Activities of Heide RÜHLE related to 2008/0098(COD)
Plenary speeches (1)
Harmonised conditions for the marketing of construction products (debate)
Shadow reports (1)
REPORT Recommendation for second reading on theCouncil position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC PDF (344 KB) DOC (502 KB)
Amendments (59)
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 54 #
Council position
Recital 24 a (new)
Recital 24 a (new)
(24a) The declaration of performance may be numbered in accordance with the product-type reference number.
Amendment 58 #
Council position
Recital 36 a (new)
Recital 36 a (new)
(36a) The interpretative definition of ‘non-series process’ for the different construction products covered by this Regulation should be defined by the relevant CEN technical committees.
Amendment 60 #
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 standardfor a product which is not covered by a harmonised standard or by a specific mandate adopted by the Commission.
Amendment 62 #
Council position
Recital 46 a (new)
Recital 46 a (new)
(46a) In this respect, the Commission should adopt by (date) a delegated act outlining the conditions for the use of websites to provide the content of the declaration of performance. In the interim the use of websites should continue to be permitted in line with current practice.
Amendment 63 #
Council position
Recital 49 a (new)
Recital 49 a (new)
(49a) The conservation of materials after demolition into the materials cycle through re-use or recycling is essential to meeting the Union's climate change targets and each Member State should produce an action plan detailing how it will help to promote re-use or recycling in the construction industry.
Amendment 65 #
Council position
Recital 50 a (new)
Recital 50 a (new)
(50a) Wherever possible, harmonised European rules for the evaluation of the basic requirements in accordance with Annex I should be developed. In addition, the Commission should revise the existing interpretative documents for the basic requirements set out in Parts 1 to 6 of Annex I in accordance with this Regulation. An additional interpretative document should be established to detail the basic requirement set out in Part 7 of Annex I and mandates to CEN should be given on this basis.
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 67 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down conditions for the placing or making available on the market of construction products by establishing harmonised 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. Where, for construction products, the essential characteristics with respect to the basic works requirements referred to in Annex I are wholly or partially covered by other Union legislation, this Regulation shall not apply to that construction product in respect of such characteristics from the date of implementation of that other legislation.
Amendment 67 #
Proposal for a regulation
Recital 22
Recital 22
Amendment 68 #
Proposal for a regulation
Recital 23
Recital 23
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 79 #
Proposal for a regulation
Article 1
Article 1
This Regulation lays down rules on how to express the performance of construction productsconditions for the placing on the market of construction products and rules on how to express their performance in relation to their essential characteristics and on the use of CE marking on those products.
Amendment 81 #
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 marketthe products will be used, 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:
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 91 #
Council position
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) the reference number, the title and date of issue of the harmonised standard or the European Technical Assessment which has been used for the assessment of each essential characteristic;
Amendment 96 #
Council position
Article 6 – paragraph 3 – point c
Article 6 – paragraph 3 – point c
(c) the performance of at least one of thell 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 101 #
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, or based on a calculation, 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 104 #
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 this is provided for in the harmonised technical specification;
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 110 #
Proposal for a regulation
Article 2 – point 20 a (new)
Article 2 – point 20 a (new)
20a. "Innovative product" means a construction product for which a European harmonized standard does not exist and which can be placed on the market using a European Technical Assessment.
Amendment 112 #
Proposal for a regulation
Article 2 – point 20 a (new)
Article 2 – point 20 a (new)
20a. "level" means a minimum performance value of a product. A level can be of a technical or regulatory nature, and may be applicable to a single characteristic or comprise a set of characteristics.
Amendment 113 #
Proposal for a regulation
Article 2 – point 20 a (new)
Article 2 – point 20 a (new)
20a. "class" means a range for the performance of a product delimited by a minimum and a maximum performance value. A class can be of a technical or regulatory nature and may be applicable to a single characteristic or comprise a set of characteristics.
Amendment 124 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point b a (new)
Article 4 – paragraph 1 – subparagraph 1 – point b a (new)
(ba) one essential characteristic allows evaluation of safety as well as possible health hazards throughout the entire lifecycle.
Amendment 135 #
Proposal for a regulation
Article 5 - paragraph 2 - point b
Article 5 - paragraph 2 - point b
(b) the list of the essential characteristics of the construction product for which the performance is declared, and the individual values, levels or classes of that performance; for each essential characteristic of a product, the manufacturers shall declare a value or class of performance or pass/fail criteria; ‘No performance determined’ (NPD) may be declared if there is no requirement for that characteristic in the Member State where the product is being placed on the market;
Amendment 139 #
Council position
Article 26 – paragraph 3 a (new)
Article 26 – paragraph 3 a (new)
3a. The validity period of a European Technical Assessment is limited to five years. After that period, the manufacturer may apply to the organisation of TABs in accordance with Article 31(1) for the prolongation of the European Technical Assessment. The organisation of TABs shall evaluate the conformity of the European Technical Assessment with the European Assessment Document.
Amendment 141 #
Council position
Article 31 – paragraph 4 – subparagraph 1 – point f a (new)
Article 31 – paragraph 4 – subparagraph 1 – point f a (new)
(fa) use working groups representing all stakeholders to fulfil its tasks.
Amendment 142 #
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 146 #
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 specifications.
Amendment 148 #
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 specification. 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 149 #
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.
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 162 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
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 164 #
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 after consultation of the Committee in accordance with Article 64:
Amendment 165 #
Council position
Article 60 – paragraph 1 – point a
Article 60 – paragraph 1 – point a
(a) the determination, where appropriate, of the essential characteristics or threshold levels within specific families of construction products, in relation to which, in accordance with Articles 3 to 6, the manufacturer shall declare, in relation to their intended use, by levels or classes, or in a description, the performance of the manufacturer's product when it is placed on the market;
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 170 #
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 as well as with harmonised Community legislation.
Amendment 171 #
Council position
Annex I – part 7 – paragraph 1 – introductory part
Annex I – part 7 – paragraph 1 – introductory part
The construction works must be designed, built and demolished in such a way that the use of natural resources is sustainable and in particular ensure the following:
Amendment 173 #
Council position
Annex I – part 7 – paragraph 1 – point a
Annex I – part 7 – paragraph 1 – point a
(a) re-use or recyclability of the construction works, their materials and parts after demolition;
Amendment 177 #
Council position
Annex II – part 7 – paragraph 1 – point c
Annex II – part 7 – paragraph 1 – point c
(c) send a copy to the Commission after consultation of the committee in accordance with Article 64.
Amendment 178 #
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 179 #
Council position
Annex III – part 7 – paragraph 2
Annex III – part 7 – paragraph 2
If, within fifteen working days of receipt, the Commission communicates to the organisation of TABs its observations on the draft European Assessment Document, the organisation of TABs shall amendrediscuss the draft accordinglyunder consideration in relation to those observations and shall send a copy of the adopted European Assessment Document to the manufacturer and the Commission.
Amendment 206 #
Proposal for a regulation
Article 16 – paragraph 2 - subparagraph 1
Article 16 – paragraph 2 - subparagraph 1
2. Harmonised standards shall provide the methods and the criteria for assessing the performance of the construction products in relation to their essential characteristics and shall support the relevant requirements of other applicable Community legislation.
Amendment 211 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. WhereLevels or classes of performance in relation to the essential characteristics of construction products are notshall be established by the Commissin harmonized technical specifications, they may be established by the European standardisation bodies in harmonised standards. aking account of the different traditions and levels of basic work requirements for certain works as well as the differences in climate, geology and geography and other relevant conditions prevailing in Member States. The manufacturer shall be entitled to choose between declaring individual performance values and declaring levels or classes of performance. Where the Commission has established levels or classes of performance in relation to the essential characteristics of construction products, the European standardisation bodies shall use those classes in harmonised standards.
Amendment 227 #
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 productproducts which depart from the scope of the applicable harmonized European 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 and with the agreement of the Standing Committee of Construction referred to Article 51(1), with regard to the following types of product: - products for which there is neither a harmonized standard, nor a recognized national standard, nor a mandate for a harmonized standard, and for which the Commission, after consulting the Standing Committee of Construction, considers that a standard can not, or not yet, be developed; and - products which differ significantly from harmonized standards or recognized national standards. Innovative products fall into these categories.
Amendment 233 #
Proposal for a regulation
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
1a. When harmonized technical standards applicable to an innovative product are available and include assessment methods which are suitable for the assessment of some or all performances of the product, those assessment methods shall be applied.
Amendment 255 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. If the construction product, referred to in paragraph 1, 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 body as referred to in Annex V.
Amendment 262 #
Proposal for a regulation
Article 27 - paragraph 1
Article 27 - paragraph 1
1. Micro-enterprises may replace the applicable systemharmonized technical specification relevant for the assessment of the declared performance of construction productperformance and for declaring essential characteristics by an STD in accordance with Article 7. The STD shall demonstrate the compliance of the construction product with the applicable requirements where the manufacturer intends to place the construction product on the market. The STD shall provide for an equivalent level of confidence and reliability of performance regarding the essential work requirements.
Amendment 265 #
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.
Amendment 266 #
Proposal for a regulation
Article 27 - paragraph 2 a (new)
Article 27 - paragraph 2 a (new)
2a. The Specific Technical Documentation shall guarantee an equivalent level of health and safety for persons and for other issues of public interest. The manufacturer shall remain responsible for the product’s compliance with the characteristics stated in the declaration of performance. The manufacturer shall provide information on the intended use of the product.
Amendment 271 #
Proposal for a regulation
Article 28 - paragraph 1
Article 28 - paragraph 1
1. For a construction product designed and manufactured in a non-industrialised production process in response to a specific order, and installed in a single identified construction work, the manufacturer may replace the applicable systemharmonized technical specification relevant for the assessment of performance and for declaring essential characteristics by an STD,. The STD shall demonstratinge the compliance of thate construction product with the applicable requirements where the manufacturer intends to place the construction product on the market. The STD shall provide for an equivalent level of confidence and reliability of performance regarding the essential work requirements.
Amendment 287 #
Proposal for a regulation
Annex I - Part 7
Annex I - Part 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.