent authority has granted an authorisation pursuant to paragraph 1, shall be entitled to take all corrective and restrictive measures at national level provided for under this Regulation with respect to such construction products. The market surveillance authorities shall keep all records related to products authorised under a derogation for a period of 10 years. They shall make those records available to other market surveillance authorities upon request.

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ChangedRegulation (EU) No 305/2011

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RemovedArticle 5 – paragraph 1 – point 1, Article 59d – paragraph 1 – point a a (new): (aa) where the European standardisation deliverables addressing a request pursuant to Article 10(1) of Regulation No 1025/2012 were not adopted;

AddedArticle 5 – paragraph 1 – point 1, Article 59c – paragraph 8: 8. The application of Articles 59a to 59f and the use of the authorisation procedure set out in paragraph 1 of this Article shall not affect the application of the relevant procedures for the assessment and verification of constancy of performance required by Article 28.

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ChangedRegulation (EU) No 305/2011

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ChangedArticle 5 – paragraph 1 – point 1, Article 59d59c – paragraph 2: 2. The implementing acts referred to in paragraph 1 of this Article shall be adopted following8 a consultation of the Standing Committee(new): on8a. Construction and in accordance with the examination procedureproducts referredsubject to inderogation Articleunder 64(2a).paragraph They1 shall apply to construction productsremain placedvalid onfor thesix marketmonths untilafter thedeactivation lastor dayexpiration of the period for which the internal market emergency mode remains active.mode. WhenAfter preparingthis theperiod, draftthey implementingshall actonly establishingbe themade commonavailable specification,on the Commission shall take into account themarket viewsafter ofreceiving relevantan bodiesauthorisation orunder the expert groupnormal andauthorisation shallprocedure dulyprovided consultfor allin relevantthis stakeholders.Regulation.

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ChangedRegulation (EU) No 305/2011

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RemovedArticle 5 – paragraph 1 – point 1, Article 59d – paragraph 5: 5. When a Member State considers that a common specification referred to in paragraph 1 is incorrect in terms of criteria and methods for the assessment of performance in relation to essential characteristics, it shall inform the Commission thereof with a detailed explanation and the Commission shall assess that information and, if appropriate, may amend the implementing at establishing the common specification in question

AddedArticle 5 – paragraph 1 – point 1, Article 59d – paragraph 1 – point a: (a) where the European standardisation deliverables addressing a request pursuant to Article 10(1) of Regulation (EU) No 1025/2012 were not adopted;

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ChangedRegulation (EU) No 305/2011

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AddedArticle 5 – paragraph 1 – point 1, Article 59d – paragraph 1 – point a a (new): (aa) where a reference to harmonised standards covering the relevant essential requirements set out in Annex II is not published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012 and such reference is not expected to be published within a reasonable timeframe during the internal market emergency mode;

AddedRegulation (EU) No 305/2011

AddedArticle 5 – paragraph 1 – point 1, Article 59d – paragraph 1 – point b: (b) where the severe disruptions in the functioning of the internal market, which led to the activation of the internal market emergency mode in accordance with Article 14 of [the IMERA Regulation], significantly restrict the possibilities of manufacturers to make use of the harmonised standards, providing the relevant methods and criteria for assessing the performance of those product in relation to their essential characteristics, and already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

AddedRegulation (EU) No 305/2011

AddedArticle 5 – paragraph 1 – point 1, Article 59d – paragraph 2: 2. The implementing acts referred to in paragraph 1 of this Article shall be adopted in accordance with the examination procedure referred to in Article 64(2a). They shall apply to construction products placed on the market until the last day of the period for which the internal market emergency mode remains active. When preparing the draft implementing act establishing the common specification, the Commission shall take into account the views of relevant bodies and shall duly consult all relevant stakeholders.

AddedRegulation (EU) No 305/2011

AddedArticle 5 – paragraph 1 – point 1, Article 59d – paragraph 5: 5. When a Member State considers that a common specification referred to in paragraph 1 is incorrect in terms of criteria and methods for the assessment of performance in relation to essential characteristics, it shall inform the Commission thereof with a detailed explanation and the Commission shall assess that information. The Commission may amend, where appropriate, the implementing at establishing the common specification in question.

AddedRegulation (EU) No 305/2011

Article 5 – paragraph 1 – point 1, Article 59e: deleted / (deleted) / (deleted) / (deleted) / (deleted)

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AddedRegulation (EU) No 305/2011

AddedArticle 5 – paragraph 1 – point 1, Article 59f – paragraph 2: 2. The market surveillance authorities of the Member States shall ensure best efforts are made to provide assistance to other market surveillance authorities during an internal market emergency, including by mobilising and dispatching expert teams to temporarily reinforce the staff of market surveillance authorities requesting assistance or by providing logistical support such as reinforcement of the testing capacity for construction products designated as crisis-relevant goods.’

AddedArticle 6 – paragraph 2: It shall apply from [OP- please insert the date identical to the date of application of the IMERA Regulation].