70 Amendments of Christian DOLESCHAL related to 2022/0094(COD)
Amendment 93 #
Proposal for a regulation
Recital 19
Recital 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 specific national situation. differences in climate, geology and geography and other different conditions prevailing in the Member States.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.
Amendment 109 #
Proposal for a regulation
Recital 47
Recital 47
Amendment 112 #
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Regulation establishes harmonised rules for the 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 113 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) harmonised rules on how to express the environmental, including climate, and safety performance of construction products in relation to their essential characteristics;
Amendment 116 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) environmental, including climate, functional and safety product requirements for construction products.
Amendment 119 #
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 121 #
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Article 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 Point 1 or the environmental characteristics which have been listed in Annex I Part A Point 2;
Amendment 132 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The basic requirements for construction works, set out in Annex I Part A Point 1 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. The identified essential characteristics, 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.
Amendment 135 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
The essential characteristics specidentified in accordance with paragraph 1 or the essential environmental characteristics listed in Annex I Part A Point 2 and the methods for their assessment shall be laid down in standards which are rendered mandatory for purposes of application of this Regulation. The essential characteristics of products shall be identified in view of the basic requirements for construction works, taking account of the regulatory needs of Member States.
Amendment 136 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
The Commission mayshall 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 request 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. These standardisation requests shall be issued in accordance with the working plan established in accordance with Article 93a.
Amendment 138 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 3
Article 4 – paragraph 2 – subparagraph 3
Amendment 140 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 4
Article 4 – paragraph 2 – subparagraph 4
Amendment 142 #
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. By way of derogation from paragraph 2 and in order to cover the regulatory needs of Member States and to pursue the goals of Article 114 of the Treaty on the Functioning of the European Union, the Commission is empowered to supplement this Regulation by means of delegated acts in accordance with Article 87While priority shall be given to the elaboration of standards the Commission is empowered to supplement this Regulation by means of delegated acts in accordance with Article 87 and after consultation of the relevant European standardisation organisations and European stakeholder organisations receiving Union financing under Regulation (EU) No 1025/2012, by establishing, for particular product families and categories, voluntary or mandatory essential characteristics and their assessment methods in any of the following cases:
Amendment 144 #
Proposal for a regulation
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
(a) there are undue 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 inree years after having received the standardisation request;
Amendment 146 #
Proposal for a regulation
Article 4 – paragraph 3 – point a a (new)
Article 4 – paragraph 3 – point a a (new)
(a a) the standardisation request has not been accepted by any of the European standardisation organisations;
Amendment 147 #
Proposal for a regulation
Article 4 – paragraph 3 – point d
Article 4 – paragraph 3 – point d
Amendment 148 #
Proposal for a regulation
Article 4 – paragraph 3 – point e
Article 4 – paragraph 3 – point e
Amendment 149 #
Proposal for a regulation
Article 4 – paragraph 3 – point f
Article 4 – paragraph 3 – point f
(f) references to standards referred to in the first subparagraph of Article 4(2)there is a need to adapt the standards which have been established by European standardisation organisations but which cannot be published in the Oofficial Jjournal for the reasons set out in Article 34(4) or other legal reasons;
Amendment 154 #
Proposal for a regulation
Article 4 – paragraph 4 – introductory part
Article 4 – paragraph 4 – introductory part
4. IWhile priority shall be given to the elaboration of standards in order to cover the regulatory needs of Member States and to pursue the environmental, safety and harmonisation goals of Article 114 of the Treaty on the Functioning of the European Union, the Commission is empowered to supplement this Regulation, by means of delegated acts in accordance with Article 87, after consultation of the relevant European standardisation organisations and European stakeholder organisations receiving Union financing under Regulation (EU) No 1025/201 by determining, for particular product families and categories, the following:
Amendment 159 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 184 #
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – introductory part
Article 22 – paragraph 2 – subparagraph 1 – introductory part
Unless product safety or the safety of construction works or their performance is thereby negatively impacted, the manufacturer shas the following obligationsll if technically possible and economically reasonable and feasible:
Amendment 188 #
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – point a – introductory part
Article 22 – paragraph 2 – subparagraph 1 – point a – introductory part
(a) design and manufacture products and their packaging in such a way that their overall environmental, including climate sustainability reaches the state of the art level, unless a lower level:
Amendment 192 #
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – point a – point i
Article 22 – paragraph 2 – subparagraph 1 – point a – point i
(i) is proportionate when compared to the environmental sustainability improvement triggered by them at the level of the construction works; andor
Amendment 193 #
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – point a – point ii
Article 22 – paragraph 2 – subparagraph 1 – point a – point ii
(ii) is either necessary to improve the environmental sustainability at the level of the construction works.
Amendment 198 #
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – point b
Article 22 – paragraph 2 – subparagraph 1 – point b
(b) under the conditions set out in point (a)(i) and (ii) give preference to recyclable materials and materials gained from recycling or otherwise unused by- products;
Amendment 206 #
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – point f
Article 22 – paragraph 2 – subparagraph 1 – point f
(f) make available, in product databases, instructions for use and on permalinks or QR-Codes of their own websites, information on how to repair the products and any additional information necessary for repairing, including relevant warnings;
Amendment 209 #
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – point g
Article 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 reasonably short delivery time, spare or equivalent 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;
Amendment 213 #
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – point j
Article 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 for the first time.
Amendment 221 #
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
Amendment 224 #
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
Amendment 239 #
Proposal for a regulation
Article 83 – paragraph 1 – subparagraph 1
Article 83 – paragraph 1 – subparagraph 1
Where Member States provide incentives for a product category covered by a delegated act establishing performance classes in accordance with Article 4(4), point (a) or a “traffic-light-labelling” in accordance with Article 22(5), those incentives shall aim at the highest two populated classes / colour codes, or at higher classes / better colour codes.
Amendment 241 #
Proposal for a regulation
Article 83 – paragraph 1 – subparagraph 2
Article 83 – paragraph 1 – subparagraph 2
Where a delegated act defines 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.
Amendment 242 #
Proposal for a regulation
Article 83 – paragraph 1 a (new)
Article 83 – paragraph 1 a (new)
1 a. Member States may also provide incentives for the promotion of environmentally friendly construction products.
Amendment 243 #
Proposal for a regulation
Article 83 – paragraph 2
Article 83 – paragraph 2
Amendment 252 #
Proposal for a regulation
Article 84 – paragraph 1
Article 84 – paragraph 1
1. The Commission is empowered to supplement this Regulation by delegated acts according to Article 87 by establishing sustainability requirements applicable to public contracts, including implementation, monitoring and reporting of those requirements by Member Statethat may be applied by Member States to public contracts.
Amendment 255 #
Proposal for a regulation
Article 84 – paragraph 2
Article 84 – paragraph 2
2. Requirements adopted pursuant to paragraph 1 for public 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 mandatovoluntary technical specifications, selection criteria, award criteria, contract performance clauses, or targets, as appropriate.
Amendment 258 #
Proposal for a regulation
Article 84 – paragraph 3 – introductory part
Article 84 – paragraph 3 – introductory part
3. When establishing requirements pursuant to paragraph 1 for public contracts, the Commission shallmay take into account the following criteria:
Amendment 268 #
Proposal for a regulation
Article 91 – paragraph 1
Article 91 – paragraph 1
No sooner than 84 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 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.
Amendment 289 #
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – introductory part
Annex I – Part A – point 2 – paragraph 2 – introductory part
Harmonised technical specifications shall tocover the extent possible coverssential characteristics "environmental sustainability" which comprises the following essnvironmential characteristics related to life cycle assessmentimpact indicators:
Amendment 292 #
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point a
Annex I – Part A – point 2 – paragraph 2 – point a
(a) climate change effects Global Warming Potential total (GWP—total) (mandatory);
Amendment 295 #
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point a a (new)
Annex I – Part A – point 2 – paragraph 2 – point a a (new)
(a a) Global Warming Potential fossil fuels (GWP—fossil) (mandatory);
Amendment 297 #
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point a b (new)
Annex I – Part A – point 2 – paragraph 2 – point a b (new)
(a b) Global Warming Potential biogenic (GWP—biogenic) (mandatory);
Amendment 297 #
Proposal for a regulation
Recital 7
Recital 7
(7) Pursuing the environmental goals, including the fight against climate change, makes it necessary to establish new environmental obligations and to lay the ground for the development and the application of an assessment method for the calculation of the environmental sustainability of construction products based on EN 15804 and widely used Environmental Product Declarations (EPDs) by construction product manufacturers. This is essential to ensure the correct calculation of the environmental impact at the building level according to EN 15978. 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 300 #
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point a c (new)
Annex I – Part A – point 2 – paragraph 2 – point a c (new)
(a c) Global Warming Potential land use and land use change (GWP—luluc) (mandatory);
Amendment 301 #
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point b
Annex I – Part A – point 2 – paragraph 2 – point b
(b) ozone depletionDepletion potential of the stratospheric ozone layer [ODP) (mandatory);
Amendment 303 #
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point c
Annex I – Part A – point 2 – paragraph 2 – point c
(c) acidification potential, Accumulated Exceedance (AP) (mandatory);
Amendment 305 #
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point d
Annex I – Part A – point 2 – paragraph 2 – point d
(d) eEutrophication aquatic freshwaterpotential, fraction of nutrients reaching freshwater end compartment (EP-freshwater) (mandatory);
Amendment 307 #
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point e
Annex I – Part A – point 2 – paragraph 2 – point e
(e) eutrophication aquatic marinepotential, fraction of nutrients reaching marine end compartment (EP-marine)(mandatory);
Amendment 309 #
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point f
Annex I – Part A – point 2 – paragraph 2 – point f
(f) eutrophication terrestrialpotential, Accumulated Exceedance (EP - terrestrial) (mandatory);
Amendment 312 #
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point g
Annex I – Part A – point 2 – paragraph 2 – point g
(g) photocformation potential of troposphemrical ozone (POCP) (mandatory);
Amendment 314 #
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point h
Annex I – Part A – point 2 – paragraph 2 – point h
(h) abiotic depletion –potential for non- fossil resources (ADP minerals, & metals; ) (mandatory);
Amendment 316 #
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point i
Annex I – Part A – point 2 – paragraph 2 – point i
(i) abiotic depletion –for fossil fuelsresources potential (ADP-fossil) (mandatory);
Amendment 317 #
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point j
Annex I – Part A – point 2 – paragraph 2 – point j
(j) water (user) deprivation potential, deprivation-weighted water consumption (WDP) (mandatory);
Amendment 317 #
Proposal for a regulation
Recital 33
Recital 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 the 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 to perform via an app a conformity check 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.
Amendment 319 #
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point k
Annex I – Part A – point 2 – paragraph 2 – point k
Amendment 321 #
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point l
Annex I – Part A – point 2 – paragraph 2 – point l
Amendment 323 #
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point m
Annex I – Part A – point 2 – paragraph 2 – point m
Amendment 325 #
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point n
Annex I – Part A – point 2 – paragraph 2 – point n
Amendment 327 #
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point o
Annex I – Part A – point 2 – paragraph 2 – point o
Amendment 330 #
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – point p
Annex I – Part A – point 2 – paragraph 2 – point p
Amendment 332 #
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 3
Annex I – Part A – point 2 – paragraph 3
For the essential characteristic "environmental sustainability", all environmental impact indicators a) to m) must be declared as a whole. Harmonised technical specifications shall indicate that for the essential characteristic of climate change effects under point (a)"environmental sustainability" it is mandatory for the manufacturer to declare the performance of the product as set out in Articles 11(2) and 22(1).
Amendment 335 #
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 4
Annex I – Part A – point 2 – paragraph 4
Amendment 537 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4 a. When Member States communicate their regulatory needs as regards essential characteristics to the Commission, the Commission shall integrate them in the standardisation request within 12 months. The Commission shall provide a justification in case they refuse to integrate them.
Amendment 591 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
Where conflicts arise between this Regulation and Regulation (EU) 2019/1020, Regulation (EU) No 1025/2012 and Regulation (EU) [XXX] (Ecodesign for Sustainable ProductsRegulation), this Regulation shall prevail.
Amendment 606 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The informationSafety data sheets referred to in Article 31 or, as the case may be,f Regulation (EC) No 1907/2006 of the European Parliament and of the Council45 shall be provided together with the declaration of performance when the construction product is supplied to an industrial or professional user. The information referred to in Article 33 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council45 shall be provided together with the declaration of performance. _________________ 45 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1.).
Amendment 623 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
Amendment 657 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
Markings other than the CE marking, including private ones, may be affixed on a product only if they do not cover or refer to harmonised technical specifications or to product requirements or essential characteristics or assessment methods included in the harmonised zoneonly signify conformity of the product with the declared performance and/or with the product requirements set out in this regulation and if these are not de jure or de facto mandatory for marketing or using a product.
Amendment 805 #
Proposal for a regulation
Article 84
Article 84
Amendment 845 #
Proposal for a regulation
Article 92 – paragraph 1
Article 92 – paragraph 1
Regulation (EU) 305/2011 is repealed with effect from 1 January 2045[the date of entry into force of this Regulation], with the exception of Articles 2-9, 11, 27 and 28, which are repealed with effect from [10 years after the date of entry into force of this Regulation]. The articles listed in the first subparagraph will only be applicable to European assessment documents and harmonised standards cited in accordance with Regulation (EU) 305/2011 and not withdrawn afterwards.
Amendment 852 #
Proposal for a regulation
Article 93 – paragraph 4
Article 93 – paragraph 4
4. European assessment documents issued before [1 year after entry into force] remain valid until [39 years after entry into force], unless they have expired for other reasons. European assessment documents issued until [1 year after 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.