Activities of Zita PLEŠTINSKÁ related to 2008/0098(COD)
Plenary speeches (1)
Harmonised conditions for the marketing of construction products (debate)
Amendments (38)
Amendment 49 #
Proposal for a regulation
Recital 6
Recital 6
Amendment 58 #
Proposal for a regulation
Recital 16
Recital 16
(16) In order to allow manufacturers and importers of construction products to draw up a declaration of performance for construction products which are not fully covered or not covered by a harmonised standard it is necessary to provide for a European Technical Assessment.
Amendment 73 #
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43a) The Commission and the Member States should, in collaboration with stakeholders, launch information campaigns to inform the construction sector, particularly economic operators and users, regarding the establishment of a common technical language, the distribution of responsibilities between the individual economic operators, the affixing of the CE marking to construction products, the revision of the basic works requirements and of the systems of assessment and verification of constancy of performance.
Amendment 74 #
Proposal for a regulation
Recital 43 b (new)
Recital 43 b (new)
(43b) The Commission should within one year after the entry into force of this Regulation submit to the European Parliament and the Council a proposal for the revision of the European standardisation system to increase the transparency of the system as a whole, above all to ensure balanced participation of stakeholders in the technical committees of European standardisation bodies and to prevent conflicts of interest among them. At the same time measures should be taken to speed up the adoption of European standards, as well as their translation into all official languages of the European Union, and especially the translation of guidelines for small and medium-sized enterprises.
Amendment 80 #
Proposal for a regulation
Article 1
Article 1
This Regulation lays down conditions for the marketing of construction products by establishing rules on how to express the performance of construction products in relation to their essential characteristics and on the use of CE marking on those products.
Amendment 90 #
Proposal for a regulation
Article 2 – point 4 a (new)
Article 2 – point 4 a (new)
4a. "European Technical Assessment" means the assessment reserved for construction products not covered by harmonised standards;
Amendment 91 #
Proposal for a regulation
Article 2 – point 4 b (new)
Article 2 – point 4 b (new)
4b. "Specific Technical Documentation" means the documentation which is used for simplified procedures, as set out in Annex Va;
Amendment 98 #
Proposal for a regulation
Article 2 – point 7
Article 2 – point 7
7. "manufacturer" means any natural or legal person who manufactures a construction product or who has such a product manufactured, and markets that product under his name or trademark;
Amendment 99 #
Proposal for a regulation
Article 2 – point 11 a (new)
Article 2 – point 11 a (new)
11a. "user" means any natural or legal person responsible for the safe incorporation of a construction product into construction works;
Amendment 106 #
Proposal for a regulation
Article 2 – point 18
Article 2 – point 18
18. "factory production control” means the permanent internal control of the production in a factoryproduction carried out by the manufacturer, which ensures that the production of the construction product and the product produced are in conformity with the technical specifications;
Amendment 137 #
Proposal for a regulation
Article 5 - paragraph 2 - point b a (new)
Article 5 - paragraph 2 - point b a (new)
(ba) information about dangerous substances in the construction product, as referred to in Annex IIIa;
Amendment 141 #
Proposal for a regulation
Article 5 - paragraph 2 - point c
Article 5 - paragraph 2 - point c
c) the reference number and title of the harmonised standard, the European Assessment Document or the Specific Technical Documentation, which has been used for the assessment of each essential characteristic.;
Amendment 145 #
Proposal for a regulation
Article 5 - paragraph 2 - point c a (new)
Article 5 - paragraph 2 - point c a (new)
(ca) the generic intended use of the product as laid down in the technical specification. Or.
Amendment 147 #
Proposal for a regulation
Article 5 - paragraph 2 - point c a (new)
Article 5 - paragraph 2 - point c a (new)
(ca) details of hazardous substances which are required to be declared pursuant to other Community harmonisation rules. Such details shall be determined in accordance with the procedure under Article 51(2);
Amendment 159 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The copy of the declaration of performance may be supplied by electronic means only with the express agreement of the recipientuser.
Amendment 177 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The CE marking shall be followed by the two last digits of the year in which it was affixed, the name or the identifying mark of the producer, the unique identification code of the construction product and, the number of the declaration of performance. , the title of the technical specification referred to in the declaration of performance and the generic intended use specified there.
Amendment 196 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
Amendment 200 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 212 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Where classes of performance in relation to the essential characteristics of construction products are not established by the Commission, they may be established by the European standardisation bodies in harmonised standards and they may be established by the Technical Assessment Bodies in European Assessment Documents. Where the Commission has established classes of performance in relation to the essential characteristics of construction products, the European standardisation bodies shall use those classes in harmonised standards. and the Technical Assessment Bodies shall use those classes in European Assessment Documents.
Amendment 218 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Assessment and verification of constancy of the declared performance of construction products in relation to their essential characteristics shall be carried out in accordance with one of the systems set out in Annex V.
Amendment 220 #
Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 2
Article 19 – paragraph 2 – subparagraph 2
In each case, the Commission shall choose the least onerous system consistent with safetythe safe incorporation of the construction product into construction works.
Amendment 231 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The European Technical Assessment (ETA) shall be issued by a Technical Assessment Body, for any construction product which is not covered by a harmonised standard, at the request of a manufacturer or importer on the basis of a EAD in accordance with the procedure set out in Annex II.
Amendment 235 #
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1
Article 22 – paragraph 1 – subparagraph 1
Amendment 250 #
Proposal for a regulation
Article 26 – paragraph 1 - subparagraph 1 – point b a (new)
Article 26 – paragraph 1 - subparagraph 1 – point b a (new)
(ba) the manufacturer may use the test results obtained by another manufacturer only after having obtained the authorisation of that manufacturer, who remains responsible for the accuracy, reliability and stability of those test results;
Amendment 252 #
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 1 – point c a (new)
Article 26 – paragraph 1 – subparagraph 1 – point c a (new)
(ca) the manufacturer may use the test results obtained by another manufacturer or the system provider only after having obtained the authorisation of that manufacturer or system provider. The manufacturer remains responsible for the product being in compliance with all declared performance in accordance with the relevant harmonised technical specification. The manufacturer shall ensure that the performance of the product is not adversely affected at a later stage of the manufacturing and assembly process.
Amendment 254 #
Proposal for a regulation
Article 26 – paragraph 1 - subparagraph 2
Article 26 – paragraph 1 - subparagraph 2
Amendment 270 #
Proposal for a regulation
Article 27 - paragraph 2 a (new)
Article 27 - paragraph 2 a (new)
2a. The Commission shall, by 5 years after the entry into force of this Regulation, draw up a report on the implementation of this Article considering inter alia whether its application could be extended to other undertakings or whether to repeal it. The Commission shall submit this report to the European Parliament and the Council together with legislative proposals as appropriate.
Amendment 277 #
Proposal for a regulation
Article 51 - paragraph 1
Article 51 - paragraph 1
Amendment 285 #
Proposal for a regulation
Annex I - point 7
Annex I - point 7
The construction works must be designed, built and demolished in such a way that the use of natural resources is sustainable and ensure the following: a) recyclability of the construction works, their materials and parts after demolition. b) durability of the construction works. c) use of environmentally compatible raw and secondary materials in the construction works.
Amendment 290 #
Proposal for a regulation
Annex II - point 2
Annex II - point 2
2. The issuance of a European Assessment shall be carried out in accordance with points 2.1. to 2.4. The elaboration and the adoption of a European Assessment Document shall be carried out in accordance with points 2.1. to5., 2.6., 2.7. and 2.9.
Amendment 291 #
Proposal for a regulation
Annex II - point 2 a (new)
Annex II - point 2 a (new)
2a. In agreement with the Technical Assessment Bodies of the selected destination market the relevant Technical Assessment Body shall carry out the assessment in accordance with the provisions of the second contract and the draft work programme, shall issue the relevant European Technical Assessment and shall forward it to the Commission and all other TABs appointed for the same product areas pursuant to Annex IV Table 1.
Amendment 294 #
Proposal for a regulation
Annex III a (new)
Annex III a (new)
Annex IIIa Hazardous substances to be declared in the performance declaration 1. Substances of very high concern a) Substances on the candidate list of REACH (Regulation (EC) No 1907/2006) b) Substances that are persistent, bio accumulative or toxic (PBT) according to REACH (Regulation (EC) No 1907/2006) c) Substances that are very persistent or very bio accumulative (vPvB) according to REACH (Regulation (EC) No 1907/2006) d) Substances that are carcinogenic, mutagenic and toxic to reproduction in category 1 or 2 according to Directive 1967/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances 2. Substances with certain classifications Substances that fulfil the criteria for classification according to Council Directive 1967/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances, in the following categories: a) Carcinogenic, mutagenic and toxic to reproduction in category 3 b) Substances with chronic toxicity (R48) c) Environmentally hazardous substances with possible long term effect (R50-53) d) Ozone depleting substances (R59) e) Substances which may cause sensitization by inhalation (R42) f) Substances which may cause sensitization by skin contact (R43) 3. Priority Hazardous Substances Priority hazardous substances as listed in Annex X to Directive 2000/60/EC establishing a framework for Community action in the field of water policy (Water Framework Directive)
Amendment 302 #
Proposal for a regulation
Annex V - point 1 - point 1.1. - introductory part
Annex V - point 1 - point 1.1. - introductory part
1.1. System 1I - Declaration of the performance for the essential characteristics of the product by the manufacturer on the basis of following items:
Amendment 303 #
Proposal for a regulation
Annex V - point 1 - point 1.2. - introductory part
Annex V - point 1 - point 1.2. - introductory part
1.2. System 2II - Declaration of the performance for the essential characteristics of the product by the manufacturer on the basis of following items:
Amendment 304 #
Proposal for a regulation
Annex V - point 1 - point 1.3. - introductory part
Annex V - point 1 - point 1.3. - introductory part
1.3. System 3III - Declaration of the performance for the essential characteristics of the product by the manufacturer on the basis of following items:
Amendment 305 #
Proposal for a regulation
Annex V - point 1 - point 1.4. - introductory part
Annex V - point 1 - point 1.4. - introductory part
1.4. System 4IV - Declaration of the performance for the essential characteristics of the product by the manufacturer on the basis of following items:
Amendment 306 #
Proposal for a regulation
Annex V - point 1 - point 1.5. - introductory part
Annex V - point 1 - point 1.5. - introductory part
1.5. System 5V - Declaration of the performance for the essential characteristics of the product by the manufacturer on the basis of following items:
Amendment 307 #
Proposal for a regulation
Annex V a (new)
Annex V a (new)