Changes from adopted text to adopted text

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: