Changes from adopted text to adopted text

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;