17 Amendments of Mitro REPO related to 2008/0098(COD)
Amendment 70 #
Council position
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
Amendment 89 #
Council position
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the construction product is manufactured in a traditional manner and in a non-industrial process, notably 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 92 #
Council position
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) where applicable, the reference number of the Specific Technical Documentation useddocumentation used for the purposes specified in Articles 36 to 38, and the requirements with which the manufacturer claims the product complies.
Amendment 142 #
Council position
Article 36
Article 36
Use of Specific Technical Documentationsimplified procedures
Amendment 143 #
Council position
Article 36 – paragraph 1 – introductory part
Article 36 – paragraph 1 – introductory part
Amendment 144 #
Council position
Article 36 – paragraph 1 – point a
Article 36 – paragraph 1 – point a
(a) In accordance with the conditions set out in the relevant harmonised technical specification or a Commission decision, for one or several essential characteristics of the construction product, which the manufacturer places on the market, thate manufacturer may declare that the product is deemed to achieve a certain level or class of performance without testing or calculation, or without further testing or calculation, in accordance with the conditions set out in the relevant harmonised technical specification or a Commission decision. The fulfilment of these conditions shall be appropriately documented;
Amendment 145 #
Council position
Article 36 – paragraph 1 – point b
Article 36 – paragraph 1 – point b
(b) Under the conditions that the construction product, covered by a harmonised standard, which the manufacturer places on the market corresponds to the product-type of another construction product, manufactured by another manufacturer and already tested in accordance with the relevant harmonised standard. When these conditions are fulfilled, the manufacturer is entitled to declare performance corresponding to all or part of the test results of this other product. The fulfilment of these conditions shall be appropriately documented. The manufacturer may use the test results obtained by another manufacturer only after having obtained an authorisation of that manufacturer, who remains responsible for the accuracy, reliability and stability of those test results; or
Amendment 146 #
Council position
Article 36 – paragraph 1 – point c
Article 36 – paragraph 1 – point c
(c) Under the conditions that the construction product, covered by a harmonised technical specification, 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 fulfilment of these conditions shall be appropriately documented. 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 #
Council position
Article 36 – paragraph 2
Article 36 – 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+ or 1, as set out in Annex V, the Specific Technical Documentationdocumentation referred to in paragraph 1 shall be verified by a notified product certification body as referred to in Annex V.
Amendment 153 #
Council position
Article 37 – paragraph 1
Article 37 – paragraph 1
Micro-enterprises manufacturing construction products covered by a harmonised standard may replace the determination of the product-type on the basis of type-testing for the applicable systems 3 and 4 as set out in Annex V by using methods differing from those contained in the applicable harmonised standard. Those manufacturers may also treat construction products to which system 3 applies in accordance with provisions for system 4. When a manufacturer uses these simplified procedures, he shall demonstrate the fulfilment of these conditions and compliance of the construction product with the applicable requirements by means of a Specific Technical Dppropriate documentation.
Amendment 156 #
Council position
Article 38 – paragraph 1
Article 38 – paragraph 1
1. In relation to construction products covered by a harmonised standard and which are individually manufactured or custom-made in a non-series process in response to a specific order, and which are installed in a single identified construction work, the performance assessment part of the applicable system, as set out in Annex V, may be replaced by the manufacturer by Specific Technical Dappropriate documentation demonstrating the fulfilment of these conditions and compliance of that product with the applicable requirements.
Amendment 158 #
Council position
Article 38 – paragraph 2
Article 38 – 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+ or 1, as set out in Annex V, the Specific Technical Documentationdocumentation referred to in paragraph 1 shall be verified by a notified product certification body as referred to in Annex V.
Amendment 159 #
Council position
Article 56 – paragraph 1 – subparagraph 1
Article 56 – paragraph 1 – subparagraph 1
Where the market surveillance authorities of one Member State have taken action pursuant to Article 20 of Regulation (EC) No 765/2008 or where they have sufficient reason to believe that a construction product covered by a harmonised standard or for which a European Technical Assessment has been issued does not achieve the declared performance and/or presents a risk for the fulfilment of the basic requirements for construction works covered by this Regulation, they shall carry out an evaluation in relation to the product concerned covering the respective requirements laid down by this Regulation. The relevant economic operators shall cooperate as necessary with the market surveillance authorities.
Amendment 161 #
Council position
Article 56 – paragraph 5 – point b
Article 56 – paragraph 5 – point b
(b) shortcomings in the harmonised technical specifications or in the Specific Technical Documentation.
Amendment 162 #
Council position
Article 57 – paragraph 3 – subparagraph 2
Article 57 – paragraph 3 – subparagraph 2
Where the national measure is considered to be justified and the non-compliance of the construction product is attributed to shortcomings in the European Assessment Document or in the Specific Technical Documentation as referred to in Article 56(5)(b), the Commission shall bring the matter before the Standing Committee on Construction and subsequently adopt the appropriate measures.
Amendment 181 #
Council position
Annex III – point 3 – subpoint a
Annex III – point 3 – subpoint a
(a) dated reference of the corresponding harmonised standard and, where relevant, the reference number of the Specific Technical Documentation useddocumentation used for the purposes specified in Articles 36 to 38;
Amendment 182 #
Council position
Annex III – point 3 – subparagraph 2
Annex III – point 3 – subparagraph 2
Where pursuant to Article 37 or 38 the Specific Technical Documentation has been used, the requirements with which the product complies: