25 Amendments of Martin HOJSÍK related to 2022/0094(COD)
Amendment 100 #
Proposal for a regulation
Recital 28
Recital 28
(28) In particular, 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]. This should be the case for instance for 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.
Amendment 106 #
Proposal for a regulation
Recital 45 a (new)
Recital 45 a (new)
(45 a) The construction products should be due to their climate and environmental impacts subject to equal level of stringency as other products covered by the [Ecodesign for Sustainable Products Regulation]. It is therefore needed to align the CPR with the obligations and requirements set for other products under the [Ecodesign for Sustainable Products].
Amendment 152 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3 a. The Commission shall adopt delegated acts in accordance with Article 87 to supplement this Regulation, through a defined timeline, by establishing the essential characteristics listed in Annex I Part A Point 1(8) and Point 2, including mandatory threshold levels or classes of performance and the methods for their assessment in accordance with the life cycle assessment method to quantify the environmental impacts of products established by Recommendation (EU) 2021/2279 or, once available, building on the method chosen under Regulation (EU) [Ecodesign for Sustainable products Regulation].
Amendment 161 #
Proposal for a regulation
Article 5 – title
Article 5 – title
Product and information requirements
Amendment 166 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a Prioritisation and planning 1. When prioritising products for requirements under this Regulation, the Commission shall take into account their potential contribution to achieving Union climate and environmental objectives. The Commission shall adopt by six months after entry into force of the Regulation and regularly update a working plan, covering a period of at least 3 years, setting out a list of product families or categories it intends to establish obligations in accordance with this Regulation. In the development of the working plan, the Commission shall consult the Member States, the European Parliament and stakeholders, including civil society. The working plan shall identify and prioritise environmental hotspots per product family or category. 2. The first working plan shall, at the minimum, include the following product families: - M128 Concrete, mortar and grout - M115 Reinforcing steel - M120 Structural metallic products - M103 thermal insulating products 3. By 42 months after entry into force of the Regulation, the Commission shall for the products families referred to in the second paragraph, where appropriate, adopt delegated acts in accordance with Article 4(3a) and (4) and Article 22(4).
Amendment 168 #
Proposal for a regulation
Article 5 b (new)
Article 5 b (new)
Article 5 b Alignment with the [Ecodesign for Sustainable Products Regulation] The Commission shall 48 months after the entry into force of this Regulation perform a study to assess the alignment of the revised Construction Products Regulation with the [Ecodesign for Sustainable Products Regulation]. The assessment shall include following criteria: a) The working plan has been established according to article 5(a). b) The timeline pursued is comparable. c) Relevant performance requirements have been developed for the top three products identified by the working plan established by article 5(a). In case the assessment is negative, the [Ecodesign for Sustainable Products Regulation] shall apply directly.
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 181 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. For the product characteristics specified in Annex I Part A Point 2, the manufacturer shall assess the environmental characteristics of the product in accordance with harmonised technical specifications or with Commission acts adopted under this Regulationusing the assessment method specified in delegated acts adopted in accordance with Article 4(3a) and use, once available, the latest version of the software made freely available on the website of the European Commission. However, this shall not apply in case of used, remanufactured or surplus products, unless the economic operator, subject to the obligations of this Article by virtue of Article 26, opts for the application of this Regulation as for new products.
Amendment 191 #
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 performance, including climate sustainability and CO2 emissions reduction reaches the state of the art level, unless a lower level:
Amendment 194 #
Proposal for a regulation
Recital 28
Recital 28
(28) In particular, 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]. This should be the case for instance for 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.
Amendment 201 #
(45 a) The construction products should be due to their climate and environmental impacts subject to equal level of stringency as other products covered by the [Ecodesign for Sustainable Products Regulation]. It is therefore needed to align the CPR with the obligations and requirements set for other products under the [Ecodesign for Sustainable Products].
Amendment 202 #
Proposal for a regulation
Recital 45 b (new)
Recital 45 b (new)
(45 b) Considering that the climate and environmental impacts of certain construction products are more significant than others, prioritization of sustainability measures, both in terms of product requirements and harmonized specifications, should be clearly highlighted. Construction products, such as concrete, that are responsible for a large share of embodies emissions, should be tackled under this revision to help the decarbonisation of the construction sector and cleantech investments.
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 230 #
Proposal for a regulation
Article 78
Article 78
Amendment 236 #
Proposal for a regulation
Article 78 a (new)
Article 78 a (new)
Article 78 a Digital Product Passport 1. The mandatory information required for disclosure in the Declaration of Performance and in the Declaration of Conformity shall provide that products can only be placed on the market or put into service if a product passport is available in accordance with article 9 and 10 of Regulation EU [Ecodesign for Sustainable Products Regulation…]. 2. By 31 December 2026, the Commission shall, as appropriate, lay down the requirements related to the product passport for construction in delegated acts pursuant to article 87, to specify the following: a) The information to be included in the product passport pursuant to Annex III. b) The types of data carrier tobe used c) The layout in which the data carrier shall be presented and its positioning d) Whether the product passport is to correspond to the model, batch or item level e) the manner in which the product passport shall be made accessible to customers before they are bound by a sales contract, including in the case of distance selling. f) The actors that shall have access to information in the product passport and to what information they shall have access, including customers, end-users, manufacturers, importers and distributors, dealers, repairers, reuse businesses, recyclers, competent national authorities, public interest organization and the Commission, or any organization acting on their behalf. g) The actors that may introduce or update the information in the product passport, including where needed the creation of a new product passport, and what information they may introduce or update, including manufacturers, repairers, maintenance professionals, remanufacturers, recyclers, competent national authorities, and the Commission, or any organization acting on their behalf h) The period for which the product passport shall remain available 3. The requirements referred to in paragraph 2 shall: a) Ensure that actors along the value chain, in particular economic operators and competent national authorities, can access product information relevant to them. b) Facilitate the verification of product compliance by competent national authorities and Improve traceability of products along the value chain.
Amendment 274 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 3
Article 4 – paragraph 2 – subparagraph 3
The respective standardisation requests may also include a request that the European standardisation organisation determine Commission shall adopt delegated acts in accordance with Article 87 to supplement this Regulation, through a defined timeline, by establishing the standards referred to in the first subparagraph the voluntary oressential characteristics listed in Annex I Part A Point 1(8) and Point 2, including mandatory threshold levels andor classes of performance in relation to the essential characteristics and which of the and the methods for their assessmential characteristics may or shall be declared by manufacturers. In that case, the Commission shall lay down the basic principles and corner stones for the establishment in accordance with the life cycle assessment method to quantify the environmental impacts of products established by Recommendation (EU) 2021/2279 or, once available, building ofn the thresmethold levels, classes and mandatory characteristics in the standardisation requestchosen under Regulation [Ecodesign for Sustainable products Regulation].
Amendment 288 #
Proposal for a regulation
Article 5 – title
Article 5 – title
Product and information requirements
Amendment 297 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a Prioritisation and planning 1. When prioritising products for requirements under this Regulation, the Commission shall take into account their potential contribution to achieving Union climate and environmental objectives. The Commission shall adopt by six months after entry into force of the Regulation and regularly update a working plan, covering a period of at least 3 years, setting out a list of product families or categories it intends to establish obligations in accordance with this Regulation. In the development of the working plan, the Commission shall consult the Member States, the European Parliament and stakeholders, including civil society. The working plan shall identify and prioritise environmental hotspots per product family or category. 2. The first working plan shall, at the minimum, include the following product families: - M128 Concrete, mortar and grout; - M115 Reinforcing steel; - M120 Structural metallic products; - M103 thermal insulating products. 3. By 42 months after entry into force of the Regulation, the Commission shall for the products families referred to in the second paragraph, where appropriate, adopt delegated acts in accordance with Article 4(3a) and (4) and Article 22(4).
Amendment 298 #
Proposal for a regulation
Article 5 b (new)
Article 5 b (new)
Article 5 b Alignment with the [Ecodesign for Sustainable Products Regulation] The Commission shall within 48 months after the entry into force of this Regulation perform a study to assess the alignment of the revised Construction Products Regulation with the [Ecodesign for Sustainable Products Regulation]. The assessment shall include following criteria: (a) the working plan has been established according to Article 5(a); (b) the timeline pursued is comparable; (c) relevant performance requirements have been developed for the top three products identified by the working plan established by Article 5(a). In case the assessment is negative, the [Ecodesign for Sustainable Products Regulation] shall apply directly
Amendment 352 #
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 performance, including climate sustainability and CO2 emissions reduction reaches the state of the art level, unless a lower level:
Amendment 388 #
Proposal for a regulation
Article 78
Article 78
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 402 #
Proposal for a regulation
Article 78 a (new)
Article 78 a (new)