Activities of Emma McCLARKIN 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 (22)
Amendment 53 #
Council position
Recital 24
Recital 24
(24) The declaration of performance may usefully include information on the content of hazardous substances in order to improve the possibilities for sustainable construction and to facilitate the development of environmentally-friendly products. This Regulation is without prejudice to Member States' rights and obligations pursuant to other instruments of Union law that may apply to hazardous substances, in particular, Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market7 , Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy8 , 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 Agency9 , Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste10 and Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures11 .
Amendment 55 #
Council position
Recital 31
Recital 31
(31) The CE marking should be the only marking of conformity of the construction product with the declared performance and compliance with applicable requirements relating to Union harmonisation legislation. However, other markings may be used, provided that they help to improve the protection of users of construction products and are not covered by Union harmonisation legislation. These other markings cannot impose additional certifications to already CE-marked products which compose the final product for which the additional voluntary marking is sought.
Amendment 56 #
Council position
Recital 34
Recital 34
(34) Simplified procedures may be used by manufacturers by means of documentation in a format at their discretion and under the conditions set out in the relevant harmonised standardtechnical specification, where appropriate.
Amendment 57 #
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 61 #
Council position
Recital 46 a (new)
Recital 46 a (new)
(46a) In this respect, the Commission should adopt by an appropriate 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 68 #
Council position
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
1. "construction product" means any product or kit which is produced and placed on the market for incorporation in a permanent manner in construction works or parts thereof so that the dismantlingand for which the performance of the product alters the performance of the construction works with respect to the basic requirements for construction works;
Amendment 72 #
Council position
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
15. "'Specific Technical Documentation'' means documentation demonstrating that methods within the applicable system for assessment and verification of constancy of performancecertain conditions have been replacedmet by other methods, provided that the results obtained by those other methods are equivalent to the results obtained by the test methods of the corresponding harmonised standard anufacturer and that certain procedures to meet those conditions have been followed;
Amendment 75 #
Council position
Article 4 – paragraph 1
Article 4 – paragraph 1
1. When a construction product is covered byconforms to a harmonised standard or a European Technical Assessment has been issued for it, the manufacturer shall draw up a declaration of performance when such a product is placed on the market.
Amendment 78 #
Council position
Article 4 – paragraph 2
Article 4 – paragraph 2
2. When a construction product is covered byconforms to a harmonised standard or a European Technical Assessment 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 80 #
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:
Amendment 93 #
Council position
Article 6 – paragraph 3 – point c
Article 6 – paragraph 3 – point c
Amendment 107 #
Council position
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
1. A copy of the declaration of performance shall be supplied withof each product which is made available on the market. shall be supplied in paper form or sent by electronic means
Amendment 110 #
Council position
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The copy of the declaration of performance may be supplied by electronic means only with the express agreement of the recipienproducer shall send in paper form the copy of the declaration if the recipient directly requests it.
Amendment 117 #
Council position
Article 8 – paragraph 3 – subparagraph 2
Article 8 – paragraph 3 – subparagraph 2
In this respect, Member States shall not introduce any references or shall withdraw any references in national measures to a marking attesting conformity with the declared performance in relation to the essential characteristics covered by a harmonised technical specificationstandard other than the CE marking.
Amendment 118 #
Council position
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The methods used by the Member States in their requirements for construction works, as well as other national rules in relation to the essential characteristics of construction products, shall be in accordance with harmonised technical specificationstandards.
Amendment 123 #
Council position
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The CE marking shall be followed by the two last digits of the year in which it was first affixed, the name or the identifying mark and the registered address of the manufacturer, the unique identification code of the product-type, the reference number of the declaration of performance, the level or class of the performance declared, the reference to the harmonised technical specification applied, the identification number of the notified body, if applicable, and the intended use as laid down in the harmonised technical specification appliedechnical information allowing clear identification of the product and its intended use.
Amendment 124 #
Council position
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. Member States shall build upon existing mechanisms to ensure correct application of the regime governing the CE marking, and shall take appropriate action in the event of improper use of the marking. Those penalties shall be proportionate to the seriousness of the offence and shall constitute an effective deterrent against improper use.
Amendment 125 #
Council position
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. Product Contact Points for Construction shall be independent of any relevant body or organisation involved in the procedure for obtaining the CE marking. However, this precludes the creation of a new body to facilitate this action.
Amendment 130 #
Council position
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1a. The European standardisation bodies shall facilitate access to standardisation for small and medium-sized enterprises and aim towards having a situation whereby no category of stakeholders are represented by more than 25 % of the participants in a Technical Committee and/or a Working Group.
Amendment 160 #
Council position
Article 56 – paragraph 5 – point a
Article 56 – paragraph 5 – point a
(a) failure of the product to achieve the declared performance and/or to meet the requirements related to the fulfilment of basic requirements for construction workshealth or safety of persons or to other issues of public interest protection laid down in this Regulation;
Amendment 167 #
Council position
Annex I – part 3 – paragraph 1 – point d
Annex I – part 3 – paragraph 1 – point d
(d) the release of dangerous substances into ground water, lakes, rivers, marine waters or soil;
Amendment 170 #
Council position
Annex I – part 7
Annex I – part 7
7. Sustainable use of natural resources for building and public works.