56 Amendments of Andreas SCHWAB related to 2008/0098(COD)
Amendment 51 #
Council position
Recital 8 a (new)
Recital 8 a (new)
(8a) The activities of contractors should not fall within the scope of this Regulation. The erection of construction works is a service and not the placing on the market of a product by a manufacturer. Construction activities may in specific cases include individually manufactured or custom-made parts of the construction work, which are then incorporated into the construction work by the contractor.
Amendment 52 #
Council position
Recital 15
Recital 15
(15) Threshold levels determined by the Commission pursuant to this Regulation should be generally recognised values for the essential characteristics of the construction product in question with regard to the provisions in Member Statesshould ensure a high level of protection within the meaning of Article 114 TFEU.
Amendment 53 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) For the assessment of the sustainable use of resources and of the impact of building works on the environment, Environmental Product Declarations (EPD) should be used.
Amendment 57 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) In order to secure a faster, simpler and less costly way for impacted manufacturers to correct a standard which is faulty in their view, those manufacturers shall have the right to point out to the Commission within a reasonable timeframe after publication of the European harmonised standard in the Official Journal of the European Union that a harmonised standard does not fully meet the requirements of the mandate, stating the reasons and suggesting the implementation of procedures by the Commission in accordance with Article 17(1). The Commission should decide on such requests within one month.
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 66 #
Council position
Recital 50 a (new)
Recital 50 a (new)
(50 a) Wherever possible, uniform European provisions should be laid down for establishing compliance with the basic requirements set out in Annex I.
Amendment 74 #
Council position
Article 4 – paragraph 1
Article 4 – paragraph 1
1. When a construction product is covered by a harmonised standard or a European Technical AssessAssessment Document has been issued for it, the manufacturer shall draw up a declaration of performance when such a product is placed on the market.
Amendment 76 #
Council position
Article 4 – paragraph 2
Article 4 – paragraph 2
2. When a construction product is covered by a harmonised standard or a European Technical AssessAssessment Document has been issued for it, information in any form about its performance in relation to the essential characteristics, as defined in the applicable harmonised technical specification, shall be provided only if included and specified in the declaration of performance.
Amendment 84 #
Council position
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
a) the construction product is individually manufactured or custom-made in a non- series process in response to a specific order, and installed in a single identified construction work, by a manufacturer who is responsible for the safe incorporation of the product into the construction works, in compliance with the applicable national rules and under the responsibility of those responsible for the safe execution of the construction works designated under the applicable national rules for a single identified construction work;
Amendment 85 #
Council position
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 88 #
Council position
Article 5 –point c
Article 5 –point c
(c) the construction product is manufactured in a traditional mannermanner appropriate to heritage conservation and in a non- industrial process for adequately renovating construction works officially protected as part of a designated environment or because of their special architectural or historic merit, in compliance with the applicable national rules.
Amendment 95 #
Council position
Article 6 – paragraph 3 – point c
Article 6 – paragraph 3 – point c
(c) the performance of at least one ofll the essential characteristics of the construction product, relevant for the declared intended use or uses;
Amendment 98 #
Council position
Article 6 – paragraph 3 – point d
Article 6 – paragraph 3 – point d
(d) where applicable, the performance of the construction product, by levels or classes, or in a description or based on a calculation, in relation to its essential characteristics determined in accordance with Article 3(3);
Amendment 102 #
Council position
Article 6 – paragraph 3 – point e
Article 6 – paragraph 3 – point e
(e) where applicable, the performance of the construction product, by levels or classes, or in a description, in relation to all essential characteristics for which there are provisions related to the declared intended use or uses where the manufacturer intends to place the construction product on the market;
Amendment 103 #
Council position
Article 6 – paragraph 3 – point f
Article 6 – paragraph 3 – point f
(f) for the listed essential characteristics for which no performance is declared, the letters "NPD" (No Performance Determined), if the harmonised specification provides for this option;
Amendment 106 #
Council position
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
1. A copy of tThe declaration of performance shall be supplied with each product which is made available on the markemust be available at all times in electronic form for each product which is made available on the market. The manufacturer shall supply the declaration of performance in hard copy only if the recipient requests it.
Amendment 108 #
Council position
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Amendment 109 #
Council position
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 111 #
Council position
Article 7 – paragraph 3
Article 7 – paragraph 3
3. By way of derogation from paragraphs 1 and 2, the contentpy of the declaration of performance may be made available on a web site in accordance with conditions to be established by the Commission by means of delegated acts in accordance with Article 60.
Amendment 112 #
Council position
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 119 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point a
Article 4 – paragraph 1 – subparagraph 1 – point a
a) the construction product is covered by a harmonised standard,or family of products is the subject orf a European Technical Assessment has been issued for that product;decision by the Commission on the system for assessing and verifying constancy of performance, and
Amendment 120 #
Council position
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The CE marking shall be followed by the two last digits of the year in which it was first affixed, the name or the identifying mark and the registered address of the manufacturer, the unique identification code of the product-type, the reference number of the declaration of performance, the level or class of the performance declaredregistered address of the manufacturer or the identifying mark, the unique identification code of the product-type, the reference to the harmonised technical specification applied, the identification number of the notified body, if applicable, and the mintended use asimum technical information laid down in the harmonised technical specification, appliedllowing clear identification of the product and its intended use.
Amendment 123 #
Proposal for a regulation
Article 4 – paragraph 1 - subparagraph 1 – point b
Article 4 – paragraph 1 - subparagraph 1 – point b
b) the requirements in relation to essential characteristics of that product or in relation to the basic works requirements set out in Annex I exist where the manufacturer or importer intends to place the product on the market.
Amendment 132 #
Council position
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1a. Where European Assessment Documents already exist, the organisation of TABs pursuant to Article 31(1) shall have the following purposes: (a) updating in accordance with the state of the art at appropriate intervals; (b) combining the European Assessment Documents which have been produced for individual products into a new European Assessment Document covering a whole product family.
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 #
Council position
Article 36 – paragraph 1 – point c
Article 36 – paragraph 1 – point c
(c) the construction product, covered by a harmonised technical specificationstandard, which the manufacturer places on the market is a system made of components, which the manufacturer assembles duly following precise instructions given by the provider of such a system or of a component thereof, who has already tested that system or that component for one or several of its essential characteristics in accordance with the relevant harmonised technical specificationstandard. When these conditions are fulfilled, the manufacturer is entitled to declare performance corresponding to all or part of the test results for the system or the component provided to him. The manufacturer may use the test results obtained by another manufacturer or system provider only after having obtained an authorisation of that manufacturer or system provider, who remains responsible for the accuracy, reliability and stability of those test results.
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 150 #
Council position
Article 37
Article 37
Amendment 154 #
Council position
Article 38 – paragraph 1
Article 38 – paragraph 1
Amendment 157 #
Council position
Article 38 – paragraph 2
Article 38 – paragraph 2
Amendment 163 #
Council position
Article 60 – paragraph 1 – introductory part
Article 60 – paragraph 1 – introductory part
For the purposes of achieving the objectives of this Regulation, in particular removing and avoiding restrictions on making construction products available on the market, the following matters shall be delegated to the Commission in accordance with Article 61, and subject to the conditions laid down in Articles 62 and 63, and the Commission shall deal with them after consulting the committee provided for in Article 64:
Amendment 166 #
Council position
Annex I – paragraph 1
Annex I – paragraph 1
Construction works as a whole and in their separate parts must be fit for their intended use. Subject to normal maintenance, construction works must satisfy these basic requirements for construction works for an economically reasonable working life. The essential product characteristics and the methods and criteria for ascertaining product performances with reference to the basic requirements laid down in this annex shall be determined in the Technical Specifications. Wherever possible, harmonised European rules (e.g. ‘Eurocodes’) shall be used to show that the basic requirements are met.
Amendment 168 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 3
Article 7 – paragraph 1 – subparagraph 3
By affixing or having affixed the CE marking the manufacturer shall take responsibility for the conformity of the construction product with the declared performance and for its conformity with Community harmonisation legislation.
Amendment 169 #
Council position
Annex I – part 7
Annex I – part 7
7. Sustainable use of natural resources in construction works
Amendment 175 #
Council position
Annex II – part 5 – title
Annex II – part 5 – title
5. Commission participationParticipation by the Commission and the manufacturer
Amendment 176 #
Council position
Annex II – part 5 – paragraph 1
Annex II – part 5 – paragraph 1
A Commission representative and a representative of the manufacturer may participate, as observers, toin all the parts of the execution of the work programme.
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 178 #
Council position
Annex II – part 7 – paragraph 2
Annex II – part 7 – paragraph 2
If, within fifteen working days of receipt, the Commission communicates to the organisation of TABs its observations on the draftcopy of the European Assessment Document, the organisation of TABs shall amend the draft accordinglyexamine the observations and shall send a copy of the adopted European Assessment Document, as then amended or not, as the case may be, to the manufacturer and the Commission.
Amendment 180 #
Council position
Annex III – title
Annex III – title
Amendment 202 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Harmonised standards shall provide the methods and the criteria for assessing the performance and durability of the construction products in relation to their essential characteristics. Harmonised standards shall provide the generic intended purpose and levels or classes of performance of the construction products in relation to their essential characteristics. Harmonised standards shall, where appropriate, provide methods less onerous than testing for assessing the performance of the construction products in relation to their essential characteristics.
Amendment 207 #
Proposal for a regulation
Article 16 – paragraph 4 - subparagraph 1
Article 16 – paragraph 4 - subparagraph 1
Amendment 221 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The European Assessment Document (EAD) shall be adopted by the organisation of Technical Assessment Bodies referred to in Article 25(1) following a request for a European Technical Assessment by a manufacturer or an importer, in accordance with the procedure set out in Annex II.
Amendment 224 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The organisation of Technical Assessment Bodies referred to in Article 25(1) shall establish in the EAD the methods and the criteria for assessing the performance in relation to those essential characteristics of the construction product, which are related to the use intended by the manufacturer which are covered by the EAD and which are related to the placing on the market and the use of the product in construction works.
Amendment 225 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
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 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 263 #
Proposal for a regulation
Article 27 - paragraph 1
Article 27 - paragraph 1
1. Micro-enterprises may replace the applicable system for assessment of the declared performance of construction product by an STD. The STD shall demonstrate the compliance of the construction product with the applicable requirementsAn STD may also be used where harmonised technical specifications are not yet available but the product family is covered by a Commission decision on the assessment and verification of consistency of performance. The STD shall demonstrate the compliance of the construction product with the applicable requirements for placing on the market and the intended use of the product provided for by the manufacturer where the manufacturer intends to place the construction product on the market.
Amendment 264 #
Proposal for a regulation
Article 27 - paragraph 2
Article 27 - paragraph 2
2. If a construction product belongs to a family of construction products for which the applicable system for assessment and verification of constancy of performance is system 1, 2 or 2,4 as set out in Annex V, the STD shall be verified by a relevant certification bTechnical Assessment Body as referred to in Annex Vrticle 22. The provisions of Annex II shall not apply.
Amendment 267 #
Proposal for a regulation
Article 27 - paragraph 2 a (new)
Article 27 - paragraph 2 a (new)
2a. The simplified procedure set out in paragraph 1 shall guarantee an equivalent level of protection for the health and safety of persons or for other issues of public interest such as the environment and fitness for use. The manufacturer shall remain responsible for the product’s compliance with all declarations of performance in accordance with the relevant harmonised technical specification.
Amendment 276 #
Proposal for a regulation
Article 43 - paragraph 2
Article 43 - paragraph 2
2. Notified bodies shall provide the other bodies notified under this Regulation carrying out similar third party tasks in accordance with the systems of assessment and verification of constancy of performance and covering the same construction products with relevant information on issues relating to negative and, on request, positive results from these assessments and/or verifications where these are of fundamental importance.
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.