Changes from adopted text to adopted text

RemovedRecital 12: deleted / (deleted)

RemovedRecital 14: (14) Construction products that have already been assessed and are reused should not be subject to the rules that apply to new construction products. However, used construction products that have never been placed on the Union market before, should be subject to the same rules as new construction products, given that such products have never been assessed. This applies to construction products manufactured on the construction site for immediate incorporation into the construction works.

RemovedRecital 15: (15) To ensure that safety and functionality of construction products is safeguarded, rules applicable to new construction products should also apply to used construction products where the intended use is changed, except to decoration purposes, for used construction products with unclear initial intended use, for used construction products which have undergone an important transformative process, for used construction products for which an economic operator claims additional characteristics or the fulfilment of product requirements and for used construction products that the economic operator is placing on the market for the first time.

RemovedRecital 17: (17) Construction products placed on the market in the outermost regions of the European Union are often imported from neighbouring countries, and are therefore not subject to requirements laid down in Union law. Subjecting those construction products to such requirements would be disproportionately costly. At the same time, construction products manufactured in the outermost regions hardly circulate in other Member States. Accordingly, Member States should have the possibility to exempt construction products placed on the market in the outermost regions of the European Union from those requirements.

RemovedRecital 18: (18) In order to strive for a maximum of regulatory coherence, this Regulation should to the extent possible build on the horizontal legal framework, in this case namely on Regulation (EU) No 1025/2012 of the European Parliament and of the Council. However, in line with other product legislation, this Regulation provides a fall-back solution in exceptional and well-defined cases where the application of a legislative act is at risk. As no harmonised standards for construction products could be cited in the Official Journal since late 2019 and only some dozen since Regulation (EU) No 305/2011 came into force, the Commission in collaboration with European standardisation organisations should establish a workable solution permitting to optimise the overall output of technical specifications so to catch up the delay in the adaptation to technical progress.

RemovedRecital 19: (19) Where harmonised standards lay down the rules for the assessment of performances with regard to essential characteristics relevant for the construction codes of Member States, harmonised standards should be rendered mandatory for purpose of application of this Regulation, as only such standards reach the goal of permitting the free circulation of products, whilst ensuring the Member States’ ability to request safety and environmental, including climate-related, product characteristics in view of their differences in climate, geology and geography and other conditions prevailing in the Member States’ specific national situation. When pursued together, these two goals require that products are assessed by a single assessment method, therefore the method needs to be mandatory. However, voluntary standards can be used to make product requirements, specified for the relevant product family or category by Delegated Acts, even more concrete, following the path of Decision 768/2008 of the European Parliament and of the Council. In line with Decision 768/2008, those standards should be able to provide a presumption of conformity with the requirements covered by them.

RemovedRecital 20: (20) In order to contribute to the objectives of the European Green Deal, the Circular Economy Action Plan and the Zero Pollution Action Plan, and to ensure safe construction products, safety being one of the goals to be pursued in the legislation based on Article 114 of the Treaty on the Functioning of the European Union (TFEU), inherent product requirements related to safety, functionality and protection of environment, including climate, are necessary. When setting these requirements, the Commission should address the safety risks and take into account the requirements’ potential contribution to achieving Union climate, environmental and energy efficiency objectives. These requirements do not merely relate to the performance of construction products. Contrary to its predecessor Directive 89/106/EC, Regulation (EU) No. 305/2011 does not provide for the possibility to establish such inherent product requirements. However, certain harmonised standards for construction products contain such inherent product requirements which can relate to environment, to safety or simply to the good functioning of the product. These standards demonstrate that there is a practical need for such requirements on safety, the environment or simply the functioning of products. Article 114 TFEU as the legal base of this Regulation also imposes the pursuit of a high level of protection of the environment, health and human safety. Thus, this Regulation should (re-)introduce or validate inherent produc…

AddedP9_TC1-COD(2022)0094

RemovedRecital 21: (21) Manufacturing and distribution of construction products becomes ever more complex, leading to the emergence of new specialised operators, such as fulfilment service providers. For reasons of clarity, certain generic obligations, including on cooperation with authorities, should be applicable to all those involved in the supply chain, the manufacturing, the distribution, own-brand-labelling or secondary trade, installation, de-installation for re-use or remanufacturing, and the remanufacturing itself. Moreover, suppliers should be obliged to cooperate with market surveillance authorities for purposes of environmental sustainability assessment. For those reasons and to avoid repetition of obligations, the term ‘economic operator’ should be defined widely, encompassing all those actors so that basic generic obligations can in one strike be established for all of them. However, the widening of the scope for such obligations as regards service providers should not be wrongly interpreted as an obligation for those service providers merely concerned with the installation of products as regards CE-labelled products that they are handling in connection with their profession. That obligation will remain exclusively with the manufacturer or any natural or legal persons acting on its behalf.

AddedPosition of the European Parliament adopted at first reading on 10 April 2024 with a view to the adoption of Regulation (EU) 2024/… of the European Parliament and of the Council laying down harmonised rules for the marketing of construction products and repealing Regulation (EU) No 305/2011

RemovedRecital 23: (23) In order to improve legal certainty and to mitigate the fragmentation of the EU market for construction products due to the existence of national requirements and marks, it is necessary to clearly define the area regulated at the EU level, the so-called ‘harmonised zone’, as opposed to the elements remaining within the remit of Member States’ national regulatory sphere.

Added(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2024/3110.)

RemovedRecital 23 a (new): (23a) Member States set the safety level for construction works on the basis of their responsibilities towards their citizens, while the Union determines the framework conditions for the internal market. The competence to adopt provisions on construction works remains with the Member States. The basic requirements for construction works set out in Annex I, Part A of this Regulation establish the links to construction products that are technically necessary, and serve as a basis for issuing standardisation requests to the European standardisation organisations for the development of standards for construction products, as well as for the development of European Assessment Documents and corresponding delegated acts.

RemovedRecital 23 b (new): (23b) The harmonised zone should also apply to public contracts, grants or other positive incentives with the exception of fiscal incentives.

RemovedRecital 24: (24) At the same time, in order to strike a balance between mitigating the fragmentation of the market and the Member States’ competence to regulate construction works, it is necessary to provide for a mechanism to better integrate Member States’ needs into the development of harmonised technical specifications. Member States are responsible for the safety, environmental and energy requirements that apply to construction and civil engineering works. For this reason, a mechanism allowing Member States to set, based on imperative grounds of health, safety or environmental protection additional requirements for construction products should be established in order to enable Member States to react to special circumstances in their territory.

RemovedRecital 25: (25) A circular economy, the key element of the Circular Economy Action Plan, can be promoted by mandatory deposit-refund systems and the obligation to take back used or unused non-custom-made products. Member States should therefore be allowed to take measures in order to ban the unnecessary destruction of construction products.

RemovedRecital 26: (26) In order to enhance legal clarity and reduce the administrative burden for the economic operators, it is necessary to avoid that construction products are subject to multiple assessments regarding the same aspect of health, safety or protection of the environment, including climate, under different Union legislation. This was confirmed by the REFIT platform recommending that the Commission gives priority to addressing the problems of overlapping and repetitive requirements. The Commission should thus be able to determine the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations of this Regulation.

RemovedRecital 27: (27) Moreover, in order to avoid diverging practices of Member States and economic operators, at the request of one or more Member States, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to determine whether certain construction products fall within the definition of construction product.

RemovedRecital 28: (28) In the case of energy-related products included in ecodesign working plans which are also construction products and for intermediary products, with the exception of cement priority for the setting of sustainability requirements will be given to the [ESPR]. The intermediary products concerned are heaters, boilers, heat pumps, water and space heating appliances, fans, cooling and ventilating systems and photovoltaic products, excluding building-integrated photovoltaic panels. This Regulation may still intervene in a complementary manner where needed, mainly in relation to safety aspects also taking account of other Union legislation on products such as on gas appliances, low voltage, and machinery. For other products, in order to avoid unnecessary burden for economic operators, the need may arise in future to determine the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations under this Regulation. The power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to determine such conditions.

RemovedRecital 33: (33) In order to reduce the burden for economic operators and in particular manufacturers, economic operators issuing declarations of performance and declarations of conformity should provide those declarations by electronic means, be authorised to provide those declarations by permalink to an unamendable document or to include in those declarations permalinks to unamendable documents. In order to simplify supply chain communication, declarations of performance and declarations of conformity should additionally be made available in a machine-readable format. This would allow the user via an app to check conformity with the application rules of the Member State where the product is used. An important prerequisite for machine-readable declarations is a standardised IT format, which is required for each harmonised technical specification. The CEN Workshop Agreement CWA 17316 “Smart CE marking for construction products” provides a basis for the development of harmonised XML formats for declarations of performance, which could be used to complement harmonised standards and harmonised technical specifications accordingly.

RemovedRecital 33 a (new): (33a) Pending the revision of the harmonised technical specifications in accordance with this Regulation, the declarations of performance and conformity might contain permalinks to unamendable environmental product declarations or other unamendable documents containing the requested information.

RemovedRecital 35: (35) In order to reach alignment with other product legislation and subject to the general principles of Regulation (EC) No 765/2008, the CE marking should be affixed to construction products for which the manufacturer has drawn up a declaration of performance or conformity. The manufacturer thereby takes the responsibility for the conformity of the product with the declared performance and applicable product requirements. A CE marking should be sufficient proof of the conformity of a product with the characteristics and requirements laid down by this Regulation. Member States should not therefore introduce any barriers to their markets based on characteristics and requirements that are not covered by the harmonised zone.

RemovedRecital 35 a (new): (35a) Markings other than the CE marking, including private ones, might contain additional information that could help users to make an informed choice on which product would be best suited for the needs of their construction works.

RemovedRecital 35 b (new): (35b) The procedural rights of all economic operators and natural or legal persons acting on their behalf in relation to measures, decisions or orders taken by competent national authorities should be ensured in line with Regulation (EU) 2019/1020. Member States should ensure that adequate appeal procedures against such measures, decisions or orders are in place.

RemovedRecital 36: (36) To ensure safety, functionality and sustainability of construction products, and by extension of construction works, all economic operators intervening in the supply chain should take appropriate measures to ensure that they place or make available on the market only construction products which are in compliance with the binding Union requirements. In order to improve the legal clarity, it is necessary to set explicitly the obligations of economic operators.

RemovedRecital 38: deleted

RemovedRecital 39: (39) Technical documentation about construction products, drawn by the manufacturer, facilitates the verification of those products by authorities and notified bodies against the Union requirements. To enhance access to comprehensive information, that technical documentation should include the essential characteristics related to life cycle of the construction product.

RemovedRecital 40: (40) To create transparency for users of construction products and to avoid inappropriate use of those products, construction products and their intended use should be precisely identified by the manufacturer. For the same reason, the manufacturer should make clear whether the construction products are intended for professional use only, particularly where expertise is needed in order to use the product. To ensure that construction products can be traced back, information that enables manufacturers to be identified should be indicated on the product or, where this is not possible e.g. due to the product’s size or surface, on its packaging or, where that is not possible either, in a document accompanying it.

RemovedRecital 42: (42) To optimise the pursuit of the goals of the European Green Deal and of the Circular Economy Action Plan, the manufacturers should be obliged to ensure that both their products and manufacturing contribute significantly to the Union's climate and environmental objectives by substantially improving their products' environmental footprint. This obligation requires trade-off-decisions between different environmental aspects and between environmental and safety aspects, whilst both environmental and safety aspects can relate to the product as such or to the construction works. To give manufacturers certainty about how to make these trade-off decisions, this Regulation should set out clear trade-off rules.

RemovedRecital 43: (43) With the goals of ensuring sustainability and durability of construction products, manufacturers should ensure that products can be used for as long as possible. Such long use requires adequate design, use of reliable parts, reparability of products, availability of information on repair and access to replacement parts.

RemovedRecital 44: (44) In view of enhancing the circularity of construction products, in line with the goals of the Circular Economy Action Plan and the waste hierarchy, manufacturers should prevent waste generation by facilitating and prioritising repair, re-use and remanufacturing. Manufacturers should increase resource efficiency through appropriate use of by-products and should, when products come to the end of their life, ensure recycling of their products. The (preparation for) re-use, remanufacturing and recycling require specific design choices, namely facilitating the separation of products, components and materials at de-installation, deconstruction and demolition and at the later stage of recycling and avoiding mixed, blended or intricate materials and substances of concern. As the usual instructions for use will not necessarily reach the economic operators in charge of (preparation for) re-use, remanufacturing and recycling, the necessary information in this regard should be made available in the Digital Product Passport and on the manufacturer’s websites or by means of QR codes, in addition to the instructions for use.

RemovedRecital 45: (45) To deliver safe, functional and environmentally sustainable construction products, it is necessary to establish comprehensive sustainability and safety obligations for manufacturers. Given the importance of these obligations, general requirements on the gradual improvement of environmental performance, the preferred use of environmentally friendly materials, recycled content obligations and the availability of information on the use, repair, remanufacturing or recycling of products should be applicable to all manufacturers. In order to specify these requirements for certain product families or categories as well as to set further requirements and to achieve the right balance between the functionality, safety and sustainability, the Commission should be empowered to determine the conditions by delegated acts under which, for a specific product family or category, these obligations are fulfilled or presumed to be fulfilled.

RemovedRecital 47: (47) In order to be able to make informed choices, users of construction products should be sufficiently well informed about the environmental performances of products, about their conformity with environmental requirements and of the degree of fulfilment of manufacturer’s environmental obligations in this regard. Therefore, the Commission is empowered to adopt delegated acts to establish specific labelling requirements

RemovedRecital 50: (50) An economic operator who stores or modifies a product in such a way that its performance or safety might be affected should be subject to the obligations of manufacturers, to ensure the verification whether performance or safety of the product are still the same.

RemovedRecital 51: (51) In order to increase compliance of manufacturers with the obligations under this Regulation and to contribute to addressing the identified shortcomings and improve the market surveillance, fulfilment service providers, online market places, sellers and brokers should be empowered and requested to verify at a documentary level that manufacturers have complied with their obligations as regards technical documentation, and should contribute to ensuring that only compliant products reach the users.

RemovedRecital 52: (52) In order to avoid that the obligations under this Regulation are circumvented in cases where the production technology, for example 3D-printing, could involve several different actors contributing to the design and manufacture of a construction product, it is necessary to clearly define the role of the manufacturer. The natural and legal person printing a construction product should take responsibility under this Regulation for the whole product, unless there is another person who places the product on the market under his name or trademark or who takes responsibility for the product by issuing a declaration of performance and conformity.

RemovedRecital 54: deleted

RemovedRecital 55: (55) Certain items used for construction have multiple potential purposes. Their manufacturers should have the freedom to decide whether these items are intended for construction or not, also in order to avoid that they have to undergo performance and conformity assessment where not necessary. However, if they decide that a certain item is not intended for construction whilst it could be used for it, it should be marked as “not for construction” and the manufacturers and other economic operators should ensure that it is not used in construction works. Otherwise some of the items would end up in construction whilst not fulfilling the requirements of this Regulation.

RemovedRecital 58: (58) Digital technologies, which provide a significant potential for reducing administrative burden and costs for economic operators and public authorities, while also fostering innovative and new business opportunities and models, are evolving at rapid pace. The uptake of digital technologies will also contribute significantly towards achieving the objectives of the Renovation Wave, including energy efficiency, life-cycle assessments and monitoring and of the building stock.

RemovedRecital 59: deleted

RemovedRecital 60: deleted

RemovedRecital 61 a (new): (61a) When setting up guidelines on the appropriate form and content of standards, the Commission should build on the important work already done in the EC Guidelines for hENs under the CPR as of 28/06/2018, which has been presented by the Commission in the framework of the Joint Initiative on Standardisation.

RemovedRecital 65: (65) In order to respond to a noteworthy percentage of notifications which were based on incomplete or erroneous assessments, in particular where legal bodies without own in-house technical competence were notified, it is necessary to strengthen the resources capacity of notifying authorities, namely by setting up minimum requirements; to make requirements for notified bodies more precise, namely with regard to their independence, delegation to other legal entities and own ability to perform; to require adequate qualified staffing of notified bodies and to verify the adequacy of the staffing, to ensure that the staffing of the notified body is sufficient and independent, and to enlarge the documentation to be provided by bodies when applying for designation as notified body so as to provide a deeper and comparatively fairer basis for decision to notifying authorities.

RemovedRecital 68: (68) In order to avoid involvement between notified bodies’ staff and the manufacturers, it should be possible for the notified bodies to allow rotation between the personnel carrying out different conformity assessment tasks.

RemovedRecital 71: (71) In view of creating a level playing field for notified bodies and manufacturers, the coordination amongst notified bodies should be enhanced. As only half of the current notified bodies participate on their own initiative in the activities of the already currently existing notified body coordination group, directly or by means of designated representatives, should be ensured by Member States.

RemovedRecital 72: (72) The attempts of establishing simplified procedures for microenterprises in Regulation (EU) No 305/2011 and thus reducing the burden and costs on microenterprises have not been entirely effective and have often remained misunderstood or not used due to the lack of awareness or the lack of clarity regarding their application. By addressing the identified shortcomings while building on the previously established rules, it is necessary to clarify and facilitate their application and hence achieve the objective of supporting microenterprises while ensuring performance, safety and environmental sustainability of construction products.

RemovedRecital 74: (74) To ensure legal certainty in case of safety or performance problems, such recognition should only be permitted where the assessed and verified economic operators agree to cooperate with the recognised notified body, and share the data with it,.

RemovedRecital 75: (75) The evaluation of Regulation (EU) No 305/2011 showed that market surveillance activities carried out at national level, widely vary in quality and effectiveness. In addition to measures set out in this Regulation and under relevant Union law in favour of better market surveillance, the compliance of economic operators, bodies and products with this Regulation should be facilitated by also involving third parties such as by the possibility of any natural or legal person to submit information on non-compliance through a complaint portal established and maintained by the Commission.

RemovedRecital 76: (76) To address the identified shortcomings with regards to the market surveillance under Regulation (EU) No. 305/2011, this Regulation should contain more justified empowerments for Member States authorities and for the Commission that should enable authorities to act under all potential problematic circumstances.

RemovedRecital 78: deleted

RemovedRecital 79: (79) In addition, to strengthen the on average weak capacities of market surveillance authorities in terms of market surveillance and to further align with the Ecodesign for Sustainable Products Regulation, it is necessary to provide more detailed administrative coordination support and to provide them with the right to retrieve costs of inspections and testing from economic operators if they are in possession of non-compliant products.

RemovedRecital 81: (81) To better serve economic operators, product contact points for construction should become more effective and therefore should obtain more resources. In order to facilitate the work of economic operators, the tasks of product contact points for construction should be fine-tuned and extended so as to include information on product related provisions of this Regulation and on acts adopted in accordance with it. Member States should also raise economic operators’ awareness of the product contact points for construction within their territory.

RemovedRecital 84: (84) The registration of product information increases transparency to the benefit of safety of products and the protection of the environment and human health while also reducing administrative burden and costs for economic operators. Accordingly, the power to adopt acts in accordance with Article 291 TFEU should be delegated to the Commission to establish a construction digital product passport and a construction product passport registry.

RemovedRecital 87: (87) Business on construction products becomes slowly but steadily more and more international. Hence, situations arise where non-compliances of economic operators based outside the Union need to be countered as well. As third countries hardly are ready to support the enforcement of Union law on their territory where the Union does not in return provide for the possibility to assist them, some provision should be made in this Regulation for the Commission to engage in international cooperation.

RemovedRecital 88: (88) A certain number of third countries applies Union product legislation or at least recognises certificates issued in accordance with it, be it on the basis of international agreements or unilaterally, both being in the interest of the Union. In order to give these third countries an incentive to continue this practice and other third countries to do the same, certain additional possibilities should be provided to third countries applying Union product legislation or recognising certificates issued in accordance with it. For this reason, it should be possible, after consultation with Member States, to support these particularly cooperative third countries by allowing them to participate in certain trainings and to participate in the EU construction products database, to the information system for harmonised decision-making and to the information exchange amongst authorities. Moreover, for the same reason, it should be possible to inform these particularly cooperative third countries about non-compliant or risky products.

RemovedRecital 90: (90) In order to enhance the use of sustainable construction products whilst avoiding market distortions and to reach alignment with the Ecodesign for Sustainable Products Regulation, Member States’ public procurement practice should target the most sustainable amongst the compliant products. Requirements applicable to public procurement contracts that are specifically tendered as green public procurement contracts set out in delegated acts should be established by the Commission based on objective, transparent and non-discriminatory criteria, taking into consideration the specific constraints of small local authorities and the needs of SMEs.

RemovedRecital 91: (91) Public procurement amounts to 14% of the Union’s GDP. To contribute to the objective of reaching climate neutrality, improving energy and resource efficiency and transitioning to a circular economy that protects public health and biodiversity, contracting authorities and entities should, where appropriate, be encouraged to align their procurement with specific green public procurement criteria, to be set out in the delegated acts adopted pursuant to this Regulation. The sustainability criteria could take form of mandatory technical specifications or performance levels, or, as appropriate, selection criteria, award criteria or contract performance clauses, while allowing contracting authorities discretion to decide on the entirety of the criteria needed for the public procurement. The sustainability criteria set by delegated acts for specific product groups could be used not only when directly procuring those products in public supply contracts but also in public works or public services contracts where those products will be used for activities constituting the subject matter of those contracts. The criteria should be transparent, objective and non-discriminatory.

RemovedRecital 92: (92) In order to take into account technical progress and knowledge of new scientific evidence, ensure proper functioning of the internal market, facilitate access to the information and ensure homogeneous implementation of rules, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of establishing product specific technical provisions and requirements; specifying the applicable assessment and verification systems set out in Annex V; determining the conditions under which obligations under other Union law fulfil certain obligations of this Regulation; amending the declaration of performance and declaration of conformity model; specifying additional environmental obligations to manufacturers; revising and supplementing procedural rules for the development of European assessment documents; establishing green public procurement requirements. This empowerment should be limited to what is required to fulfil Member States’ needs identified and included in the working plan. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making41 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliamen…

RemovedRecital 93: (93) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission establishing means to transmit information; adopting the format of the European technical assessment; and to trainings in the context of this Regulation. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council42 .

RemovedRecital 98: (98) In order to ensure a high level of compliance with this Regulation, Member States should lay down rules on penalties applicable to non-compliances and ensure that those rules are enforced. The penalties provided for should be effective, proportionate and dissuasive.

RemovedRecital 100: deleted

RemovedArticle 1 – paragraph 1 – introductory part: This Regulation establishes harmonised rules for the placing and making available on the market of construction products, regardless of whether undertaken in the framework of a service or not, by establishing:

RemovedArticle 1 – paragraph 1 – point a: (a) harmonised rules on how to express the environmental, including life cycle assessment and safety performance of construction products in relation to their essential characteristics;

RemovedArticle 1 – paragraph 1 – point b: (b) environmental, functional and safety product requirements for construction products.

RemovedArticle 1 – paragraph 2: This Regulation also establishes obligations incumbent on economic operators dealing with construction products or their components or with double use products, including the de-installation and reuse of those products.

RemovedArticle 1 – paragraph 2 a (new): This Regulation contributes to the efficient functioning of the internal market by ensuring the free movement of safe and sustainable construction products in the Union and to the objectives of a green and digital transition by preventing and reducing the impact that construction products have on the environment and on the health and safety of people.

RemovedArticle 2 – paragraph 1 – subparagraph 1 – point a: (a) 3D-printed construction products;

RemovedArticle 2 – paragraph 1 – subparagraph 1 – point b: deleted

RemovedArticle 2 – paragraph 1 – subparagraph 1 – point c: deleted

RemovedArticle 2 – paragraph 1 – subparagraph 1 – point f: deleted

RemovedArticle 2 – paragraph 1 – subparagraph 1 – point g: deleted

RemovedArticle 2 – paragraph 1 – subparagraph 2: deleted

RemovedArticle 2 – paragraph 2 – point b: (b) the economic operator has changed the intended use of those used construction products or items from the intended use assigned to those construction products or items by the initial manufacturer in another way than by a reduction in terms of performance or intended uses or to mere “decoration” purposes;

RemovedArticle 2 – paragraph 2 – point d a (new): (da) the economic operator is placing a used construction product on the market for the first time;

RemovedArticle 2 – paragraph 2 – point d b (new): (db) obligations of economic operators de-installing or dealing with used products for reuse are not fulfilled;

RemovedArticle 2 – paragraph 3 – point b: (b) the hygiene-related quality of boilers, pipes, tanks and ancillaries and other products intended to be in contact with water for human consumption;

RemovedArticle 2 – paragraph 3 – point c: deleted

RemovedArticle 2 – paragraph 3 – point d: deleted

RemovedArticle 2 – paragraph 3 – point e: deleted

RemovedArticle 2 – paragraph 3 – point e a (new): (ea) lighting products subject to Directives 2014/35/EU, 2014/53/EU or 2001/95/EC;

RemovedArticle 2 – paragraph 3 – point e b (new): (eb) electrical and electronic products subject to Directives 2014/35/EU, 2014/30/EU, 2014/53/EU, RoHs Directive or the [XXX] Ecodesign for Sustainable Products Regulation.

RemovedArticle 2 – paragraph 4: deleted / (deleted) / (deleted) / (deleted)

RemovedArticle 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.

RemovedArticle 3 – paragraph 1 – point 1: (1) ‘construction product’ means any product or a kit which is produced and placed on the market or supplied to the construction site for incorporation in a permanent manner in construction works or parts thereof within the Union, including 3D-printed products or other items covered by this Regulation in accordance with Article 2(1) to (3);

RemovedArticle 3 – paragraph 1 – point 2: (2) ‘permanent’ means installed or affixed in such a manner that it may significantly affect the basic work requirements and that it is intended to remain in the construction work or parts thereof and cannot be removed without tools or mechanical force after the completion of the construction or renovation process;

RemovedArticle 3 – paragraph 1 – point 3: deleted

RemovedArticle 3 – paragraph 1 – point 5: deleted

RemovedArticle 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 or the environmental characteristics which have been listed in Annex I Part B;

RemovedArticle 3 – paragraph 1 – point 8: (8) ‘product requirements’ means a threshold level or another characteristic set out in Annex I Part C 1 and C 2, and specified in accordance with Article 5, with which a construction product has to comply before it can be placed on the market;

RemovedArticle 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 10: deleted

RemovedArticle 3 – paragraph 1 – point 15: deleted

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

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

RemovedArticle 3 – paragraph 1 – point 22: deleted

RemovedArticle 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;

RemovedArticle 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;

RemovedArticle 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;

RemovedArticle 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;

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

RemovedArticle 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;

RemovedArticle 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 39: deleted

RemovedArticle 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 44: deleted

RemovedArticle 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;

RemovedArticle 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;

RemovedArticle 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;

RemovedArticle 3 – paragraph 1 – point 51: deleted

RemovedArticle 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;

RemovedArticle 3 – paragraph 1 – point 69: deleted

RemovedArticle 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;

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

RemovedArticle 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 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.

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 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.

RemovedArticle 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 which, for the purposes of the application of this Regulation, are rendered mandatory by means of delegated acts referred to in Article 6a(9).

RemovedArticle 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.

RemovedArticle 4 – paragraph 2 – subparagraph 2 a (new): The standardisation requests concerning the determination of the threshold levels and classes of performance shall be accompanied by an impact assessment, in accordance with paragraph 13 of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

RemovedArticle 4 – paragraph 2 – subparagraph 2 b (new): The 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 line with the working plan established in accordance with Article 93a.

RemovedArticle 4 – paragraph 2 – subparagraph 3: deleted

RemovedArticle 4 – paragraph 2 – subparagraph 4: deleted

RemovedArticle 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 – 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;

RemovedArticle 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) by the European standardisation organisations, whilst an undue delay is given where the European standardisation organisation does not submit a standard within the time frame set out in the request but not longer than 2 years after having received the standardisation request;

RemovedArticle 4 – paragraph 3 – point b: deleted

RemovedArticle 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;

RemovedArticle 4 – paragraph 3 – point d: deleted

RemovedArticle 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;

RemovedArticle 4 – paragraph 3 – point e: deleted

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

RemovedArticle 4 – paragraph 3 – point g: deleted

RemovedArticle 4 – paragraph 4 – introductory part: 4. 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 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. In such case, the Commission may determine the following for specific product families and categories:

RemovedArticle 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 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.

RemovedArticle 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.

RemovedArticle 4 – paragraph 5: 5. The Commission is empowered to adopt delegated acts in accordance with Article 87 amending Annex I, Part A in order to comply with the standardisation priorities established pursuant to Article 93a(2), to adapt it to reflect technical progress and to cover new risks and environmental aspects.

RemovedArticle 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.

RemovedArticle 5 – paragraph 1: 1. The Commission is empowered to adopt delegated acts in accordance with Article 87, supplementing this Regulation by specifying for the respective product family or category, product requirements laid down in Annex I Part C1 and C2.

RemovedArticle 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 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.

RemovedArticle 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 6 – title: Assessment and verification systems

RemovedArticle 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 systems among those set out in Annex V are 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.

RemovedArticle 6 – paragraph 1 a (new): 1a. Assessment and verification systems shall be determined 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.

RemovedArticle 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.

RemovedArticle 6 – paragraph 3: deleted

RemovedArticle 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…

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

RemovedArticle 7 – paragraph 2 – subparagraph 2: deleted

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 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 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.

RemovedArticle 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:

RemovedArticle 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;

RemovedArticle 7 – paragraph 5 – subparagraph 2: deleted

RemovedArticle 7 – paragraph 5 – subparagraph 3: deleted

RemovedArticle 7 – paragraph 6: deleted

RemovedArticle 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 – 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.

RemovedArticle 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 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 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 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.

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, 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 b: deleted

RemovedArticle 10 – paragraph 3: deleted

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 thereof.

RemovedArticle 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.

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 for decorative purposes”.

RemovedArticle 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.

RemovedArticle 12 – paragraph 4: 4. Paragraphs 1 to 3 shall also apply to remanufactured products, if the transformative process does not jeopardise 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”.

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

RemovedArticle 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.

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

RemovedArticle 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;

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. 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.

RemovedArticle 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.

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

RemovedArticle 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.

RemovedArticle 15 – paragraph 2 – subparagraph 1: The declaration provided by electronic means shall be issued by the manufacturer in a machine-readable, but unamendable electronic format. / The Commission shall issue standardisation requests which aim at the elaboration of standard formats 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 data carrier provided that the permalink or data carrier and the document accessible via the permalink or data carrier are unamendable. Commission Delegated Regulation (EU) No 157/201446 shall apply under this Regulation.

RemovedArticle 15 – paragraph 3: deleted

RemovedArticle 16 – paragraph 2: 2. The CE marking shall be affixed to those products for which the manufacturer has drawn up a declaration of performance or, 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.

RemovedArticle 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).

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. Only those requirements covered by the harmonised zone shall be considered by that Member State.

RemovedArticle 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 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 e: deleted

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

RemovedArticle 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 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.

RemovedArticle 18 – paragraph 1: Markings other than the CE marking, including private ones, may be affixed on a product only if they do not only signify conformity of the product with the declared performance or with the product requirements set out in this Regulation and if those requirements are not mandatory for the marketing or use of a product. Those restrictions do not apply to the EU Ecolabel and other officially recognised type I-ecolabels (ISO 14024).

RemovedArticle 18 – paragraph 2: Markings other than markings set out by Union legislation may be affixed on a product, provided that those markings do not impair the visibility, legibility and meaning of the CE marking.

RemovedArticle 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.

RemovedArticle 19 – paragraph 2: deleted

RemovedArticle 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 – point c: deleted

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 the following:

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

RemovedArticle 19 – paragraph 3 – subparagraph 2 – point ii: (ii) contact details, including addresses, email addresses and websites of the operators referred to in the first subparagraph;

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

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

RemovedArticle 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 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.

RemovedArticle 19 – paragraph 5 – subparagraph 1: deleted

RemovedArticle 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.

RemovedArticle 20: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

RemovedArticle 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.

RemovedArticle 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 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.

RemovedArticle 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 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 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].

RemovedArticle 21 – paragraph 5 – subparagraph 3: deleted

RemovedArticle 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 I, Part C3 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.

RemovedArticle 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.

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 in the construction digital product passport and construction product passport registry established in accordance with Chapter IXa.

RemovedArticle 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 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 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;

RemovedArticle 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 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;

RemovedArticle 22 – paragraph 2 – subparagraph 1 – point d: (d) prevent premature obsolescence of products, use reliable parts and design products in such a way that their durability is significantly improved compared to the average durability of products of the respective category that serves the same purpose;

RemovedArticle 22 – paragraph 2 – subparagraph 1 – point f: (f) make available, at least on permalinks of their own websites or by means of QR codes and in the Digital Product Passport established in accordance with Article 78, relevant instructions for use, information on how to repair the products and any additional information necessary for repairing, including relevant warnings;

RemovedArticle 22 – paragraph 2 – subparagraph 1 – point g: (g) make available on the market itself or by specially designated distributors or by manufacturers of spare parts, with a reasonable and non-discriminatory price and with reasonably short delivery time, spare parts for their products for 10 years after the last product of the respective type has been placed on the market or directly installed and inform proactively about this availability;

RemovedArticle 22 – paragraph 2 – subparagraph 1 – point h: (h) design products components and materials in such a way that that they are reusable, remanufacturable and recyclable, namely by facilitating the separation of products components and materials at de-installation, deconstruction and demolition and the later stage of recycling and avoiding mixed, blended or intricate materials and substances of concern, and, when remanufacturing and recycling are risky for human safety or the environment, warn against remanufacturing and recycling in accordance with the following point;

RemovedArticle 22 – paragraph 2 – subparagraph 1 – point i: (i) make available, at least on their own websites or by means of QR codes and in the Digital Product Passport established in accordance with Article 78, relevant information on how to remanufacture or recycle the products and any additional information necessary for re-use, remanufacturing or recycling, including relevant warnings and a list of recycling facilities;

RemovedArticle 22 – paragraph 2 – subparagraph 1 – point j: (j) accept to regain free of charge, directly or via their importers and distributors, ownership of surplus and unsold products that are in a state equivalent to the one in which they were placed on the market, unless more than 5 years have passed since the product was placed on the market;

RemovedArticle 22 – paragraph 2 – subparagraph 1 – point j a (new): (ja) have extended producer responsibility, in accordance with relevant provisions in Directive 2008/98/EC, for products that they make available on the market for the first time within the territory of a Member State, including financing of direct or indirect collection, transport, preparation for repurposing and remanufacturing, treatment and recycling of waste construction products and providing end-of-life information.

RemovedArticle 22 – paragraph 4: 4. In order to specify the obligations set out in paragraph 2 of this Article, the Commission shall, by … [1 year after date of application of this Regulation], supplement this Regulation, by means of delegated acts in accordance with Article 87, by specifying, for particular product families and categories, these obligations. Alternatively, the Commission may issue standardisation requests which aim at the elaboration of harmonised standards providing presumption of conformity with the obligations of paragraph 2 of this Article for a specific product family or category. The obligations contained in paragraph 2, points (a), (d), (e), (g) (h), (j) and (ja) of this Article shall not apply before such a delegated act or a harmonised standard has become applicable.

RemovedArticle 22 – paragraph 5: 5. In order to ensure transparency for the users and to promote sustainable products, the Commission shall supplement this Regulation by delegated acts adopted in accordance with Article 87 to establish specific environmental sustainability labelling requirements for products marketed to end consumers in relation to environmental obligations set out in paragraph 1, product inherent environmental requirements set out in Annex I Part C Point 2, and environmental performance classes established in accordance with of Article 4(4), point (a).

RemovedArticle 22 – paragraph 6: 6. The manufacturer shall affix the label in the way set out in the delegated acts adopted in accordance with paragraph 5, including in a visible manner at the point of sale, including online sales, and on the website of the manufacturer.

RemovedArticle 22 – paragraph 6 a (new): 6a. Where appropriate to promote the availability of products with the best sustainability performance on the market, the Commission shall foster the use of the EU Ecolabel referred to in Regulation (EC) No 66/2010 of the European Parliament and of the Council for labelling the best performing products.

RemovedArticle 23 – paragraph 1: 1. A manufacturer established in the Union may appoint, by a written mandate, any natural or legal person established within the Union as a single authorised representative. A manufacturer not established in the Union shall appoint a single authorised representative.

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

RemovedArticle 23 – paragraph 3 – subparagraph 1 – point c: (c) terminate the contract if it considers that the manufacturer has acted contrary to its obligations under this Regulation and inform thereof the manufacturer and the competent national authorities of the Member States where the product is placed on the market and the national competent authority of his own place of business;

RemovedArticle 23 – paragraph 3 – subparagraph 1 – point d: (d) when having reason to believe that a product in question is non-compliant or presents a risk, inform the manufacturer and the national competent authorities of the Member States where the product is placed on the market and the national competent authority of his own place of business thereof; and

RemovedArticle 23 – paragraph 5: 5. Where an authorised representative identifies a non-compliance mentioned in paragraph 4, the authorised representative shall ask the manufacturer to remedy the non-compliances. The manufacturer shall thereon stop the placing on the market and ask other economic operators involved in the distribution to stop their commercial activities, until the non-compliance is remedied.

RemovedArticle 24 – paragraph 2: 2. The importer shall ensure that the product is accompanied by a clear indication of the information set out in harmonised technical specifications and in Annex I Part C3 in a language determined by the Member State concerned which can be easily understood by users. The importer shall, in a visible manner, display to customers before they are bound by a sales contract, including in case of distance selling, the information which shall be labelled pursuant to this Regulation or harmonised technical specifications.

RemovedArticle 24 – paragraph 4: 4. The importer shall, after having assembled all available product information from the manufacturer and the de-installer, scrutinise used and remanufactured products with regard to damages or indications for loss of performance or non-compliance, while assessing all risks.

RemovedArticle 24 – paragraph 5: 5. Where an importer considers or has reason to believe that the product is not in conformity with the declaration of performance or not in compliance with other applicable requirements in this Regulation, the importer shall not place the product on the market until it conforms to the accompanying declaration of performance and it complies with the other applicable requirements in this Regulation or until the declaration of performance is corrected. In the event that the product has already been placed on the market, it shall take the necessary corrective measures to bring that product into conformity, or, where appropriate, to withdraw or recall it.

RemovedArticle 25 – paragraph 2: 2. When making a product available on the market, distributors shall verify at a documentary level that the manufacturer and the importer have complied with the requirements set out in Article 21(1), (5) and (6) and, where applicable, in Article 22(2), points (f) and (i) and shall fulfil the obligations incumbent on importers in accordance with Article 24(3) to (5) whilst references to “placing on the market” shall be understood as “further making available on the market”.

RemovedArticle 25 – paragraph 3: deleted

RemovedArticle 26 – paragraph 1 – point a: deleted

RemovedArticle 26 – paragraph 1 – point c: (c) it stores or modifies a product in such a way that compliance with the declaration of performance and of conformity or with the requirements set out in and in accordance with this Regulation may be affected;

RemovedArticle 26 – paragraph 1 – point f: (f) it claims for it characteristics deviating from the characteristics declared by the manufacturer.

RemovedArticle 26 – paragraph 1 – point f a (new): (fa) it has subjected an imported or distributed, used or remanufactured product to a transformative process going beyond repair, cleaning and regular maintenance after being de-installed;

RemovedArticle 26 – paragraph 1 – point f b (new): (fb) it imports a used or remanufactured product, unless this product has been placed on the Union market before being used;

RemovedArticle 26 – paragraph 1 – point f c (new): (fc) it opts to assume the role of the manufacturer.

RemovedArticle 26 – paragraph 2: deleted / (deleted) / (deleted) / (deleted) / (deleted)

RemovedArticle 26 – paragraph 3: deleted / (deleted) / (deleted)

RemovedArticle 26 – paragraph 4: deleted

RemovedArticle 27 – title: Obligation of fulfilment service providers, brokers, online market places and online sellers

RemovedArticle 27 – paragraph 1: 1. When contributing to the making available on the market of a product, fulfilment service provider or broker shall act with due care in relation to the obligations of this Regulation. It shall be liable for infringement of this Article and of Article 19 in accordance with national law on contractual and extra-contractual liability.

RemovedArticle 27 – paragraph 2 – point b: (b) verify at a documentary level that the manufacturer has complied with the obligations set out in Article 21(1), (3) and (5) to (7) and Article 22(2), points (f) and (i);

RemovedArticle 27 – paragraph 2 – point d: (d) at the request of the market surveillance authorities, cease to offer products which are non-compliant or present a risk within the meaning of Article 21(9);

RemovedArticle 27 – paragraph 3 – point c: (c) give an appropriate answer to notices related to notification of accidents and other incidents with products received in accordance with [Article 14] of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Service Act) and amending Directive 2000/31/EC;

RemovedArticle 27 – paragraph 6: 6. The paragraphs 1 and 2, paragraph 3, points (b) to (i) and paragraphs 4 and 5 shall also apply to manufacturers, importers, distributors or other economic operators offering products online without involvement of an online marketplace.

RemovedArticle 27 – paragraph 7: deleted

RemovedArticle 27 – paragraph 8: 8. A fulfilment service provider shall ensure that the conditions during warehousing, packaging, addressing or dispatching, do not jeopardise the products’ compliance with the requirements set out in this Regulation. The manufacturer or importer of construction products shall provide the fulfilment service providers with the detailed information necessary for ensuring the safe storage, packaging, addressing or dispatch and further functioning of the product.

RemovedArticle 28 – title: Obligations in relation to 3D-printing of construction products

RemovedArticle 28 – paragraph 1 – introductory part: 1. A natural or legal person that 3D-prints construction products shall:

RemovedArticle 28 – paragraph 1 – point a: (a) satisfy the obligations incumbent on manufacturers when placing their products on the market;

RemovedArticle 28 – paragraph 1 – point b: (b) use the appropriate 3D datasets;

RemovedArticle 28 – paragraph 1 – point c: (c) ensure that the materials used have undergone the procedures applicable to products under this Regulation; and

RemovedArticle 28 – paragraph 1 – point d: (d) ensure that the information provided by the manufacturer of the 3D-dataset and the information provided by the manufacturer of the printing material coincide.

RemovedArticle 28 – paragraph 2: deleted

RemovedArticle 28 – paragraph 3: deleted

RemovedArticle 30: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

RemovedArticle 31 – title: Double use products

RemovedArticle 31 – paragraph 1: 1. A manufacturer of double use products and other economic operators dealing with them shall satisfy the obligations of this Regulation, unless they are marked as “not for construction”.

RemovedArticle 31 – paragraph 2: deleted

RemovedArticle 31 – paragraph 3 – introductory part: 3. For double use products marked as “not for construction” other economic operators shall:

RemovedArticle 32 – paragraph 1 – point b: (b) the economic operator uses the currency of the Member States; / (deleted)

RemovedArticle 33: deleted / (deleted) / (deleted) / (deleted)

RemovedChapter IV – title: EUROPEAN ASSESSMENT DOCUMENTS

RemovedArticle 34: deleted

RemovedArticle 35 – paragraph 1: deleted

RemovedArticle 35 – paragraph 2 – subparagraph 1 – introductory part: Following a request for a European technical assessment by a manufacturer or a group of manufacturers or on initiative of the Commission, a European assessment document may be drawn up and adopted by the organisation of technical assessment bodies (‘TABs’) in agreement with the Commission for any kind or category of product not covered by:

RemovedArticle 35 – paragraph 2 – subparagraph 1 – point b: (b) a harmonised technical specification intended to be adopted in the next 1 year as from the date of verification with the Commission;

RemovedArticle 35 – paragraph 2 a (new): 2a. The Commission shall task EOTA and CEN with coordinating to ensure that there is no overlap between a European assessment document and harmonised standards or parts thereof.

RemovedArticle 35 – paragraph 3: 3. The organisation of TABs and the Commission may bundle or reject requests for the development of a European assessment document. The procedure for adopting a European assessment document shall comply with Article 36 and the procedure laid down in Annex IIIa.

RemovedArticle 35 – paragraph 3 a (new): 3a. Article 4(1) and (4), Article 6, Article 9 and Articles 11 to 17 shall apply to European assessment documents. Where the CE marking is issued on the basis of a European assessment document and a European technical assessment, the European assessment document shall be referred to in the declaration of performance and the declaration of conformity.

RemovedArticle 35 – paragraph 4: 4. The Commission is empowered to amend Annex IIIa by delegated act adopted in accordance with Article 87 to establish supplementary procedural rules for the development and adoption of a European assessment document, where this is necessary to ensure the good functioning of the European assessment documents system.

RemovedArticle 36 – paragraph 1 – subparagraph 1 – point b: (b) not to disclose the information protected by intellectual property rights, and protect commercial secrecy and confidentiality;

RemovedArticle 36 – paragraph 1 – subparagraph 1 – point d: (d) allow for adequate participation by the Member States and the Commission;

RemovedArticle 36 – paragraph 1 – subparagraph 2: The balancing of principles laid down in points (a) and (b) of this paragraph shall at least allow for the disclosure of the name of the product at the stage of the approval and the communication of the work programme, as set out in Annex IIIa, point 5 and the detailed contents of the draft European assessment document set out in Annex IIIa, point 5.

RemovedArticle 37 – paragraph 1 – point c: (c) where the product is not covered by any harmonised technical specification or European assessment document and where no such harmonised technical specification is intended to be adopted in the next year, or no such or European assessment document is already in the procedure of developing pursuant to Annex IIIa, the TAB shall apply the procedures set out in Annex IIIa or those established in accordance with Article 35(4).

RemovedArticle 38 – paragraph 2: 2. Only European assessment documents referred to in that list and published by either the Commission or by the organisation of TABs shall authorise the issuing of European technical assessments in accordance with Article 42 and trigger legal effects in accordance with Article 42(5), including with regard to the manufacturer who requested the development of the European assessment document. This legal effect of European assessment documents shall expire ten years after their first citation in the Official Journal of the European Union or immediately where the European technical document has been withdrawn unless they have been renewed in the last year prior to expiry and the Commission decides to maintain the listing.

RemovedArticle 38 – paragraph 2 a (new): 2a. In order to ensure the high quality of European assessment documents and to accommodate the confidentiality needs of the applicant for the related European technical assessment, before the reference to a new European assessment document is cited in the Official Journal of the European Union, a draft of the first European technical assessment based on that European assessment document shall be issued. If necessary, the final draft of the European assessment document shall be amended based on the experience gained with the issue of the first European technical assessment. The Commission, jointly with organisation of TABs, shall communicate the date of citation of the reference to the European assessment document.

RemovedArticle 40 – paragraph 1 – point a: (a) a description of the kind or category of product covered; and

RemovedArticle 40 – paragraph 1 – point b: (b) the list of essential characteristics, relevant for the intended use of the kind or category of product as set out by the manufacturer and agreed between the manufacturer and the organisation of TABs, and the methods and criteria for assessing the performance of the product in relation to those essential characteristics.

RemovedArticle 40 – paragraph 2: 2. Principles for the applicable factory production control to be applied shall be set out in the European assessment document, taking into account the conditions of the manufacturing process of the kind or category of product concerned.

RemovedArticle 40 – paragraph 3: 3. Where the performance of some of certain essential characteristics of the kind or category of products can appropriately be assessed with methods and criteria established in harmonised technical specifications or European assessment documents, those existing methods and criteria shall be incorporated as parts of the European assessment document.

RemovedArticle 42 – paragraph 1 – subparagraph 1: A European technical assessment shall be issued by a TAB, at the request of a manufacturer on the basis of a European assessment document, the reference of which has been cited in the Official Journal of the European Union in accordance with Article 38.

RemovedArticle 42 – paragraph 1 a (new): 1a. When a request for a European technical assessment is made, the procedure laid down in Annex IIIa shall apply.

RemovedArticle 43: deleted / (deleted) / (deleted) / (deleted)

RemovedArticle 44 – paragraph 1 – subparagraph 1: Member States may designate Technical Assessment Bodies (TABs) within their territories for one or several product areas listed in of Annex IV, Table 1. When the Member State decides to designate a TAB, it shall appoint one single authority in charge of technical assessment bodies (the “designated authority”).

RemovedArticle 44 – paragraph 3 – subparagraph 1: The designated authority shall monitor the activities and competence of the TABs designated in their respective Member State, and where necessary their subsidiaries and subcontractors, and evaluate them in relation to the respective requirements set out in this Chapter. The designated authority shall instruct the TABs wherever there is an infringement of law or common practice agreed between the Member States and the Commission. In case of repeated infringement of the law, it may revoke the designation of the TAB.

RemovedArticle 44 – paragraph 5: 5. The Commission may investigate the compliance of TABs with the requirements set out in this chapter, as well as the fulfilment by the responsible designated authorities of their monitoring obligations.

RemovedArticle 44 – paragraph 6: 6. TABs shall, upon request by the relevant designated authority, supply all relevant information and documents, required to enable the authority, the Commission and the Member States to verify compliance.

RemovedArticle 46 – paragraph 2 – subparagraph 1 – point i: (i) ensure that adopted European assessment documents and references to European technical assessments are kept publicly available.

RemovedArticle 46 – paragraph 6: 6. The Commission may make the financing of the organisation of TABs, regardless of via grants or public tenders, subject to the fulfilment of organisational and performance requirements, including with regard to a fair geographic distribution of TABs.

RemovedArticle 49 – paragraph 6 – subparagraph 1: The notifying authority shall have a sufficient number of competent personnel and sufficient funding at its disposal for the proper performance of its tasks.

RemovedArticle 49 – paragraph 6 – subparagraph 2: deleted

RemovedArticle 50 – paragraph 3 – subparagraph 1: A conformity assessment body shall be a third-party body independent of all business ties of the organisation or the construction product it assesses.

RemovedArticle 50 – paragraph 3 – subparagraph 2: deleted

RemovedArticle 50 – paragraph 3 – subparagraph 3: A conformity assessment body belonging to a business association or professional federation representing undertakings involved in the design, manufacturing, provision, assembly, use or maintenance of products which it assesses, may, on condition that its independence and the absence of any conflict of interest are demonstrated, be considered such an independent body.

RemovedArticle 50 – paragraph 4 – subparagraph 1: A conformity assessment body, its top-level management and the personnel responsible for carrying out the third party tasks in the assessment and verification process shall not be the designer, manufacturer, supplier, importer, distributor, installer, purchaser, owner, user or maintainer of the products which it assesses, nor the representative of any of those parties. This shall not preclude the use of assessed products that are necessary for the operations of the conformity assessment body or the use of products for personal purposes.

RemovedArticle 50 – paragraph 4 – subparagraph 2: A conformity assessment body, its top-level management and the personnel responsible for carrying out the third party tasks in the assessment and verification process shall not become directly involved in the design, manufacture or construction, marketing, installation, use or maintenance of those products, nor represent the parties engaged in those activities. They shall not engage in any activity that may conflict with their independence of judgement and integrity related to the activities for which they have been notified nor provide consultancy services.

RemovedArticle 50 – paragraph 4 – subparagraph 3: A conformity assessment body shall ensure that activities of its parent or sister companies, its subsidiaries or subcontractors do not affect the confidentiality, objectivity and impartiality of its assessment and/or verification activities.

RemovedArticle 50 – paragraph 5: 5. A conformity assessment body and its personnel shall carry out the third party tasks in the assessment and verification process with the highest degree of professional integrity and requisite technical competence in the specific field and shall be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of their assessment and/or verification activities, especially from persons or groups of persons with an interest in the results of those activities.

RemovedArticle 50 – paragraph 6 – subparagraph 1: A conformity assessment body shall be capable of carrying out all the third party tasks in the assessment and verification process assigned to it in accordance with Annex V in relation to which it has been notified, whether those tasks are carried out by the conformity assessment body itself or on its behalf and under its responsibility.

RemovedArticle 50 – paragraph 6 – subparagraph 2 – point a: (a) the necessary competent personnel with technical knowledge and sufficient and appropriate experience to perform the third party tasks in the assessment and verification process;

RemovedArticle 50 – paragraph 6 – subparagraph 2 – point b: (b) the necessary description of procedures according to which the assessment process is carried out, ensuring the transparency and the ability of reproduction of these procedures. It shall have appropriate policies and procedures in place that distinguish between the tasks it carries out as a notified body and other activities, and it shall assign its personnel to those tasks.

RemovedArticle 50 – paragraph 6 – subparagraph 2 – point c: deleted

RemovedArticle 50 – paragraph 6 – subparagraph 3: A conformity assessment body shall have the means necessary to perform the technical and administrative tasks connected with the activities for which it intends to be notified in an appropriate manner and shall have access to all necessary equipment or facilities.

RemovedArticle 50 – paragraph 9: 9. A conformity assessment body shall take out liability insurance unless liability is assumed by the Member State in accordance with national law, or the Member State itself is directly responsible for the assessment and/or the verification performed.

RemovedArticle 50 – paragraph 10: 10. The personnel of the conformity assessment body shall be bound to observe professional secrecy with regard to all information gained in carrying out its tasks under Annex V, except in relation to the competent administrative authorities of the Member State in which its activities are carried out. Proprietary rights shall be protected.

RemovedArticle 50 – paragraph 11: 11. A conformity assessment body shall participate in, and ensure that its assessment personnel is informed of, relevant standardisation activities, activities of the notified body coordination group established under this Regulation and shall apply as general guidance the administrative decisions and documents produced as a work result.

RemovedArticle 51 – title: Presumption of conformity of notified bodies

RemovedArticle 53 – paragraph 2: 2. The notified body shall take full responsibility for the tasks performed by subcontractors or subsidiaries wherever these are established.

RemovedArticle 55 – paragraph 2: 2. The application shall be accompanied by a description of the activities to be performed, the assessment and/or verification processes for which the body claims to be competent, an accreditation certificate, where one exists, issued by the national accreditation body within the meaning of Regulation (EC) No 765/2008, attesting that the body meets the requirements laid down in Article 50. The accreditation certificate shall relate only to the specific conformity assessment body applying for notification and not take account of the capacities or personnel of parent or sister companies. It shall be based, in addition to relevant harmonised standards, on the specific requirements and assessment tasks.

RemovedArticle 58 – paragraph 1: 1. Where a notifying authority has ascertained or has been informed that a notified body no longer meets the requirements laid down in Article 50, or that it is failing to fulfil its obligations, the notifying authority shall restrict, suspend or withdraw the notification as appropriate, depending on the seriousness of the failure to meet those requirements or to fulfil those obligations. It shall immediately inform the Commission and the other Member States accordingly.

RemovedArticle 59 – paragraph 3 a (new): 3a. Where the Commission finds that a notified body does not meet, or no longer meets, the requirements for its notification, it shall inform the notifying Member State accordingly and request it to take the necessary corrective measures, including withdrawal of notification, if necessary.

RemovedArticle 60 – paragraph 7: deleted

RemovedArticle 62: deleted / (deleted) / (deleted) / (deleted)

RemovedArticle 63 – paragraph 1: The Commission shall ensure that appropriate coordination and cooperation between bodies notified pursuant to Article 47 are put into place and properly operated in the form of a group of notified bodies. Member States shall ensure that the bodies notified by them participate in the work of that group, directly or by means of designated representatives. Coordination and cooperation in the groups referred to in paragraph 1 shall aim at ensuring the harmonised application of this Regulation.

RemovedArticle 63 – paragraph 2: deleted

RemovedArticle 63 – paragraph 3: Notified bodies shall take into account as general guidance the administrative decisions and documents produced by that group.

RemovedArticle 64 – paragraph 1 – introductory part: 1. A manufacturer may replace type testing or type calculation by appropriate technical documentation demonstrating that:

RemovedArticle 64 – paragraph 1 – point a: (a) for one or several essential characteristics of the product, which the manufacturer places on the market, that product is deemed to achieve a certain level or class of performance without testing or calculation, or without further testing or calculation, in accordance with the conditions set out to that end in the relevant harmonised technical specification; or

RemovedArticle 64 – paragraph 1 – point b: (b) the product, covered by a harmonised technical specification or by a European technical assessment, which the manufacturer places on the market is a system made of items, which the manufacturer assembles duly following precise instructions, including compatibility criteria in case of individual items, given by the provider of such a system or supplier of a component thereof, who has already tested that system or that item for one or several of its essential characteristics in accordance with the relevant harmonised technical specification or the European technical assessment. When these conditions are satisfied and when the manufacturer has notably verified that the precise compatibility criteria of the provider are met, the manufacturer is entitled to declare performance corresponding to all or part of the test results for the system or the item provided to them; or

RemovedArticle 64 – paragraph 1 – point b a (new): (ba) the construction product, covered by a harmonised standard, which the manufacturer places on the market corresponds to the product-type of another construction product, manufactured by another manufacturer and already tested in accordance with the relevant harmonised standard. When those conditions are fulfilled, the manufacturer is entitled to declare performance corresponding to all or part of the test results of this other product. The manufacturer may use the test results obtained by another manufacturer only after having obtained the authorisation of that manufacturer, who remains responsible for the accuracy, reliability and stability of those test results.

RemovedArticle 66: deleted / (deleted) / (deleted) / (deleted)

RemovedArticle 67 – paragraph 1 – subparagraph 1 – introductory part: A notified body (hereafter: recognising notified body) may refrain from the assessment and verification of a certain item to be assessed or verified in accordance with this Regulation and recognise the assessment and verification undertaken by another notified body for the same economic operator where all of the following applies:

RemovedArticle 67 – paragraph 1 – subparagraph 1 – point b: deleted

RemovedArticle 68 – paragraph 1: 1. Without prejudice to the obligations of economic operators under this Regulation and the activities of market surveillance authorities under Regulation 2019/1020, the Commission shall, in addition, set up a system allowing any natural or legal person to share complaints or reports related to possible non-compliances with this Regulation.

RemovedArticle 68 – paragraph 2: 2. Where the Commission considers a complaint or report relevant and substantiated based on clearly defined criteria, it shall without undue delay assign it to a market surveillance authority for it to follow-up with the relevant natural or legal person in accordance with Article 11(7), point (a) of Regulation (EU) 2019/1020.

RemovedArticle 68 – paragraph 2 a (new): 2a. The Commission shall adopt implementing acts establishing the criteria and the timeline referred to in paragraph 2 of this Article. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 88(1).

RemovedArticle 68 – paragraph 2 b (new): 2b. As regards construction products that might present a risk to the health and safety of consumers, any interested natural or legal person shall have the possibility to inform the Commission through a separate section of the Safety Gate Portal. The Commission shall give due consideration to the information received and, after verification of its accuracy, where appropriate, forward that information to the relevant Member State’s market surveillance authority without undue delay to ensure that those complaints are appropriately followed-up.

RemovedArticle 69 – paragraph 2: 2. Member States shall designate, amongst their competent authorities, the ‘national competent authority’ which is the single point of contact for communication with other Member States.

RemovedArticle 69 – paragraph 2 a (new): 2a. The designated competent authorities shall have all the powers listed in Article 14(4) of Regulation (EU) 2019/1020. These powers shall be, for the purposes of this Regulation, extended to all economic operators covered by this Regulation.

RemovedArticle 69 – paragraph 2 b (new): 2b. For the purpose of market surveillance, investigation and enforcement, competent authorities shall have the power to request from other public authorities or bodies relevant information in their possession.

RemovedArticle 70 – title: Procedure to deal with non-compliance

RemovedArticle 70 – paragraph 1 – subparagraph 1: Where a market surveillance authority of one Member State has sufficient reason to believe that certain products covered by a harmonised technical specification or for which a European technical assessment has been issued, or its manufacturer, is non-compliant, it shall carry out an evaluation in relation to the products and the manufacturer concerned covering the respective requirements laid down by this Regulation. The relevant economic operators shall cooperate as necessary with the market surveillance authorities.

RemovedArticle 70 – paragraph 1 – subparagraph 2: Where, in the course of that evaluation, the market surveillance authority finds that the products or its manufacturer does not comply with the requirements and obligations laid down in this Regulation, it shall without delay require the relevant economic operators to take all appropriate and proportionate corrective actions to bring the products or their manufacturer into compliance with those requirements and obligations or to withdraw the products from the market, or to recall them, all within a reasonable period and commensurate with the nature and degree of the non-compliance. The corrective action required to be taken by the economic operators may include the actions listed in Article 16(3) of Regulation (EU) 2019/1020.

RemovedArticle 70 – paragraph 7: 7. Where, within 3 months of receipt of the information referred to in paragraph 4, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State in relation to the product concerned, that measure shall be deemed justified.

RemovedArticle 71 – paragraph 1 – subparagraph 1: Where, on completion of the procedure set out in Article 70(4), objections are raised against a measure taken by a Member State or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States and the relevant economic operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall adopt implementing acts, within four months of the notification received pursuant to Article 70(4), setting out its decision whether the measure is justified or not.

RemovedArticle 71 – paragraph 2: 2. If the national measure is considered justified, all Member States shall, without delay, take the necessary measures to ensure that the non-compliant product is withdrawn from their markets and shall inform the Commission accordingly. If the national measure is considered unjustified, the Member State concerned shall withdraw the measure.

RemovedArticle 71 – paragraph 3 a (new): 3a. Where the national measure is considered to be justified and the non-compliance of the construction product is attributed to shortcomings in a European assessment document, as referred to in Article 70(5), point (c), the Commission shall inform the organisation of TABs of the shortcoming and, if necessary, request the revision of the European assessment document concerned.

RemovedArticle 73: deleted / (deleted) / (deleted) / (deleted)

RemovedArticle 74 – paragraph 2 – subparagraph 1 – point d: (d) elaborate guidelines for the application and enforcement of requirements and obligations set out in harmonised technical specifications adopted pursuant to this Regulation, including common practices and methodologies for effective market surveillance, such as the number and type of checks to be performed by market surveillance authorities;

RemovedArticle 74 – paragraph 2 – subparagraph 1 – point d a (new): (da) elaborate guidelines for economic operators on the harmonised application of this Regulation.

RemovedArticle 75 – paragraph 1: Where a product has been found to be non-compliant, market surveillance authorities shall have the right to recover from economic operators who placed or made available the product on the market the costs of document inspection and physical product testing, with a justification of those costs.

RemovedArticle 77 – paragraph 8: 8. Member States and the Commission may use artificial intelligence systems to detect diverging decision making practices.

RemovedArticle 78: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

RemovedArticle 79 – paragraph 1: 1. Member States shall support economic operators by product contact points for construction. Member States shall designate and maintain at least one product contact point for construction on their territory and shall ensure that their product contact points for construction have sufficient powers and adequate resources for the proper performance of their tasks. They shall ensure that product contact points for construction deliver their services in accordance with Regulation (EU) 2018/172449 and that they coordinate with the contact points for mutual recognition established by Article 9(1) of Regulation (EU) No 2019/51550 .

RemovedArticle 79 – paragraph 3: 3. Product contact points for construction shall respond or provide information free of charge within 15 working days of receiving any request under paragraph 3.

RemovedArticle 79 – paragraph 4: deleted

RemovedChapter IX a (new): Chapter IXa / Construction digital product passport and product passport registry / Article 81a / Establishment of the construction digital product passport / 1. The Commission shall adopt delegated acts in accordance with Article 87 to supplement this Regulation by setting up a construction digital product passport in accordance with the conditions set out in this Chapter. / The construction digital product passport shall be compatible and interoperable with the digital product passport established by the regulation (EU) [Regulation on eco design for sustainable products], without compromising interoperability with Building Information Modelling (BIM) by taking into account the specific characteristics and requirements related to construction products. / 2. The construction digital product passport shall consist of: / (a) the declaration of performance or the combined declaration of performance and conformity; / (b) the product information laid down in Annex I Part D; and / (c) technical documentation referred to in Articles 64(1), 65(1), 66(1) and Annex II point 11(b). / 3. The construction digital product passport shall be accessible via electronic means through the data carrier. / 4. The following data carriers or similar means may be used to access the construction digital product passport: / (a) QR code; / (b) bar code; / (c) RFID chip; / (d) permalink. / 5. The construction digital product passport shall be accessible free of charge to all economic operators, clients, …

RemovedArticle 82 – paragraph 1 – point e: (e) scientific, technical, and regulatory matters, aiming to improve product safety or the protection of the environment and consumers;

RemovedArticle 82 – paragraph 1 – subparagraph 1 a (new): The Commission shall regularly inform Member States about the cooperation activities with third countries or international organisations it undertakes pursuant to the first subparagraph.

RemovedArticle 82 – paragraph 2: 2. The Commission, after consultation with the Member States, may provide third countries or international organisations with selected information from the digital construction product passport to the system referred to in Article 77 and to the information exchanged amongst authorities in accordance with this Regulation and receive relevant information on products and on preventive, restrictive and corrective measures taken by these third countries or international organisations. The Commission shall share such information with national authorities, where relevant.

RemovedArticle 82 – paragraph 5: deleted

RemovedArticle 83 – paragraph 1 – subparagraph 1: Where Member States provide incentives for a product category covered by performance classes established in accordance with Article 4 or a label in accordance with Article 22(5), those incentives shall aim at the highest two classes.

RemovedArticle 83 – paragraph 1 – subparagraph 2: Where classes of performance are defined in relation to more than one sustainability parameter, it shall be indicated therein in relation to which parameter this Article should be implemented.

RemovedArticle 83 – paragraph 2: deleted / (deleted) / (deleted) / (deleted)

RemovedArticle 83 – paragraph 2 a (new): 2a. Member States may also provide incentives for the promotion of environmentally friendly and sustainable construction products that are not covered by harmonised technical specifications in line with State aid rules.

RemovedArticle 84 – paragraph 1: 1. Without prejudice to Directives 2014/24/EU and 2014/25/EU, the Commission is empowered to adopt delegated acts in accordance with Article 87 supplementing this Regulation by establishing sustainability requirements that shall be applied by Member States to public contracts that are specifically tendered as green public procurement contracts, including implementation, monitoring and reporting of those requirements by Member States. The first delegated act shall be adopted by the Commission by 31 December 2026. Member States and the Commission shall provide technical and financial assistance to national contracting authorities to upskill and reskill the staff in charge of green public procurement.

RemovedArticle 84 – paragraph 2: 2. Sustainability requirements established pursuant to paragraph 1 for green public procurement contracts awarded by contracting authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article 3, point (1) of Directive 2014/25/EU, or contracting entities, as defined in Article 4(1) of Directive 2014/25/EU, may take the form of mandatory performance levels or technical specifications, or, as appropriate, selection criteria, award criteria or contract performance clauses, while taking into consideration the specific needs and constraints of small local authorities and of SMEs.

RemovedArticle 84 – paragraph 3 – introductory part: 3. When establishing sustainability requirements pursuant to paragraph 1 for green public procurement contracts, the Commission shall, in line with paragraphs 13 and 28 of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, consult experts designated by each Member State and relevant stakeholders, carry out an impact assessment and take into account at least the following criteria:

RemovedArticle 84 – paragraph 3 – point a a (new): (aa) environmental benefits entailed by the uptake of products in the highest two performance classes;

RemovedArticle 84 – paragraph 3 – point c: (c) the economic feasibility for contracting authorities or contracting entities to buy more environmentally sustainable products, without entailing disproportionate costs and taking into account the availability of those products on the market;

RemovedArticle 84 – paragraph 3 – point c a (new): (ca) the Members States’ regulatory needs and different climate conditions;

RemovedArticle 84 – paragraph 3 – point c b (new): (cb) the impact on, and needs of, SMEs.

RemovedArticle 84 – paragraph 3 a (new): 3a. Sustainability requirements established pursuant to paragraph 1 for green public procurement contracts shall not prevent Member States from establishing more ambitious requirements.

RemovedArticle 84 – paragraph 3 b (new): 3b. Notwithstanding paragraphs 1 and 2, Member States may use the EU Ecolabel and other national or regional EN ISO 14024 type I ecolabelling schemes officially recognised in accordance with Article 11 of Regulation (EC) 66/2010 as award criteria, technical specifications or contract performance requirements, in line with Article 43 of Directive 2014/24/EU.

RemovedArticle 88 – paragraph 1: 1. The Commission shall be guided by the Committee on Construction Products. This committee shall be a committee within the meaning of Regulation (EU) No 182/2011. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply (advisory procedure).

RemovedArticle 89 – paragraph 2 – subparagraph 1: All documentation required by Article 19(7),Article 21(3), Articles 64 to 66 and Annex V can be provided on paper or in a commonly used electronic format and in a way that permits downloads via unmodifiable links (permalinks or other data carriers).

RemovedArticle 89 – paragraph 2 – subparagraph 2: All information obligations set up by Article 7(3) and (4), Article 19(1), (3), (5) and (6), Article 21(6) to (9), Article 22(2), points (f) and (i), Article 23(5), Article 24(6), Article 25(2), Article 27(2), Article 28, Article 29, Article 31, Article 32, Articles 34 to 39, Article 41(3), Article 44(3), (4), (6) and (7), Article 45(3), Article 46(2), Article 47, article 49(5), Article 50(11), Article 53(1), Article 58(1), Article 59(2), Article 61, Article 70(1), (2), (4) and (6), Article 71(2), Article 72(1), (3) and (5), Article 76, Article 77, Article 79(2), Article 79(3), Article 80(2), Article 82(1) to (3), (6) and (7) and Article 91 can be satisfied by electronic means. / Information to be provided in accordance with Annex I Part C3, as well as any other information, shall be provided in paper format free of charge within one month, if requested by the consumer at the time of purchase.

RemovedArticle 90 – paragraph 2 – point d a (new): (da) withholding data or technical documentation that could lead to the recall of the construction product or its components or to the refusal or withdrawal of the declaration of conformity;

RemovedArticle 90 – paragraph 2 – point e a (new): (ea) making false statements during the assessment and verification procedures undergone with a view to drawing up the declarations of performance and conformity;

RemovedArticle 90 – paragraph 2 – point f a (new): (fa) falsifying test results for conformity or for market surveillance;

RemovedArticle 90 – paragraph 2 – point g: (g) information to be provided in accordance with Annex I Part C3 and harmonised technical specifications is missing, incomplete or incorrect;

RemovedArticle 90 – paragraph 2 – point m: deleted

RemovedArticle 90 – paragraph 4: deleted

RemovedArticle 91 – paragraph 1: No sooner than 5 years after the date of application of this Regulation, the Commission shall carry out an evaluation of this Regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of products and construction works and built environment. The evaluation shall inter alia assess the correlation of the revised Construction Products Regulation with Regulation (EU) ... (Ecodesign for Sustainable Products Regulation). The Commission shall present a report on the main findings to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. Member States shall provide the Commission with the information necessary for the preparation of that report.

RemovedArticle 92 – paragraph 1: Regulation (EU) 305/2011 is repealed with effect from [the date of entry into force of this Regulation], with the exception of Articles 2 to 9, 11, 27 and 28, which are repealed with effect from [10 years after the date of entry into force of this Regulation].

RemovedArticle 92 – paragraph 1 a (new): The Articles listed in the first subparagraph shall only be applicable to European assessment documents and harmonised standards cited in accordance with Regulation (EU) 305/2011 and not withdrawn afterwards.

RemovedArticle 93 – paragraph 3 – introductory part: 3. All standards that are in force on [date of application of this Regulation] shall remain valid until they are withdrawn by the Commission or otherwise repealed.

RemovedArticle 93 – paragraph 3 – point a: deleted

RemovedArticle 93 – paragraph 3 – point b: deleted

RemovedArticle 93 – paragraph 3 – point c: deleted

RemovedArticle 93 – paragraph 4: 4. European assessment documents issued before [entry into force] remain valid until [5 years after entry into force], unless they have expired for other reasons. Products placed on the market on the basis of these may be further made available on the market for another five years.

RemovedArticle 93 – paragraph 5: 5. Notified bodies’ certificates and European technical assessments issued under Regulation (EU) 305/2011 remain valid for five years after the entry into force of harmonised technical specifications for the respective product family or category adopted in accordance with Article 4(2), unless these documents have expired for other reasons. Products placed on the market on the basis of these documents may be further made available on the market for another five years.

RemovedArticle 93 a (new): Article 93a / Working plan for transition and standardisation priorities / 1. The Commission shall, not later than [6 months after entry into force], establish a working plan covering at least the following three-year period. / The Commission shall be supported by an expert group composed of experts designated by the Member States and representatives of European standardisation organisations and of relevant European stakeholder organisations receiving Union financing under Regulation (EU) No 1025/2012 (‘the CPR Acquis Expert Group’). / The working plan referred to in the first subparagraph shall be publicly available. The Commission shall renew and update the working plan for the following three-year period one year before its expiration as long as this Regulation remains applicable. / If the Commission considers that it cannot achieve the goals set out in the working plan, it shall amend it accordingly without undue delay. / 2. The working plan shall contain a list of product families or categories which are considered as priorities for the development of harmonised technical specifications and the issuing of standardisation requests in accordance with Article 4(2), Article 4a and Article 5 of this Regulation. This list shall be updated yearly after consultation with the CPR Acquis expert group. / 3. In establishing the priorities under paragraph 2 of this Article, the Commission shall pay particular attention to the replacement of harmonised technical specifications adopted…

RemovedAnnex I – title: Requirements for construction works and products

RemovedAnnex I – Part A – title: Basic requirements for construction works

RemovedAnnex I – Part A – point 1 – paragraph 1: deleted

RemovedAnnex I – Part A – point 1 – point 1.1 – paragraph 2: The construction works and the relevant parts of them shall be designed, constructed, used, maintained and demolished in such a way that all relevant loads and any combinations of them are sustained and transmitted into the ground safely and without causing deflections or deformations of any part of the construction works, or movement of the ground as to impair the durability, structural resistance, serviceability and robustness of the construction works.

RemovedAnnex I – Part A – point 1 – point 1.2 – paragraph 2: The construction works and the relevant parts of them shall be designed, constructed, used, maintained and demolished in such a way that an event of fire is appropriately prevented. In case of a fire, the fire shall be detected and an alarm or alert shall be triggered without a delay. The fire and smoke shall be contained and controlled, and the occupants of the construction works shall be protected against fire and smoke. There shall be appropriate arrangements to ensure safe escape and evacuation of the construction works for all its occupants.

RemovedAnnex I – Part A – point 1 – point 1.3 – paragraph 2 – introductory part: The construction works and any part of them shall be designed, constructed, used, maintained and demolished in such a way that they, throughout their life cycle, do not adversely affect the hygiene or health and safety of workers, occupants, or neighbours as a result of any of the following:

RemovedAnnex I – Part A – point 1 – point 1.3 – paragraph 2 – point a: (a) the emissions of hazardous substances volatile organic compounds, odours or hazardous particles into indoor air;

RemovedAnnex I – Part A – point 1 – point 1.3 – paragraph 2 – point e a (new): (ea) the release of microplastics;

RemovedAnnex I – Part A – point 1 – point 1.3 – paragraph 2 – point e b (new): (eb) as far as possible, the release of substances of concern into indoor air or water;

RemovedAnnex I – Part A – point 1 – point 1.7 – paragraph 1: Emissions into the outdoor environment of construction works

RemovedAnnex I – Part A – point 1 – point 1.7 – paragraph 2 – point a: (a) the release of hazardous substances, microplastics, or radiation into air, ground water, marine or surface waters or soil;

RemovedAnnex I – Part A – point 1 – point 1.7 – paragraph 2 – point d: (d) the release of greenhouse gas emissions into the atmosphere.

RemovedAnnex I – Part A – point 1 – point 1.8 – paragraph 2 – point a: (a) maximising the resource efficient use of by-products and secondary, low-carbon, sustainably sourced bio-based, or local materials as well as raw materials of high environmental sustainability and thus with a low environmental footprint;

RemovedAnnex I – Part A – point 1 – point 1.8 – paragraph 2 – point b: (b) minimizing the overall amount of raw materials used and maximising the use of secondary materials where applicable;

RemovedAnnex I – Part A – point 1 – point 1.8 – paragraph 2 – point c a (new): (ca) minimising the overall volumes of waste generated;

RemovedAnnex I – Part A – point 1 – point 1.8 – paragraph 2 – point e a (new): (ea) easy deconstruction, use of sustainably sourced, used and recycled materials.

RemovedAnnex I – Part A – point 2 – title: PART B: Essential environmental characteristics of construction products

RemovedAnnex I – Part A – point 2 – paragraph 2 – introductory part: Harmonised technical specifications shall cover the following essential characteristics related to life cycle assessment:

RemovedAnnex I – Part A – point 2 – paragraph 2 – point a: (a) Global Warming Potential total (mandatory);

RemovedAnnex I – Part A – point 2 – paragraph 2 – point a a (new): (aa) Global Warming Potential fossil fuels (mandatory);

RemovedAnnex I – Part A – point 2 – paragraph 2 – point a b (new): (ab) Global Warming Potential biogenic (mandatory);

RemovedAnnex I – Part A – point 2 – paragraph 2 – point a c (new): (ac) Global Warning Potential land use and land use change (mandatory);

RemovedAnnex I – Part A – point 2 – paragraph 2 – point b: (b) depletion potential of the stratospheric ozone layer (mandatory);

RemovedAnnex I – Part A – point 2 – paragraph 2 – point c: (c) acidification potential, Accumulated Exceedance (mandatory);

RemovedAnnex I – Part A – point 2 – paragraph 2 – point d: (d) eutrophication potential, fraction of nutrients reaching freshwater end compartment (mandatory);

RemovedAnnex I – Part A – point 2 – paragraph 2 – point e: (e) eutrophication potential, fraction of nutrients reaching marine end compartment (mandatory);

RemovedAnnex I – Part A – point 2 – paragraph 2 – point f: (f) eutrophication potential, Accumulated Exceedance (mandatory);

RemovedAnnex I – Part A – point 2 – paragraph 2 – point g: (g) formation potential of tropospheric ozone (mandatory);

RemovedAnnex I – Part A – point 2 – paragraph 2 – point h: (h) abiotic depletion potential for non-fossil resources

RemovedAnnex I – Part A – point 2 – paragraph 2 – point i: (i) abiotic depletion for fossil resources potential (mandatory);

RemovedAnnex I – Part A – point 2 – paragraph 2 – point j: (j) water (user) deprivation potential, deprivation-weighted water consumption (mandatory);

RemovedAnnex I – Part A – point 2 – paragraph 3: Harmonised technical specifications shall indicate that, for the essential characteristics in the first subparagraph under points (a) to (j), it is mandatory for the manufacturer to declare the performance of the product as set out in Articles 11(2) and 22(1). By… [5 years after the entry into force of this Regulation], it shall be mandatory for the manufacturer to declare the essential characteristics under points (k) to (p).

RemovedAnnex I – Part B – title: PART C: Product requirements / PART C1: Requirements ensuring the appropriate functioning and performance of products

RemovedAnnex I – Part C – title: PART C2: Inherent product requirements

RemovedAnnex I – Part C – point 1 – point 1.2 – paragraph 2 – point c: (c) where risk avoidance is not possible, risks shall be reduced, mitigated and addressed by warnings on the product, its packaging and in instructions for use, where such warnings are not already required by other applicable Union legal acts;

RemovedAnnex I – Part C – point 2 – paragraph 2: Environment relates to the extraction and manufacturing of the materials, the manufacturing of the product, the transport of materials and products, its maintenance, its potential to remain as long as possible within a circular economy and its end of life phase.

RemovedAnnex I – Part C – point 2 – point 2.1 – introductory part: 2.1. Products shall be designed, manufactured, and packaged in such a way that the following inherent product environmental aspects are addressed wherever possible without safety loss:

RemovedAnnex I – Part C – point 2 – point 2.1 – point a: (a) maximising durability and reliability of the product or its components as expressed through a product’s guaranteed lifetime, technical lifetime indication of real use information on the product, resistance to stress or ageing mechanisms in order to extend the lifetime of buildings and their use phase and in terms of the expected average life span, the expected minimum life span under worst but still realistic conditions, and in terms of the minimum life span requirements. Emissions from life-cycle extensions should be assessed and compared with demolition and reconstruction emissions through pre-demolition audits;

RemovedAnnex I – Part C – point 2 – point 2.1 – point c: (c) maximising reused, recycled renewable, and by-product content;

RemovedAnnex I – Part C – point 2 – point 2.1 – point d: (d) selection of safe, sustainable-by-design, and environmentally benign substances;

RemovedAnnex I – Part C – point 2 – point 2.1 – point f: (f) materials and resource efficiency, including maximising the use of renewable materials;

RemovedAnnex I – Part C – point 2 – point 2.1 – point f a (new): (fa) modularity;

RemovedAnnex I – Part C – point 2 – point 2.1 – point i: (i) ease of reparability during the expected life span;

RemovedAnnex I – Part C – point 2 – point 2.1 – point j: (j) ease of maintenance and refurbishment during the expected life span;

RemovedAnnex I – Part C – point 2 – point 2.1 – point l a (new): (la) sustainable sourcing, as demonstrated by due diligence statements and sustainable sourcing certification, where relevant;

RemovedAnnex I – Part C – point 2 – point 2.1 – point l b (new): (lb) minimising product-to-packaging ratio;

RemovedAnnex I – Part C – point 2 – point 2.1 – point l c (new): (lc) release of odours or substances with adverse effects on human health into indoor air;

RemovedAnnex I – Part C – point 2 – point 2.1 – point l d (new): (ld) microplastic release;

RemovedAnnex I – Part C – point 2 – point 2.1 – point l e (new): (le) amounts of waste generated, notably hasardous waste and waste without an identified recycling treatment;

RemovedAnnex I – Part C – point 2 – point 2.1 – point l f (new): (lf) absence of waste that could be otherwise reused or recycled treated to final disposal, including incineration with recovery of energy, or backfilled.

RemovedAnnex I – Part C – point 2 – point 2.2 – paragraph 1: Delegated acts adopted in accordance with Article 5(2) shall, as appropriate, specify these inherent product environmental requirements for product families or categories, which might relate to but are in essence independent from the phase of the installation of the product into construction works.

RemovedAnnex I – Part C – point 2 – point 2.2 – paragraph 2 – introductory part: When specifying the inherent product environmental requirements, delegated acts shall at least cover the following elements:

RemovedAnnex I – Part C – point 2 – point 2.2 – paragraph 2 – point a: (a) define environmental aspects with regard to the respective product category, which shall at least include whole life cycle greenhouse gas emissions, resource efficiency, including the minimum recycled content, and reusability;

RemovedAnnex I – Part C – point 2 – point 2.2 – paragraph 2 – point c: (c) where avoidance is not possible, negative effects and risks derived from any type of the product’s performance shall be reduced, mitigated and addressed by warnings on the product, its packaging and in instructions for use.

RemovedAnnex I – Part C – point 2 – point 2.2 – paragraph 3: Delegated acts adopted in accordance with Article 5(2) shall, where applicable, determine mandatory threshold levels and classes of performance for particular product families and categories in relation to the inherent product environmental requirements referred to in paragraph 2.

RemovedAnnex I – Part D – title: PART C3: Product information requirements

RemovedAnnex I – Part D – point 1 – introductory part: 1. Products shall be accompanied by the following information, where appropriate:

RemovedAnnex I – Part D – point 1 – point 1.3 – introductory part: 1.3. Transport, installation, maintenance, deconstruction, deinstallation and demolition rules, where applicable:

RemovedAnnex I – Part D – point 1 – point 1.3 – point a – introductory part: (a) Safety during transport, installation, deinstallation, maintenance, deconstruction and demolition:

RemovedAnnex I – Part D – point 1 – point 1.3 – point c – point ii: (ii) the type and frequency of inspections and maintenance required for safety and durability reasons and, where appropriate, the parts subject to wear and the criteria for replacement;

RemovedAnnex I – Part D – point 1 – point 1.6 – paragraph 1 a (new): Where available, information on the performance of the product as measured in terms of its inherent product environmental requirements.

RemovedAnnex II – point 2 – point a: (a) the manufacturer’s products registration(s) in EU databases and to his own product presentation website;

RemovedAnnex II – point 3 – point h: (h) social media contact details, where available;

RemovedAnnex II – point 4 – point h: (h) social media contact details, where available;

RemovedAnnex II – point 5 – point h: (h) social media contact details, where available.

RemovedAnnex II – point 6 – point h: (h) social media contact details, where available.

RemovedAnnex II – point 11 – point a: (a) the list of essential characteristics, as determined in the harmonised technical specification or European Assessment Document for the respective product category for which a performance is declared. When no performance is declared for one essential characteristic, its name can still be listed and the place where the performance could be given remains empty.

RemovedAnnex III – title: Procedure concerning a European Technical Assessment

RemovedAnnex III – point 1 – point c: (c) In the absence of a request for a European Technical Assessment, when the Commission initiates the development of a European Assessment Document, it shall deliver to the organisation of TABs a technical file describing the product, its use and details of the factory production control to become applicable. The TAB responsible for developing the EAD shall be nominated by the organisation of TABs.

RemovedAnnex III – point 1 – point c a (new): (ca) In the absence of a request for a European Technical Assessment, the organisation of TABs may initiate the development of a European Assessment Document. In this case, it shall deliver to the working group responsible for the development of the EAD a technical file describing the product, its use and the details of the factory production control which will be applicable. The TAB responsible for chairing the working group for developing the EAD shall be nominated by the organisation of TABs.

RemovedAnnex III – point 3: deleted / (deleted)

RemovedAnnex III – point 4: deleted / (deleted)

RemovedAnnex III – point 5: deleted / (deleted)

RemovedAnnex III – point 6: deleted / (deleted)

RemovedAnnex III – point 7: deleted / (deleted) / (deleted)

RemovedAnnex III – point 8: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

RemovedAnnex III – point 9: deleted / (deleted)

RemovedAnnex III a (new): Annex III a / Procedure for adopting a European Assessment Document / 1. Work programme / In the cases foreseen by points 1(a) and 1(b) of Annex III, after agreement with the manufacturer and the Group respectively, the organisation of TABs shall inform the Commission of the work programme for drawing up the European Assessment Document and the schedule for its execution, indicating the assessment programme. This communication shall take place within three months of receipt of the request for a European Technical Assessment by a TAB, which shall initiate the procedure as laid down in points 1(a) and 1(b) of Annex III. / In the case provided for by point 1(c) of Annex III, the organisation of TABs shall submit to the Commission the work programme for drawing up the European Assessment Document with the same content and within the same deadline as indicated in the previous subparagraph. The Commission shall then communicate to the organisation of TABs within 30 working days its observations on the work programme. The responsible TAB or the organisation of TABs, respectively, after having been given the opportunity to comment, shall amend the work programme accordingly. / In the case foreseen in point 1(d) of Annex III, the organisation of TABs shall inform the Commission of the work programme for drawing up the European Assessment Document and the schedule for its execution, indicating the assessment programme. / 2. The draft European Assessment Document / The organisation of T…

RemovedAnnex V – paragraph 1: The manufacturer shall correctly determine the product type pursuant to Article 3, point 31, and the corresponding product category on the basis of the applicable harmonised technical specification. Where a notified body is involved in assessment and verification, the notified body shall verify these determinations.

RemovedAnnex V – point 1 – point b – introductory part: (b) The notified body shall issue the certificate of constancy of performance and of conformity on the basis of:

RemovedAnnex V – point 1 – point b – point ii: (ii) an assessment of the performance of the product on the basis of type testing (including sampling of the item(s) to be taken as representative of the type), type calculation or tabulated values or documentation describing the product and, in all these cases, review of the documentation of the product;

RemovedAnnex V – point 1 – point c: (c) The notified body shall provide continuous surveillance, assessment and evaluation of factory production control.

RemovedAnnex V – point 2 – point b – introductory part: (b) The notified body shall issue the certificate of constancy of performance and of conformity on the basis of:

RemovedAnnex V – point 2 – point c: (c) The notified body shall provide continuous surveillance, assessment and evaluation of factory production control.

RemovedAnnex V – point 3 – point c: (c) The notified body shall provide continuous surveillance, assessment and evaluation of factory production control.

RemovedAnnex V – point 5 – point a – point i: deleted

RemovedAnnex V – point 5 – point b – point i: (i) an assessment of the performance on the basis of testing performed by a notified testing laboratory (based on sampling carried out by the manufacturer), calculation, tabulated values or descriptive documentation of the construction product;

RemovedAnnex V – point 5 – point b – point ii: (ii) confirmation of the correct determination of the product type and of the product category.

RemovedAnnex V – point 7 – point a – introductory part: (a) In the case of systems 1+, 1 and 2+, inspection of the manufacturing plant shall cover the entire technical part of the plant, at least with regard to the following element, which shall ensure a continuous orderly manufacturing process:

RemovedAnnex V – point 7 – point a – point i: (i) the factory production control specifying the measures and frequencies foreseen to ensure constancy of performance, including the critical to performance parameters;

RemovedAnnex V – point 7 – point a – point ii: deleted

RemovedAnnex V – point 7 – point a – point iii: deleted

RemovedAnnex V – point 7 – point b: (b) Factory production control shall cover the process from receipt of the raw materials and components to the dispatch of the product once the production has started (‘gate to gate’ approach) and include as a minimum the critical to performance parameters. In the case of systems 1+, 1 and 2+, the notified body shall assess whether this process is designed and optimised in view of the goal that the products conform with the product type and therefore reach the performances declared in the declaration of performance and are compliant with the requirements set out in or under this Regulation.

RemovedAnnex V – point 7 – point d: (d) In the case of system 3+, verification shall consist of the verification of all calculations and input data. In that context, the notified body shall verify whether the applicable rules on modelling and calculation laid down in the applicable harmonised technical specification or methodology provided by the Commission are followed and whether the calculation model and input data reflect the production process. In case a verified IT tool or one provided by the Commission is used, the verification shall focus on the correct use of the tool. Where secondary data is used, the notified body shall check whether the correct data sets, prescribed by applicable product specific calculation rules contained in the applicable harmonised technical specification or the methodology provided by the Commission, are used. Where company-specific data is used, the reliability of that data shall be verified. To that end, the notified body may undertake an audit of the manufacturing plant to which the data refer, and shall examine documentation to verify the reliability of the data.

RemovedAnnex V – point 7 – point f: (f) Where, in the case of system 1+, 1 , 2+ or 3+, there is evidence that the manufacturer has not performed his task properly or the product performances do not comply with the declared performances, the notified body shall refuse issuing a certificate for at least one year or withdraw the certificate whilst permitting issuing a new one only after the deficiencies have been remedied.