Activities of Małgorzata HANDZLIK related to 2008/0098(COD)
Plenary speeches (1)
Explanations of vote
Amendments (62)
Amendment 55 #
Proposal for a regulation
Recital 14
Recital 14
(14) Those harmonised standards should provide the appropriate tools for the harmonised assessment of the performance in relation to the essential characteristics of construction products. Harmonised standards should be established on the basis of mandates adopted by the Commission, covering the relevant families of construction products, in accordance with Article 6 of Directive 98/34/EC. The Commission should take steps to increase the range of products covered by harmonised norms.
Amendment 61 #
Proposal for a regulation
Recital 17
Recital 17
(17) To provide the manufacturer and the importer with additional flexibility for the assessment of the performance of the construction product he intends to place on the market, he should be entitled to request a European Technical Assessment also in a case in which the product is covered by a harmonised standardexisting harmonised standard norms cannot be fully applied to a specific product, for example, in the case of innovative solutions.
Amendment 62 #
Proposal for a regulation
Recital 18
Recital 18
(18) Manufacturers and importers of construction products should be allowed to request European Technical Assessments to be carried out for their products on the basis of the guidelines for European technical approval and joint interpretations of assessment procedures established under Directive 89/106/EEC. Therefore, the continuing validity of these guidelines and interpretations as EADs should be ensured.
Amendment 63 #
Proposal for a regulation
Recital 19
Recital 19
(19) The establishment of draft EADs and the issuing of European Technical Assessments should be entrusted to Technical Assessment Bodies (TAB) designated by Member States. In order to ensure that TABs have necessary competence for carrying out those tasks, the requirements for their designation should be set out at Community level. Therefore it is also necessary to provide for periodical evaluations of TABs by TABs from other Member States.
Amendment 64 #
Proposal for a regulation
Recital 20
Recital 20
(20) The TABs should establish an organisation to coordinate the procedures for the establishment of draft EADs and for issuing of the European Technical Assessments.
Amendment 69 #
Council position
Article 2 – paragraph 1 – point 11 a (new)
Article 2 – paragraph 1 – point 11 a (new)
11a. "innovative product" means a new and/or novel materials-related, technical or technological solution for which a harmonised standard has not been established;
Amendment 81 #
Proposal for a regulation
Article 1
Article 1
This Regulation lays down conditions for the placing on the market of construction products and 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 82 #
Council position
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
By way of derogation from Article 4(1) and in the absence of Union or national provisions requiring the declaration of essential characteristics where a manufacturer intends to place a product on the market, a manufacturer may refrain from drawing up a declaration of performance when placing a construction product covered by a harmonised standard on the market where:re the drawing up of such a declaration is not required under national rules.
Amendment 82 #
Proposal for a regulation
Article 2, paragraph 1
Article 2, paragraph 1
1. "construction product" means any individual product or product kit which is produced and placed on the market for incorporation in a permanent manner in construction works or parts thereof so that the dismantling of the product decreases the performance of the construction works and the dismantling or replacement of the product constitute construction operationsor installation in construction works or parts thereof ;
Amendment 83 #
Council position
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 86 #
Council position
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 87 #
Council position
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
Amendment 87 #
Proposal for a regulation
Article 2, paragraph 3 a (new)
Article 2, paragraph 3 a (new)
3a.' Performance of a construction product' means performance with reference to essential individual characteristic expressed through value, level, class, or threshold, or in a description;
Amendment 88 #
Proposal for a regulation
Article 2, paragraph 4
Article 2, paragraph 4
4. "harmonised technical specifications" means harmonised standards and European Assessment DocuTechnical Assessments;
Amendment 100 #
Proposal for a regulation
Article 2, paragraph 12 a (new)
Article 2, paragraph 12 a (new)
12a.'European Technical Assessment' means the technical specification of a construction product drawn up on the basis of a technical assessment carried out by a technical assessment body in accordance with the methods and criteria adopted by TAB operating exclusively within the framework of the European organisation for TABs referred to in Article 21(20);
Amendment 104 #
Proposal for a regulation
Article 2, paragraph 14 a (new)
Article 2, paragraph 14 a (new)
14a. 'Notified body' means a laboratory, supervisory or certifying notified by the Member States to perform tasks connected with the assessment and verification of constancy of performance of construction products.
Amendment 105 #
Proposal for a regulation
Article 2, paragraph 17
Article 2, paragraph 17
17. "product-type" means tha set of representative performances of a construction product produced using a given combination of raw materials or other elements in a specific production process;
Amendment 115 #
Council position
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
Amendment 115 #
Proposal for a regulation
Article 4, paragraph 1, subparagraph 1
Article 4, paragraph 1, subparagraph 1
1. The manufacturer or the importer when placing a construction product on the market shall make a declaration of performance if the following conditions are met:construction product is covered by a harmonised standard or if a European Technical Assessment (ETA) has been issued for that product.
Amendment 116 #
Council position
Article 8 – paragraph 3 – subparagraph 2
Article 8 – paragraph 3 – subparagraph 2
Amendment 121 #
Proposal for a regulation
Article 4, paragraph 1, subparagraph 1, point b
Article 4, paragraph 1, subparagraph 1, point b
Amendment 128 #
Proposal for a regulation
Article 4, paragraph 1, subparagraph 2
Article 4, paragraph 1, subparagraph 2
Amendment 131 #
Council position
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. Following a request for a European Technical Assessment by a manufacturer, a European Assessment Document shall be drawn up and adopted by the organisation of TABs for any construction product not covered or not fully covered by a harmonised standard, for which the performance in relation to its essential characteristics cannot be entirely assessed according to an existing harmonised standard, because inter alia: innovative construction product.
Amendment 131 #
Proposal for a regulation
Article 4, paragraph 2
Article 4, paragraph 2
2. The declaration of performance referred to in paragraph 1 shall cover at least the essential characteristics for which requirements referred to in point b of paragraph 1in the Member State in which the product is to be used exist.
Amendment 133 #
Council position
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
Amendment 133 #
Proposal for a regulation
Article 5, paragraph 2
Article 5, paragraph 2
2. The declaration of performance shall contain the following information: (a) been drawn up; (b) characteristics of the constructionbe drawn up in accordance with Annex III: the product-type for which the performance is declared, and the levels or classes of that performance; (c) harmonised standard, the European Assessment Document or the Specific Technical Documentation, which has been used for the assessment of each essential characteristic.it has the list of the essential the reference number of the
Amendment 134 #
Council position
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
Amendment 135 #
Council position
Article 19 – paragraph 1 – point c
Article 19 – paragraph 1 – point c
Amendment 137 #
Council position
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
1a. European Technical Assessments shall be issued for innovative construction products.
Amendment 138 #
Council position
Article 26 – paragraph 1 b (new)
Article 26 – paragraph 1 b (new)
1b. If the European Technical Assessment is not replaced by a harmonised standard and the manufacturer of the construction product does not make substantial changes to it which alter its characteristics, the European Technical Assessment shall be automatically extended and shall be valid until a harmonised standard is published or the manufacturer makes substantial changes to the product and a new ETA is applied for.
Amendment 151 #
Council position
Article 37 – paragraph 1
Article 37 – paragraph 1
Amendment 153 #
Proposal for a regulation
Article 6, paragraph 1
Article 6, paragraph 1
1. A copy of the declaration of performance shall be supplied with each construction product which is placed on the market, in accordance with Article 4, in a language easily understood by users in the Member State in which the product is made available on the market. However, where a batch of the same product is delivered to a single user, it may be accompanied by one copy of the declaration of performance.
Amendment 157 #
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. A writh the express agreementen declaration shall be provided at the request of the recipient.
Amendment 164 #
Proposal for a regulation
Article 6, paragraph 4
Article 6, paragraph 4
Amendment 167 #
Proposal for a regulation
Article 7, paragraph 1, subparagraph 1
Article 7, paragraph 1, subparagraph 1
Amendment 172 #
Proposal for a regulation
Article 7, paragraph 2
Article 7, paragraph 2
2. The CE marking shall be the only marking which attests conformity of the construction product with the declared performance. determined in accordance with the harmonised technical specifications. Member States shall not introduce national measures orany new references and shall withdraw any existing references to a conformity markingmarking attesting the conformity of products covered by the directive with the declared performance other than the CE marking.
Amendment 175 #
Proposal for a regulation
Article 7, paragraph 4 (new)
Article 7, paragraph 4 (new)
4. Member States shall take steps to ensure that provisions in force within their territory concerning the design and manufacture of construction works involving products are drawn up in accordance with the essential characteristics contained in the harmonised standards and European Assessment Documents.
Amendment 183 #
Council position
Annex V – Article 1.1 – point b – subpoint iv
Annex V – Article 1.1 – point b – subpoint iv
(iv) audit-testing of samples taken before placing the productn agreement with the manufacturer providing for audit-testing of samples taken after the product has been placed on the market.
Amendment 184 #
Proposal for a regulation
Article 8, paragraph 3, subparagraph 1 a (new)
Article 8, paragraph 3, subparagraph 1 a (new)
Rules on establishing a unique identification code for construction products and rules on the numbering of performance declarations must be determined pursuant to Article 51(2).
Amendment 186 #
Proposal for a regulation
Article 9
Article 9
Each Member State shall ensure that the Product Contact Points established in accordance with Regulation (EC) N°…. also provide the information on any technical rules or regulatory provisions applicable towhen the product is made available and concerning the nature and level of the requirements relating to the clearly defined field of application of the product. The Product Contact Points shall provide information on the incorporation, assembling or installation of a specific type of construction product in the territory of that Member State, insofar as they are covered by the provisions.
Amendment 191 #
Proposal for a regulation
Article 10, paragraph 1, subparagraph 1
Article 10, paragraph 1, subparagraph 1
1. Manufacturers shall draw up the required technical documentation describing all the relevant elements related to the applicable attestation of declaredsystem for assessment and the verification of constancy of performance.
Amendment 195 #
Proposal for a regulation
Article 12, paragraph 2
Article 12, paragraph 2
2. Before placing a construction product on the market importers shall ensure that the assessment and the verification of constancmust obtain from the producer a copy of the dteclared performance has been cahnical documentation referried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation referred to in the first subparagraph of Article 10(1). Tto in the first subparagraph of Article 10(1) and ensure that it is up to date. On the basis of the technical documentation obtained, they shall draw up the declaration of performance in accordance with Articles 4, 5 and 6. They shall also ensure that the product bears the required CE marking, is accompanied by the required documents and that the manufacturer has respected the requirements set out in Articles 10(4) and 10(5).
Amendment 197 #
Proposal for a regulation
Article 13, paragraph 2
Article 13, paragraph 2
2. Before making a construction product available on the market distributors shall ensure that the product bears the required CE marking and is accompanied by the documents required under this Regulation and by instructions and safety information in a language easily understood by users in the Member State where the product is made available on the market and that the manufacturer and the importer have complied with the requirements set out in Article 10(4), Article 10(5) and Article 12(3) respectively
Amendment 208 #
Proposal for a regulation
Article 16, paragraph 4
Article 16, paragraph 4
1. The Commission shall assess the conformity of harmonised standards established by the European standardisation bodies with the relevant mandateIn preparing the mandates for harmonised standards, the Commission shall take account first of all of construction products already placed on the market on the basis of other harmonised specifications. The Commission shall publish in the Official Journal of the European Union the list of references of harmonised standards which are in conformity with the relevant mandates, and set the date of applicability of those standards. The Commission shall publish any updates to that list. n which those standards will be available and the date on which construction products will be covered by those standards in accordance with Article 4(1) of the Regulation.
Amendment 213 #
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 by the Technical Assessment Bodies (TAB) referred to in Article 25 in EAD.
Amendment 214 #
Proposal for a regulation
Article 18, paragraph 3, subparagraph 1 a (new)
Article 18, paragraph 3, subparagraph 1 a (new)
With regard to the classes of performance established by the Commission, the European standardisation bodies shall law down the conditions under which it may be recognised, without tests or further tests being performed, that a product has a specific level of performance on the basis of the relevant decisions taken by the Commission in accordance with the procedure laid down in Article 51(2).
Amendment 217 #
Proposal for a regulation
Article 19, paragraph 2, point c
Article 19, paragraph 2, point c
(c) the probability and the effect of the variability of the essential characteristics of construction product during the service life of the product;
Amendment 229 #
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 not covered by a harmonised standard or where the existing harmonised standard cannot be fully applied, at the request of a manufacturer or importer on the basis of an EAD in accordance with the procedure set out in Annex II.
Amendment 236 #
Proposal for a regulation
Article 23, paragraph 1
Article 23, paragraph 1
1. The TAB shall satisfy the requirements set out in Table 2 of Annex IVregarding the essential competences for assessing products and the procedure for ensuring the constancy of their characteristics during the manufacturing process, impartiality and management, set by the Commission in accordance with the procedure referred to in Article 51(2).
Amendment 237 #
Proposal for a regulation
Article 24 – Title
Article 24 – Title
Amendment 238 #
Proposal for a regulation
Article 24, paragraph 1
Article 24, paragraph 1
1. The TABs shall verify whether other TABs fulfil the respective criteria set out in Table 2 of Annex IV. Thebe subject to peer evaluation shall be, organised by the organisation referred to in Article 25(1) and shall take place once every four years, within the product areas listed in Table 1 of Annex IV, for which the TABs have been designated.
Amendment 240 #
Proposal for a regulation
Article 24, paragraph 2
Article 24, paragraph 2
2. The Commission shall establish procedures for carrying out the evaluation, including appropriate appeals procedures against decisions taken as a result of the evaluation. Those measures, designed to amend non- essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 51(2). The evaluation of a TAB may not be carried out by a TAB from the same Member StateInterested parties shall be entitled to take part in the system introduced for the supervision of peer evaluation activities, but not in the individual peer evaluation procedures.
Amendment 241 #
Proposal for a regulation
Article 24, paragraph 3
Article 24, paragraph 3
3. The organisation referred to in Article 25(1) shall communicate the results of the evaluMember States shall ensure that nations ofal TABs to all Member States and the Commission. The Commission shall, in cooperation with Member States, monitor the respect of the rules and the proper functioning of the evaluation of TABsare regularly subject to peer evaluation, as required by paragraph 1.
Amendment 242 #
Proposal for a regulation
Article 24, paragraph 3 a (new)
Article 24, paragraph 3 a (new)
3a. Peer evaluation shall be carried out in accordance with coherent and transparent criteria and procedures , particularly as regards requirements relating to organisation, human resources and procedures, confidentiality and complaints . Provision shall be made for appropriate appeals procedures against decisions taken as a result of the evaluation.
Amendment 243 #
Proposal for a regulation
Article 24, paragraph 3 b (new)
Article 24, paragraph 3 b (new)
3b Peer evaluation shall ascertain whether TABs are meeting the requirements laid down in Article 23.
Amendment 244 #
Proposal for a regulation
Article 24, paragraph 3 c (new
Article 24, paragraph 3 c (new
3c. The organisation referred to in Article 25(1) shall communicate the results of the peer evaluations to all Member States and the Commission
Amendment 245 #
Proposal for a regulation
Article 24, paragraph 3 d (new)
Article 24, paragraph 3 d (new)
3d. The Commission shall, in cooperation with Member States, monitor the respect of the rules and the proper functioning of the per evaluation.
Amendment 246 #
Proposal for a regulation
Article 25, paragraph 2, point a
Article 25, paragraph 2, point a
a) co-ordinate the application of the rules and procedures set out in Article 19 and Annex IIs 20, 21 and 24, as well as provide the support needed to that end;
Amendment 247 #
Proposal for a regulation
Article 25, paragraph 2, point b
Article 25, paragraph 2, point b
b) inform the Commission twice a year of any question related to the preparation of EADs and of any aspects related to the interpretation of the rules and procedures set out in Article 19 and Annex IIs 20, 21 and 24;
Amendment 248 #
Proposal for a regulation
Article 25, paragraph 2, point d
Article 25, paragraph 2, point d
d) organise the peer evaluation of the TABs
Amendment 273 #
Proposal for a regulation
Article 33, paragraph 3
Article 33, paragraph 3
3. The performance assessment body shall be a third-party body independent from the organisation or mpartial in relation to all circles, groups or persons directly or indirectly concerned withe construction product it assesses.
Amendment 280 #
Proposal for a regulation
Article 53, paragraph 3
Article 53, paragraph 3
3. Guidelines for European technical approval which were published before 1 July 2011 in accordance with Article 11 of Directive 89/106/EEC and joint interpretations of procedures for the evaluation of construction products adopted by EOTA before 1 July 2011, on the basis of Article 9(2) of Directive 89/106/EEC, may be used as EADs.