Activities of Sirpa PIETIKÄINEN related to 2022/0094(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products, amending Regulation (EU) 2019/1020 and repealing Regulation (EU) 305/2011
Amendments (85)
Amendment 87 #
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 app and biodiversity loss, and the transition towards a carbon-neutral, environmentally sustainable, toxic-free and fully circular economy within planetary boundaries by 2050 at the latest, makes it necessary to establish new environmental oblicgation of ans and to apply the harmonised assessment method for the calculation of the environmental sustainability of construction products based on EN 15804+A2 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 EN15978. 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 88 #
Proposal for a regulation
Recital 13
Recital 13
(13) The compliance of construction products with Union legislation often depends on the compliance of their key parts with that legislation. However, because key parts are often integrated into various construction products, the protection of safety and of the environment, including climate and biodiversity, is better achieved when those key parts are assessed upstream, that is when the performance and conformity of key parts will be assessed beforehand and independently from the assessment of the final construction product into which they are integrated. Similarly, market surveillance becomes more efficient when non-compliant key parts can be identified and targeted. Hence, it is necessary to lay down rules applicable to key parts of construction products.
Amendment 89 #
Proposal for a regulation
Recital 18
Recital 18
(18) In order to strive for a maximum of regulatory coherence, this Regulation should to the extent possible build on the horizontal legal framework, in this case namely on Regulation (EU) No 1025/2012 of the European Parliament and of the Council. It follows the recent trend in product legislation to develop a and on Regulation (EU) … [Regulation on ecodesign for sustainable products]. It follows the recent trend in product legislation to ensure that all products placed on the Union market become increasingly sustainable and stand the test of circularity, inline with the European Green Deal. A fall-back solution is envisaged where the European Standardisation Organisations do not deliver harmonised standards which can be cited in the Official Journal. As no harmonised standards for construction products could be cited in the Official Journal since late 2019 and only some dozen since Regulation (EU) No 305/2011 came into force, the new back-up empowerments for the Commission should be even more comprehensive, permitting to define mandatory essential characteristics related to sustainability and to optimise the overall output of technical specifications so to catch up the delay in the adaptation to technical progress. The Commission shall, amongst others, be guided by and ensure coherence with the environmental sustainability objectives pursued by Regulation (EU) ... [Regulation on ecodesign for sustainable products].
Amendment 92 #
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 overall environmental, including climate- and biodiversity, energy and resource efficiency, the chemical substances and human health- related, product characteristics in view of their specific national situation. 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 95 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to contribute to the objectives of the European Green Deal and the Circular Economy Action Plan, and to ensure safe construction products, safety being one of the goals to be pursued in the legislation based on Article 114 of the Treaty on the Functioning of the European Union (TFEU), inherent product requirements related to safety, functionality and protection of environment, including climate and biodiversity, are necessary. When setting these requirements, the Commission should take into account their potential contribution to achieving Union climate, environmental, biodiversity and resource and energy efficiency objectives. These requirements do not merely relate to the performance of construction products. Contrary to its predecessor Directive 89/106/EC, Regulation (EU) No. 305/2011 does not provide for the possibility to establish such inherent product requirements. However, certain harmonised standards for construction products contain such inherent product requirements which can relate to environment, to safety or simply to the good functioning of the product. These standards demonstrate that there is a practical need for such requirements on safety, the environment or simply the functioning of products. Article 114 TFEU as the legal base of this Regulation also imposes the pursuit of a high level of protection of the environment, health and human safety. Thus, this Regulation should (re-)introduce or validate inherent product requirements. Whilst these requirements need to be laid down by the legislator, there is a need for specifying them for the more than 30 product families, each with several categories. Hence, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to specify the requirements for the respective construction product family or category.
Amendment 96 #
Proposal for a regulation
Recital 25
Recital 25
(25) A circular economy, the key element ofThe key elements of the circular economy and the Circular Economy Action Plan, can shall be promoted in all construction materials production and by mandatory deposit-refund systems and the obligation to take back unused products. Member States should therefore be allowed to take such measures.
Amendment 97 #
Proposal for a regulation
Recital 26
Recital 26
(26) In order to enhance legal clarity and reduce the administrative burden for the economic operators, it is necessary to avoid that construction products are subject to multiple assessments regarding the same aspect of health, safety or protection of the environment, including climate and biodiversity, under different Union legislation. This was confirmed by the REFIT platform recommending that the Commission gives priority to addressing the problems of overlapping and repetitive requirements. The Commission should thus be able to determine the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations of this Regulation, where otherwise the same aspect of health, safety or protection of the environment, including climate and biodiversity, would be assessed in parallel under this Regulation and other Union law.
Amendment 101 #
Proposal for a regulation
Recital 44
Recital 44
(44) In view of enhancing the circularity of construction products, in line with the goals of the Circular Economy Action Plan, manufacturers shouldall favour re-use, remanufacturing and recycling of their products as well as through appropriate use of by-products. The (preparation for) re-use, remanufacturing and recycling require certain design, namely by facilitating the separation of components and materials at the later stage of recycling and avoiding mixed, blended or intricate materials and chemicals of concern. The goal is to aim to the highest environmental standards to avoid harmful substances and to ensure good quality indoor air quality. As the usual instructions for use will not necessarily reach the economic operators in charge of (preparation for) re-use, remanufacturing and recycling, the necessary information in this regard should be made available in product databases or systems and on the manufacturer’s websites, in addition to the instructions for use.
Amendment 103 #
Proposal for a regulation
Recital 44 a (new)
Recital 44 a (new)
(44 a) The use of bio-based construction products to improve the embodied carbon performance of buildings must ensure that the overall climate impacts of biomass production are included in a level-playing-field , whole lifecycle assessment approach and demonstrate lower global warming potential than alternative construction materials. Similarly, a lower relative impact is also to be demonstrated on other key environmental impact indicators such as land-use and bio-diversity. Construction material sourcing should not contribute to land use change, such as deforestation and forest degradation.
Amendment 111 #
Proposal for a regulation
Recital 90
Recital 90
(90) In order to enhance the use of sustainable construction products whilst avoiding market distortions and to reach alignment with the Ecodesign for Sustainable Products Regulation, Member States’ public procurement practice should target the most sustainable amongst the compliant products. Requirements applicable to public procurement contracts set out by implementingdelegated acts should be established according to objective, transparent and non-discriminatory criteria.
Amendment 114 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) rules on how to express the overall environmental, including climate, and biodiversity, energy and resource efficiency and safety performance of construction products in relation to their essential characteristics while avoiding substances of concern and ensuring indoor air quality and the health of humans;
Amendment 122 #
Proposal for a regulation
Article 3 – paragraph 1 – point 63
Article 3 – paragraph 1 – point 63
(63) ‘life cycle’ means the consecutive and interlinked stages of a product’s life, from raw material acquisition or generation from natural resources over manufacturing, de-installation, possibly reuse with or without prior remanufacturing to final disposal or recycling;
Amendment 123 #
Proposal for a regulation
Article 3 – paragraph 1 – point 71 a (new)
Article 3 – paragraph 1 – point 71 a (new)
(71 a) 'Recyclable material´ means a characteristic of a product, packaging or associated component that can be diverted from the waste stream through available processes and programmes and can be collected, processed and returned to use in the form of raw materials or products;
Amendment 124 #
Proposal for a regulation
Article 3 – paragraph 1 – point 71 b (new)
Article 3 – paragraph 1 – point 71 b (new)
(71 b) ‘recyclability’ means the ability of waste materials or products to be effectively and efficiently separated, collected, sorted and aggregated as defined waste streams in preparation for recycling, and then recycled through relevant industrial processes and reprocessed into recycled materials or products, whilst minimising quality or functionality losses compared to the original material or product;
Amendment 126 #
Proposal for a regulation
Article 3 – paragraph 1 – point 71 c (new)
Article 3 – paragraph 1 – point 71 c (new)
(71 c) ‘by-product’ means a by-product as defined in Article 5 of Directive 2008/98/EC.
Amendment 127 #
Proposal for a regulation
Article 3 – paragraph 1 – point 71 d (new)
Article 3 – paragraph 1 – point 71 d (new)
(71 d) ‘substance of concern’ means a substance of concern as defined in Article 2, point (28), of Regulation (EU) ... [Regulation on ecodesign for sustainable products];
Amendment 128 #
Proposal for a regulation
Article 3 – paragraph 1 – point 71 e (new)
Article 3 – paragraph 1 – point 71 e (new)
(71 e) ‘permanent material’ is a material for which the inherent properties do not change during use and regardless of repeated recycling into new products. Inherent properties relate to the physical and chemical properties of the material e.g. chemical bonds. Material stewardship is also an important aspect of maintaining permanent material cycles;
Amendment 133 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
The essential characteristics specified in accordance with paragraph 1 or listed in Annex I Part A Point 2, B, C, and the methods for their assessment shall be laid down in standards which are rendered mandatory for purposes of application of this Regulation. The definition of climate change effects present Annex I Part A Point 2 (a) should refer to a robust life- cycle carbon assessment. The essential characteristics and performances of products shall be identified in view of the basic requirements for construction works, taking account of the regulatory needs of Member States and environmental sustainability objectives pursued by Regulation (EU) ... [Regulation on ecodesign for sustainable products].
Amendment 151 #
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 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 as laid down in harmonised EN standard 15804 and related Environmental Product Declarations to quantify the environmental impacts of products. Mandatory thresholds should be introduced in a sequencing manner after the first 5 years that the regulation will be in force.
Amendment 155 #
Proposal for a regulation
Article 4 – paragraph 4 – introductory part
Article 4 – paragraph 4 – introductory part
4. 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 and in consultation with the European standardisation organisations, by determining, for particular product families and categories, the following:
Amendment 156 #
Proposal for a regulation
Article 4 – paragraph 4 – point a
Article 4 – paragraph 4 – point a
(a) threshold levels and classes of performance in relation to the essential characteristics and which of the essential characteristics may or shall be declared by manufacturers, taking into account Union climate and biodiversity goals, energy and resource efficiency, overall environmental targets, and the Paris agreement, and which of the essential characteristics may or shall be declared by manufacturers in a transparent manner through the use of digital product passports to foster the market's competition development and innovation;
Amendment 158 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4 a. The Commission shall assess the conformity with Union climate and environmental legislation, including in light of technological progress, of standards referred to in paragraph 2 and Commission acts adopted in accordance with paragraphs 3a and 4 at least every five years after the publication in the Official Journal. A negative assessments hall trigger the adoption of delegated acts referred to in Article 34(4) or in accordance with this Article.
Amendment 160 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The Commission is empowered to amend Annex I Part A by means of delegated acts in accordance with Article 87 and in consultation with the European standardization organisations, in order to adapt it to technical progress and to cover new risks and environmental aspects.
Amendment 162 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. In order to specify the product requirements, including threshold levels, set out in Annex I Part B, C and D, the Commission is empowered toshall supplement this Regulation, by means of delegated acts in accordance with Article 87, by specifying, for particular product families and categories, these product requirements and by laying down the corresponding assessment methods. Once the Commission has specified these product requirements by delegated acts, it may issue standardisation requests which aim at the elaboration of voluntary harmonised standards providing presumption of conformity with these mandatory product requirements as specified by these delegated acts.
Amendment 163 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
Amendment 164 #
Proposal for a regulation
Article 5 – paragraph 2 b (new)
Article 5 – paragraph 2 b (new)
2 b. The Commission is also empowered to establish product requirements applicable to public contracts. Those requirements shall be based on the product parameters referred to in Annex I Part B, C and D, and established in accordance with Article 84.
Amendment 175 #
Proposal for a regulation
Article 10 – paragraph 4 – point c
Article 10 – paragraph 4 – point c
Amendment 177 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The following information referred to in Article 31 or, as the case may be, in Article 33 ofon substances of concern added to the product shall be provided together with the declaration of performance: a) information on included substances of concern referred to in Regulation (EC) No 1907/2006 of the European Parliament and of the Council45 shall be provided together with the declaration of performance; b) information on included priority substances in the field of water policy referred to in Annex I of Directive 2013/39/EU of the European Parliament and of the Council; c) information on included existing active substances referred to in Regulation (EU) No528/2012of the European Parliament and of the Council. __________________ 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 182 #
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 185 #
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – introductory part
Article 22 – paragraph 2 – subparagraph 1 – introductory part
Amendment 186 #
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 leveland biodiversity sustainability, energy and resource efficiency, substances of concern, harm to human health and indoor air quality performance is maximised in accordance with Best Available Techniques, unless a lower level:
Amendment 194 #
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – point a a (new)
Article 22 – paragraph 2 – subparagraph 1 – point a a (new)
(a a) under the conditions set out in point(a)(i) and (ii), ensure that, by 10 years after the adoption of performance classes in accordance with Article 4(4), point (a), or Article 5(2), all products placed on the market fall within the two highest environmental performance classes established;
Amendment 195 #
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 reusable and recyclable materials, by-products, and materials gained from recycling; -use, recycling and sustainably sourced bio-based materials, provided for the last, that the overall climate impacts of biomass production are included in a whole lifecycle assessment and demonstrate lower global warming potential;
Amendment 199 #
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – point c
Article 22 – paragraph 2 – subparagraph 1 – point c
(c) respect the minimum recycled content obligations and, use of by-products and respect other limit values regarding aspects of environmental, including climate sustainabilitand biodiversity sustainability, and resource and energy efficiency contained in harmonised technical specifications;
Amendment 202 #
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – point d
Article 22 – paragraph 2 – subparagraph 1 – point d
(d) prevent premature obsolescence of products, use reliable parts and design products in such a way that their durability does not fall beyond the average durability of products of the respective category that serve the same purpose;
Amendment 205 #
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 of their own websitesat least on permalinks of their own websites and in the Digital Product Passport established in accordance with Article 78, relevant instructions for use, information on how to repair the products and any aAdditional information necessary for rRepairing, including relevant warnings;
Amendment 207 #
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – point g
Article 22 – paragraph 2 – subparagraph 1 – point g
(g) Where applicable, make available on the market itself or by specially designated distributors or by manufacturers of spare parts, with reasonably short delivery time, spare 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 211 #
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – point i
Article 22 – paragraph 2 – subparagraph 1 – point i
(i) make available, in product databases, instructions for useat least on permalinks of their own websites and oin their own websites Digital Product Passport established in accordance with Article 78, information on how to remanufacture or recycle the products and any additional information necessary for re-use, remanufacturing or recycling, including relevant warnings; and indication on the placement of nearest recycling facilities;
Amendment 215 #
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 a (new)
Article 22 – paragraph 2 – subparagraph 1 a (new)
The Commission is empowered to supplement this Regulation, by means of delegated acts in accordance with Article 87, by defining rules to promote the introduction of harmonized "Extended Producer Responsibility"(EPR). These Schemes should regulate the obligations of the manufactures to collect, directly or indirectly, surplus products and off cuts generated at the building site.
Amendment 218 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. In order to specify the obligations set out in paragraph 2, the Commission is empowered toshall supplement this Regulation, by means of delegated acts in accordance with Article 87, by specifying, for particular product families and categories, these obligations. Alternatively, the Commission may issue standardisation requests which aim at the elaboration of harmonised standards providing presumption of conformity with the obligations of paragraph 2 for a specific product family or category. The obligations contained in paragraph 2, points (a), (d), (e) and (h), shall not apply before such a delegated act or a harmonised standard has become applicable.
Amendment 220 #
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
Amendment 229 #
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. The Commission shall assess the conformity of construction products standards established by the European standardisation organisations with the relevant standardisation requests, with this Regulation and with other Union law. The Commission shall publish or publish with restrictions in the Official Journal of the European Union the list of references of accepted conforming construction products standards that have been made available at an affordable price. Where a reference to a standard cannot be published otherwise in the Official Journal, the Commission is empowered to supplement this Regulation by delegated acts adopted in accordance with Article 86 and in consultation with the European standardization organisations, to modify the respective standards for purposes of legal effects under this Regulation.
Amendment 233 #
Proposal for a regulation
Article 78 – paragraph 1 a (new)
Article 78 – paragraph 1 a (new)
1 a. The product passport shall be designed for the long-term use and be universally accessible for all with a specific access for individual groups of repairers, re-users, recyclers, manufacturers and consumers.
Amendment 234 #
Proposal for a regulation
Article 78 – paragraph 1 b (new)
Article 78 – paragraph 1 b (new)
1 b. The product passport shall contain: i) the information on material and chemical content; ii) the information on safety and environmental performance, including climate and biodiversity sustainability, energy and resource efficiency performance as well as the impact on human health and indoor air quality; iii) the instructions for repair, reuse, recycling and upgrading.
Amendment 235 #
Proposal for a regulation
Article 78 – paragraph 2
Article 78 – paragraph 2
2. Economic operators may access all information stored in that database or system which regards them specifically, and shall control which third parties have access to the information. They may request that incorrect information is corrected.
Amendment 244 #
Proposal for a regulation
Article 83 – paragraph 2 – subparagraph 2 – point b a (new)
Article 83 – paragraph 2 – subparagraph 2 – point b a (new)
(b a) the environmental benefits derived from the uptake of products in the highest two classes/scores.
Amendment 246 #
Proposal for a regulation
Article 84 – paragraph -1 (new)
Article 84 – paragraph -1 (new)
-1 Contracting authorities as defined in Article 2(1) of Directive2014/24/EU and Article 3(1)of Directive 2014/25/EU or contracting entities as defined in Article 4(1) of Directive 2014/25/EU shall, when awarding public contracts, take into account sustainability aspects of construction products tobe supplied in public supply contracts or to be used in works or service contracts for activities which are the subject of the contract, in accordance with the conditions laid down in this Article.
Amendment 247 #
Proposal for a regulation
Article 84 – paragraph -1 a (new)
Article 84 – paragraph -1 a (new)
-1 a In the description of the contract, contracting authorities shall include and allow construction products which fulfil the obligations set out in Article 22(2). Contracting authorities shall not exclude such construction products in the description or otherwise in the procurement documents. In so far as delegated acts of the Commission pursuant to Article 22(4), first sentence, in conjunction with Article 87 or harmonised standards pursuant to Article22(4), second sentence, are applicable, the contracting authorities shall observe these delegated acts and standards when including and approving construction products pursuant to sentence 1 and sentence 2. The obligations under sentences 1 to 3 shall not apply insofar as the construction products are not suitable for the intended use or their use is contrary to legal provisions. If a contracting authority invokes an exception pursuant to sentence 3, it must document the reasons for the exception in the award notice in a textual justification.
Amendment 248 #
Proposal for a regulation
Article 84 – paragraph -1 b (new)
Article 84 – paragraph -1 b (new)
-1 b Where construction products referred to in paragraph -1a may be offered in the award of a contract, contracting authorities shall determine the most economically advantageous tender on the basis of the best price- quality ratio, assessed with due regard to the qualitative criterion of the extent to which the construction products offered comply with environmental obligations referred to in Article 22(2),without prejudice to the right of contracting authorities to use cost or a cost- effectiveness approach such as life-cycle costing or other criteria to assess the best price-quality ratio.
Amendment 249 #
Proposal for a regulation
Article 84 – paragraph -1 c (new)
Article 84 – paragraph -1 c (new)
-1 c The obligations under paragraph - 1a and paragraph -1b shall apply notwithstanding the third sentence of Article 22(4).
Amendment 250 #
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 States. The delegated acts may only specify and extend, but not restrict or exclude, the obligations of contracting authorities under paragraph -1a and paragraph -1b.
Amendment 254 #
Proposal for a regulation
Article 84 – paragraph 2
Article 84 – paragraph 2
Amendment 264 #
Proposal for a regulation
Article 84 – paragraph 3 a (new)
Article 84 – paragraph 3 a (new)
3 a. Once and to the extent that delegated acts under paragraph 1 apply, the obligations of contracting authorities shall be governed by paragraph -1a and paragraph -1b in conjunction with the delegated acts."
Amendment 265 #
Proposal for a regulation
Article 87 – paragraph 2
Article 87 – paragraph 2
2. The power to adopt delegated acts referred to in Article 4(3), (4) and (5), Article 5(2) and (3), Article 6(1) to (3), Article 8, Article 11(3), Article 22(4) and (5), Article 35(4), Article 44(1), Article 73(1) and (2), Article 78(1), Article 84(1) and Article 90(4) shall be conferred on the Commission for a period of fivesix years from … [the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the fivesix-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 266 #
Proposal for a regulation
Article 87 – paragraph 3
Article 87 – paragraph 3
3. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making52 . The experts of the affected industry shall also be consulted as part of the process. __________________ 52 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making, OJ L 123, 12.5.2016, p. 1–14.
Amendment 267 #
Proposal for a regulation
Article 91 – paragraph 1
Article 91 – paragraph 1
Amendment 269 #
Proposal for a regulation
Article 92 – paragraph 1
Article 92 – paragraph 1
Regulation (EU) 305/2011 is repealed with effect from 1 January 204529.
Amendment 270 #
Proposal for a regulation
Annex I – Part A – point 1 – point 1.3 – paragraph 2 – introductory part
Annex I – Part A – point 1 – point 1.3 – paragraph 2 – introductory part
The construction works and any part of them shall be designed, constructed, used, maintained and demolished in such a way that they, throughout their life cycle, do not present acute or chronic threat to the hygiene or health and safety of workers, occupants, including companion animals, or neighbors as a result of any of the following:
Amendment 273 #
Proposal for a regulation
Annex I – Part A – point 1 – point 1.3 – paragraph 2 – point a a (new)
Annex I – Part A – point 1 – point 1.3 – paragraph 2 – point a a (new)
(a a) the release of odours or chemical particles affecting negatively the indoor air quality or human health;
Amendment 277 #
Proposal for a regulation
Annex I – Part A – point 1 – point 1.7 – paragraph 2 – point a
Annex I – Part A – point 1 – point 1.7 – paragraph 2 – point a
(a) the release of hazardous substances in concern, microplastics or radiation into air, ground water, marine or surface waters or soil;
Amendment 278 #
Proposal for a regulation
Annex I – Part A – point 1 – point 1.7 – paragraph 2 – point d
Annex I – Part A – point 1 – point 1.7 – paragraph 2 – point d
(d) the release of net greenhouse gas emissions into the atmosphere.
Amendment 279 #
Proposal for a regulation
Annex I – Part A – point 1 – point 1.8 – paragraph 2 – introductory part
Annex I – Part A – point 1 – point 1.8 – paragraph 2 – introductory part
The construction works and any part of them shall be designed, constructed, used, maintained, upgraded and demolished in such a way that, throughout their life cycle, the use of natural resources is sustainable and ensures the following:
Amendment 281 #
Proposal for a regulation
Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point a
Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point a
(a) use of by-products, raw and secondary materials of high environmental sustainability and thus with a low environmental footprint;
Amendment 287 #
Proposal for a regulation
Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point e
Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point e
(e) ease of deconstruction, use of reusable and recyclable materials (permanent materials) and maximising reuse or recyclability of the construction works, parts of them and their materials after demolition.
Amendment 293 #
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 (mandatoryGlobal Warming Potential total (GWP—total);
Amendment 296 #
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);
Amendment 298 #
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);
Amendment 299 #
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)
Amendment 302 #
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);
Amendment 304 #
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);
Amendment 306 #
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);
Amendment 308 #
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) eEutrophication aquatic marinepotential, fraction of nutrients reaching marine end compartment (EP-marine);
Amendment 310 #
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 potential, Accumulated Exceedance (EP - terrestrial);
Amendment 311 #
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);
Amendment 313 #
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);
Amendment 315 #
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);
Amendment 318 #
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);
Amendment 334 #
Proposal for a regulation
Annex I – Part A – point 2 – paragraph 3
Annex I – Part A – point 2 – paragraph 3
Harmonised technical specifications shall indicate that for theas essential characteristic of climate change effects under point (a)related to life cycle assessment it is mandatory for the manufacturer to declare the performance of the product as set out in Articles 11(2) and 22(1).
Amendment 339 #
Proposal for a regulation
Annex I – Part C – point 2 – point 2.1 – point a
Annex I – Part C – point 2 – point 2.1 – point a
(a) maximising reliability and durability in terms of the guaranteed life span, expected average life span, the expected minimum life span under worst but still realistic conditions, and in terms of the minimum life span requiremen taking into account resistance to stresses or ageing mechanisms, and in terms of the minimum life span requirements. Emissions from life-cycle extensions should be assessed and compared with demolition and reconstruction emissions through pre- demolition audits;
Amendment 342 #
Proposal for a regulation
Annex I – Part C – point 2 – point 2.1 – point c
Annex I – Part C – point 2 – point 2.1 – point c
(c) maximising recycledused, recycled and by-product content wherever possible without safety loss or outweighing negative environmental impact;
Amendment 353 #
Proposal for a regulation
Annex I – Part C – point 2 – point 2.2 – paragraph 1
Annex I – Part C – point 2 – point 2.2 – paragraph 1
Amendment 356 #
Proposal for a regulation
Annex I – Part C – point 2 – point 2.2 – paragraph 2 – introductory part
Annex I – Part C – point 2 – point 2.2 – paragraph 2 – introductory part
When specifying the inherent product environmental requirements, harmonised technical specificationdelegated acts shall at least cover the following elements:
Amendment 360 #
Proposal for a regulation
Annex I – Part C – point 2 – point 2.2 – paragraph 3
Annex I – Part C – point 2 – point 2.2 – paragraph 3
Amendment 361 #
Proposal for a regulation
Annex I – Part C – point 2 – point 2.2 a (new)
Annex I – Part C – point 2 – point 2.2 a (new)
2.2 a. The environmental performance of product categories covered by the text shall be verified through a harmonised method for the evaluation of product environmental performance along their full life cycle (LCA).
Amendment 362 #
Proposal for a regulation
Annex V – point 7 a (new)
Annex V – point 7 a (new)