Activities of Iskra MIHAYLOVA related to 2022/0094(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products, amending Regulation (EU) 2019/1020 and repealing Regulation (EU) 305/2011
Amendments (23)
Amendment 168 #
Proposal for a regulation
Recital 4
Recital 4
(4) It is necessary to establish well- functioning information flows, including via electronic means, to ensure that coherent and transparent information about construction products performances, including environmental sustainability during their whole life cycle, is available along the supply chain. This is expected to increase transparency and to improve efficiency in terms of information transfer. Ensuring digital access to comprehensive information about construction products would contribute to the digitalisation of the construction sector altogether, making the framework fit for the digital age. Access to reliable and durable information would also mean that economic operators and other actors do not contribute to each other’s non-compliance.
Amendment 175 #
Proposal for a regulation
Recital 7
Recital 7
(7) Pursuing the environmental goals set in the European Green Deal and following the updated targets in the Fit for 55 legislative package and the REPowerEU, including the fight against climate change, makes it necessary to establish new environmental obligations and to lay the groufor incentivising the broader use of sustainable and reused construction products and for the development and the application of an assessment method for the calculation of the environmental sustainability of construction products. For the same reason, it is necessary to extend the range of regulated economic operators, since distributors, suppliers and manufacturers all have a role to play in the calculation of the environmental sustainability in the construction sector. That range should therefore be extended into two directions, downstream from the distributors to the economic operators preparing re-use and remanufacturing of construction products and upstream from the manufacturer over the suppliers of intermediate products and/or raw materials. Moreover, certain operators coming into play in the context of dismantling used products or other parts of construction works or remanufacturing and re-use thereof need to contribute to a safe second life of construction products.
Amendment 179 #
Proposal for a regulation
Recital 10
Recital 10
(10) In order to ensure safety and protection of the environment and to close a regulatory loophole that would otherwise exist, it is necessary to clarify that construction products manufactured on the construction site for immediate incorporation into the construction works are subject to the same rules as other construction producfully respecting safety and environmental legal protection requirements. Micro-enterprises, however, often individually manufacture and install products on site. Subjecting those micro- enterprises under all circumstances to the same rules as other enterprises would disproportionally affect those micro- enterprises. It is therefore necessary to enable Member States to exempt micro- enterprises from drawing up a declaration of performance in specific situations, where the interests of other Member States are not affected.
Amendment 207 #
Proposal for a regulation
Recital 58
Recital 58
(58) Digital technologies,More ambitious deployment of digital technologies by enhanced input of digitalisation of information and documentation which will provide a significant potential for reducing administrative burden and costs for economic operators, SMEs 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, energy storage and life-cycle assessments and monitoring and of the building stock. Accordingly, the Commission should be empowered to seize further opportunities of digitisation by implementing acts.
Amendment 215 #
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Regulation establishes harmonised rules for the placing of and making available on the market and direct installation of construction products, regardless of whether undertaken in the framework of a service or not, by establishing:
Amendment 224 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
This Regulation also establishes obligations incumbent on economic operators dealing with construction products or their components or with products that could be regarded as construction products whilst not being intended by their manufacturer to be construction products.
Amendment 228 #
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point c
Article 2 – paragraph 1 – subparagraph 1 – point c
Amendment 243 #
Proposal for a regulation
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
(b) boilers, pipes, tanks and ancillaries and other products intended to be in contact with water for human consumption;
Amendment 244 #
Proposal for a regulation
Article 2 – paragraph 3 – point c
Article 2 – paragraph 3 – point c
Amendment 245 #
Proposal for a regulation
Article 2 – paragraph 3 – point d
Article 2 – paragraph 3 – point d
Amendment 246 #
Proposal for a regulation
Article 2 – paragraph 3 – point e
Article 2 – paragraph 3 – point e
Amendment 248 #
Proposal for a regulation
Article 2 – paragraph 5
Article 2 – paragraph 5
5. Member States may exempt from the application of this Regulation construction products and items covered by this Regulation that are placed on the market or directly installed 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 or items do not bear the CE marking in accordance with Article 16. Construction products or items placed on the market or directly installed on the basis of such exemption shall not be deemed to be placed on the market or directly installed in the Union in the meaning of this Regulation.
Amendment 252 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘construction product’ means any formed or formless physical item, including its packaging and instructions for usephysical item, or a kit or assembly combining such items, that is placed on the market or producedsupplied to the construction site for incorporation in a permanent manner in construction works or parts thereof within the Union, with the exception of items that are necessarily first integrated into an assembly, kit or other construction product prior to being incorporated in a permanent manner in construction works;
Amendment 257 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘direct installation’ means the installation of a product into a construction work of a client without prior making available on the market or the installation of a one-family house covered by this Regulation, regardless whether in the framework of providing a service or not;
Amendment 260 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘product requirements’ means a threshold level or another characteristic with which a product has to comply before it can be placed on the market or installed directly, including those requirements relating to labelling and instructions for use or other information to be provided;
Amendment 290 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. All products covered by this Regulation shall, prior to their placing on the market or direct installation, satisfy the generic, directly applicable product requirements set out in Annex I Part D and the product requirements laid down in Annex I Part B and C as specified for the respective product family or category in accordance with paragraph 2. The product requirements laid down in Annex I Part B and C are only applicable where they have been specified in accordance with paragraph 2.
Amendment 339 #
Proposal for a regulation
Article 19 – paragraph 5 – subparagraph 1
Article 19 – paragraph 5 – subparagraph 1
An economic operator shall provide all the requested data into the database or system established in accordance with Article 78 within two months and six months for SMEs, after the availability of that database or system has been stated in a publication of the Official Journal and bear the fees of registration linked thereto. It shall at least bi-annually verify the correctness of the provided data.
Amendment 380 #
Proposal for a regulation
Article 65 – title
Article 65 – title
65 Use of simplified procedures by SMEs and micro-enterprises
Amendment 381 #
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – paragraph 1
1. MSMEs and micro-enterprises that are manufacturing products covered by a harmonised technical specification may treat products to which system 3 applies in accordance with provisions for system 4. When a manufacturer uses this simplified procedure, the manufacturer shall demonstrate compliance of the product with the applicable requirements by means of a Specific Technical Documentation.
Amendment 382 #
Proposal for a regulation
Article 65 – paragraph 2
Article 65 – paragraph 2
Amendment 390 #
Proposal for a regulation
Article 78 – title
Article 78 – title
EU construction products database or system
Amendment 392 #
Proposal for a regulation
Article 78 – paragraph 1
Article 78 – paragraph 1
1. The Commission is empowered to supplement this Regulation by means of delegated act according to Article 87, by setting up a Union construction products database or systemnd maintaining a centralised, free of charge and accessible for the general public Union construction products digital database that should be used for storing and exchanging all relevant information on a product by meeting the needs and demands of the construction industry, that builds to the extent possible on the Digital Product Passport established by Regulation (EU) ... [Regulation on ecodesign for sustainable products].
Amendment 404 #
Proposal for a regulation
Article 80 – paragraph 2 – subparagraph 2
Article 80 – paragraph 2 – subparagraph 2
The training events shall be open to the participation of the staff of the authorities designated under Article 25(1) of Regulation (EU) 2019/1020, the single liaison offices appointed under Article 10(3) of Regulation (EU) 2019/1020 and, where appropriate, of other authorities of the Member States and SMEs involved in the implementation or enforcement of this Regulation. The Commission may, by implementing decision adopted in accordance give access to third countries that apply voluntarily this Regulation or that have regulatory systems for construction products similar to this Regulation.