EUROPEAN PARLIAMENT Committee on the Internal Market and Consumer Protection

Transcription

1 EUROPEAN PARLIAMT Committee on the Internal Market and Consumer Protection 2008/0098(COD) AMDMTS Draft recommendation for second reading Catherine Stihler (PE v03-00) Harmonised conditions for the marketing of construction products at first reading (10753/3/2010 C7-0267/ /0098(COD)) AM\ doc PE v01-00 United in diversity

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3 50 Cristian Silviu Buşoi Recital 5 (5) Where applicable, provisions for an intended use of a construction product in a Member State, aimed at fulfilling basic requirements for construction works, determine the essential characteristics the performance of which should be declared. (5) Where applicable, provisions for an intended use or uses of a construction product in a Member State, aimed at fulfilling basic requirements for construction works, determine the essential characteristics the performance of which should be declared. According to the rules in this sector, and the provisions in the body of the text, it is necessary to mention also the uses in this case. 51 Hans-Peter Mayer, Anja Weisgerber, Andreas Schwab Recital 8 a (new) (8a) The activities of contractors should not fall within the scope of this Regulation. The erection of construction works is a service and not the placing on the market of a product by a manufacturer. Construction activities may in specific cases include individually manufactured or custom-made parts of the construction work, which are then incorporated into the construction work by the contractor. Or.de AM\ doc 3/79 PE v01-00

4 The new regulation should finally succeed in making clear that contractors who prefabricate individual components on or off site are not included in the scope of the regulation. This regulation lays down conditions for the placing or making available on the market of construction products. It does not address the incorporation of construction products into construction projects. 52 Hans-Peter Mayer, Andreas Schwab, Anja Weisgerber, Heide Rühle 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 States. (15) Threshold levels determined by the Commission pursuant to this Regulation for the essential characteristics of the construction product in question should ensure a high level of protection within the meaning of Article 114 TFEU. Or.de Threshold values may be determined for technical or regulatory reasons (see recital 16). Where threshold values are determined for regulatory reasons, they are intended to protect the public welfare concerns referred to in Article 14 TFEU: health, safety, environmental protection and consumer protection. The base for them should therefore not be 'general recognition' but the pursuit of a 'high level of protection' provided for in Article Emma McClarkin 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 (24) The declaration of performance may include information on the content of hazardous substances in order to improve the possibilities for sustainable PE v /79 AM\ doc

5 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 market 7, 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 policy 8, 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 9, Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste 10 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 mixtures 11. 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 market 7, 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 policy 8, 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 9, Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste 10 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 mixtures Heide Rühle Recital 24 a (new) (24a) The declaration of performance may be numbered in accordance with the product-type reference number. AM\ doc 5/79 PE v01-00

6 55 Emma McClarkin 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. (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. This clarification is essential to ensure the primacy of CE marking over other markings. 56 Emma McClarkin 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 standard. (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 technical specification, where appropriate. PE v /79 AM\ doc

7 Simplified Procedures (Chapter VI) refer to both harmonised technical specifications (see Article 36.1 (a) & (c)) and harmonised standards (Articles 36.1 (b), 37 & 38); also, not all standards have or should have the conditions referred to in this recital. 57 Emma McClarkin 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 C technical committees. In order to ensure that the exemptions from the obligations of CE marking are not abused, which would artificially partition the internal market, concrete interpretations of the definition of 'non-series process' should be envisaged. Considering the wide variety of construction products, these interpretative definitions should be determined by the relevant technical committee within C. 58 Heide Rühle 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 C technical committees. AM\ doc 7/79 PE v01-00

8 59 Eija-Riitta Korhola Recital 36 a (new) (36a) The interpretative definiton of "non-series process" for the different construction products covered by this Regulation should be defined by the relevant C technical committees. In order to ensure that the exemptions from the obligations of CE marking are not abused, which would artificially partition the internal market, concrete interpretations of the definition of "non series process" should be envisaged. Considering the wide variety of construction products, these interpretative definitions should be determined by the relevant technical committees within C, which are capable of taking into account the specificities of the different construction products. 60 Cristian Silviu Buşoi Recital 37 (37) All economic operators intervening in the supply and distribution chain should take appropriate measures to ensure that they place or make available on the market only construction products which are in compliance with the requirements of this Regulation, which aim to ensure the performance of construction products and fulfil basic requirements for construction works. In particular, importers and distributors of construction products should be aware of the essential characteristics for (37) All economic operators intervening in the supply and distribution chain should take appropriate measures to ensure that they place or make available on the market only construction products which are in compliance with the requirements of this Regulation, which aim to ensure the performance of construction products and fulfil basic requirements for construction works. In particular, importers and distributors of construction products should be aware of the essential characteristics for PE v /79 AM\ doc

9 which there are provisions on the Union market, and of the specific requirements in Member States in relation to the basic requirements for construction works, and should use this knowledge in their commercial transactions. which there are provisions on the Union market, and of the specific requirements in Member States in relation to the basic requirements for construction works, and should use this knowledge in their commercial transactions, in order to minimise the occurrence of unintended nonconformities of construction products with their declaration of performance and minimise the material losses. This provision leads to preventive measures at the level of economic operators, in order to avoid as much as possible the occurrence of nonconformities and measures at the level of market surveillance. Acting as responsible legal persons, the economic operators will avoid losses of any kind in their commercial transactions, helping in particular SME s to conform to requirements and get value for money. 61 Emma McClarkin 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. The possibility to provide the content of the declaration of performance on a website is already used in many industries. Without this possibility, manufacturers would have to include a seperate document with each individual product sold, implying extra burdens and costs for no added value. The deadline for the delegated act should be made in consultation AM\ doc 9/79 PE v01-00

10 with the Parliament. 62 Heide Rühle 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. 63 Heide Rühle 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. PE v /79 AM\ doc

11 64 Eija-Riitta Korhola Recital 50 (50) For the assessment of the sustainable use of resources and of the impact of construction works on the environment Environmental Product Declarations should be used when available. (50) For the assessment of the sustainable use of natural resources and of the impact of construction works on the environment, European standardised Environmental Product Declarations should be used when available. To follow the main goal of the Commission Communication of 21 December 2005 entitled "Thematic Strategy on the Sustainable Use of Natural Resources", EPDs should give, at least, the following environmental information: -use of natural resources (including distinction between non-renewable and renewable materials and energy); -resulting environmental impacts; and -generated waste. Construction sector consumes up to 50% raw materials used in Europe and generates 40% waste of all waste generated in Europe. Therefore, considering a clear and present need for clarification of the content of the new Basic Works Requirement 7 (Sustainable use of natural resources), and considering that Recital 50 is making a very important link between the assesment of the sustainable use of natural resources and the environmental information covered by the Environmental Product Declaration (EPD) of a construction product, more regulatory guidance shoud be provided in the Recital 50. In order to take into account the EU policy regarding "sustainable use of natural resources" as defined in the EU Thematic Strategy for Sustainable Use of Natural Resources" (COM 2005/670), it must be ensured that EPDs of the construction products include the relevant infomation on the EU main target in a relation to sustainable use of natural resources. AM\ doc 11/79 PE v01-00

12 65 Heide Rühle 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 C should be given on this basis. 66 Hans-Peter Mayer, Andreas Schwab, Anja Weisgerber, Heide Rühle 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. The general objective of the proposed regulation, harmonisation, makes this addition to the rules necessary in order to forestall any risk of a lack of harmonisation. Or.de PE v /79 AM\ doc

13 67 Heide Rühle 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. 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. 68 Emma McClarkin 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 dismantling of the product alters the performance of the construction works with respect to the basic requirements for construction works; 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 and for which the performance of the product alters the performance of the construction works with respect to the basic requirements for construction works; AM\ doc 13/79 PE v01-00

14 Linguistic alteration. 69 Małgorzata Handzlik, Rafał Trzaskowski 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; European Technical Assessments should be issued only for new/novel products. Or.pl 70 Mitro Repo Article 2 paragraph 1 point "'Specific Technical Documentation'' means documentation demonstrating that methods within the applicable system for assessment and verification of constancy of performance have been replaced 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 ; deleted PE v /79 AM\ doc

15 Articles define the simplified procedure, available for the manufacturers to, wherever deemed possible, decrease the costs incurred from testing their products. The initial COM proposal had named the documentation for the manufacturer using the simplified procedure to demonstrate that the conditions for this use are fulfilled as the "Specific Technical Procedures" (STD). However, this has caused a lot of confusion and resulted in the current difficulties where recital and definition go against articles In order to remove these incoherences following amendments are proposed: 1) to delete the definition of STD (art. 2.15) and the whole concept as unnecessary and to replace it by the term "appropriate documentation"; 2) to reformulate articles accordingly; and 3) to delete the term STD from all other articles and Annex III. 71 Lara Comi Article 2 paragraph 1 point "'Specific Technical Documentation'' means documentation demonstrating that methods within the applicable system for assessment and verification of constancy of performance have been replaced 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 ; 15. "'Specific Technical Documentation'' means documentation demonstrating that certain conditions have been met by the manufacturer and that certain procedures to meet those conditions have been followed; 72 Emma McClarkin Article 2 paragraph 1 point "'Specific Technical Documentation'' means documentation demonstrating that 15. "'Specific Technical Documentation'' means documentation demonstrating that AM\ doc 15/79 PE v01-00

16 methods within the applicable system for assessment and verification of constancy of performance have been replaced 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 ; certain conditions have been met by the manufacturer and that certain procedures to meet those conditions have been followed; This definition needs to be clarified in order for it to become consistent with the connected recitals and articles 36 to 38 on Simplified procedures and on the use of the STD. Indeed, for the STD to become useful and applicable, its definition must be as wide as possible, adapted to the several uses and cases that the manufacturer drawing up STD will encounter. 73 Anja Weisgerber Article 2 point ''Specific Technical Documentation'' means documentation demonstrating that methods within the applicable system for assessment and verification of constancy of performance have been replaced 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; 15. "Specific Technical Documentation" means documentation demonstrating by which other methods the procedures provided for in the harmonised technical specifications have been replaced within the applicable system for assessment and verification of constancy of performance; Or.de In stating its position on the Council s common position, the Commission rightly pointed to a certain incoherence in the formulation of the provisions on the Specific Technical Documentation. The amendment is intended to remove this incoherence and to ensure that products declared with the aid of Specific Technical Documentation are equivalent to otherwise CE-marked products. PE v /79 AM\ doc

17 74 Hans-Peter Mayer, Andreas Schwab, Anja Weisgerber, Heide Rühle Article 4 paragraph 1 1. When a construction product is covered by 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. 1. When a construction product is covered by a harmonised standard or a European Assessment Document has been issued for it, the manufacturer shall draw up a declaration of performance when such a product is placed on the market. Or.de The proposed amendment seeks to achieve greater transparency in the technical rules and an improvement in their technical feasibility. 75 Emma McClarkin Article 4 paragraph 1 1. When a construction product is covered by 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. 1. When a construction product conforms 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. Technical adjustment. AM\ doc 17/79 PE v01-00

18 76 Hans-Peter Mayer, Andreas Schwab, Anja Weisgerber, Heide Rühle Article 4 paragraph 2 2. When a construction product is covered by 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. 2. When a construction product is covered by a harmonised standard or a European Assessment 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. Or.de The proposed amendment seeks to achieve greater transparency in the technical rules and an improvement in their technical feasibility. 77 Cristian Silviu Buşoi Article 4 paragraph 2 2. When a construction product is covered by 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. 2. The manufacturer shall draw up a declaration of performance when placing on the market a construction product which is covered by a harmonised standard or for which a European Technical Assessment has been issued. PE v /79 AM\ doc

19 It is preferable to emphasise in this order that the manufacturer, is the one who issues the DoP, only when he places a product on the market, and only if such product is covered by a harmonised standard or for which a European Technical Assessment has been issued. 78 Emma McClarkin Article 4 paragraph 2 2. When a construction product is covered by 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. 2. When a construction product conforms 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. Technical adjustment. 79 Lara Comi 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 By way of derogation from Article 4(1) 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: AM\ doc 19/79 PE v01-00

20 performance when placing a construction product covered by a harmonised standard on the market where: 80 Emma McClarkin 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: By way of derogation from Article 4(1) 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: This amendment is necessary for the full use of the following three examples of derogations. These derogations to CE Marking are absolutely fundamental for certain types of individual, historically relevant and artistic construction products that craftsmen manufacture. These products because of their uniqueness and small impact on the market have no economic or technical need to be CE marked and thus tested for it. 81 Heide Rühle Article 5 paragraph 1 introductory part By way of derogation from Article 4(1) and in the absence of Union or national By way of derogation from Article 4(1) and in the absence of Union or national PE v /79 AM\ doc

21 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: provisions requiring the declaration of essential characteristics where the 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: 82 Małgorzata Handzlik, Rafał Trzaskowski 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: 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 where the drawing up of such a declaration is not required under national rules. Or.pl Zaproponowana zmiana umożliwia odstąpienie od obowiązku sporządzania deklaracji właściwości użytkowych i znakowania oznakowaniem CE wyrobów, dla których prawo unijne nie wymaga deklarowania zasadniczych charakterystyk (zgodnie z Art. 3 ustęp 3) jeżeli państwo członkowskie nie widzi potrzeby wprowadzania takiego obowiązku poprzez jego przepisy krajowe. Specyfiką rynku wyrobów budowlanych jest stosowanie w budownictwie głównie krajowych wyrobów lokalnych. W tej sytuacji wprowadzanie obowiązku sporządzania przez producenta deklaracji właściwości użytkowych i oznakowania CE wyrobów jedynie podnosi ich koszty, bez możliwości wykorzystania tego oznakowania dla swobodnego przepływu takich wyrobów. AM\ doc 21/79 PE v01-00

22 83 Małgorzata Handzlik, Rafał Trzaskowski Article 5 paragraph 1 point a (a) the construction product is individually manufactured or custommade in a non-series process in response to a specific order, and installed in a single identified construction work, by a manufacturer who is responsible for the safe incorporation of the product into the construction works, in compliance with the applicable national rules and under the responsibility of those responsible for the safe execution of the construction works designated under the applicable national rules; deleted Or.pl In line with the changes to Article 5(1). 84 Hans-Peter Mayer, Andreas Schwab, Anja Weisgerber Article 5 paragraph 1 point a a) the construction product is individually manufactured or custom-made in a nonseries process in response to a specific order, and installed in a single identified construction work, by a manufacturer who is responsible for the safe incorporation of the product into the construction works, in compliance with the applicable national rules and under the responsibility of those responsible for the safe execution of the construction works a) the construction product is individually manufactured or custom-made in a nonseries process in response to a specific order for a single identified construction work; PE v /79 AM\ doc

23 designated under the applicable national rules; Or.de There is a drafting error here. Firms that incorporate products into construction works are never manufacturers but always contractors. Contractors are not included in the scope of the regulation and do not therefore have to be excluded in Article 5. This regulation is intended to cover manufacturers and lays down conditions for the placing or making available on the market of construction products. The Council's formulation will lead to incorrect interpretations with regard to the scope of the regulation. 85 Hans-Peter Mayer, Andreas Schwab, Anja Weisgerber Article 5 paragraph 1 point b (b) the construction product is manufactured on the construction site for its incorporation in the respective construction works in compliance with the applicable national rules and under the responsibility of those responsible for the safe execution of the construction works designated under the applicable national rules; or deleted Or.de Article 5(b) is covered by Article 5(a). What matters is individual manufacture; the location does not play a role. 86 Małgorzata Handzlik, Rafał Trzaskowski Article 5 paragraph 1 point b AM\ doc 23/79 PE v01-00

24 (b) the construction product is manufactured on the construction site for its incorporation in the respective construction works in compliance with the applicable national rules and under the responsibility of those responsible for the safe execution of the construction works designated under the applicable national rules; or deleted Or.pl In line with the changes to Article 5(1). 87 Małgorzata Handzlik, Rafał Trzaskowski Article 5 paragraph 1 point c (c) the construction product is manufactured in a traditional manner 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. deleted Or.pl In line with the changes to Article 5(1). PE v /79 AM\ doc

25 88 Hans-Peter Mayer, Andreas Schwab, Anja Weisgerber, Heide Rühle Article 5 point c (c) the construction product is manufactured in a traditional manner 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. (c) the construction product is manufactured in a manner appropriate to heritage conservation and in a nonindustrial 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. Or.de The decisive factor is the appropriate procedure from a heritage conservation point of view. In particular in the case of listed modern buildings, restricting the derogation in question to 'traditional' processes is misleading and false. 89 Mitro Repo Article 5 paragraph 1 point c (c) the construction product is manufactured in a traditional manner 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. (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. AM\ doc 25/79 PE v01-00

26 Renovation of officially protected buildings or sites must be only given as an example of traditional products produced in a non-industrialised process. 90 Lara Comi Article 5 paragraph 1 point c (c) the construction product is manufactured in a traditional manner 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. (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. 91 Heide Rühle Article 6 paragraph 2 point c (c) the reference number and date of issue of the harmonised standard or the European Technical Assessment which has been used for the assessment of each essential characteristic; (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; PE v /79 AM\ doc

27 92 Mitro Repo Article 6 paragraph 2 point d (d) where applicable, the reference number of the Specific Technical Documentation used and the requirements with which the manufacturer claims the product complies. (d) where applicable, the reference number of the documentation used for the purposes specified in Articles 36 to 38, and the requirements with which the manufacturer claims the product complies. Articles define the simplified procedure, available for the manufacturers to, wherever deemed possible, decrease the costs incurred from testing their products. The initial COM proposal had named the documentation for the manufacturer using the simplified procedure to demonstrate that the conditions for this use are fulfilled as the "Specific Technical Procedures" (STD). However, this has caused a lot of confusion and resulted in the current difficulties where recital and definition go against articles In order to remove these incoherences following amendments are proposed: 1) to delete the definition of STD (art. 2.15) and the whole concept as unnecessary and to replace it by the term "appropriate documentation"; 2) to reformulate articles accordingly; and 3) to delete the term STD from all other articles and Annex III. 93 Emma McClarkin Article 6 paragraph 3 point c (c) the performance of at least one of the essential characteristics of the construction product, relevant for the declared intended use or uses; deleted The obligation to declare the performance of at least one of the essential characteristics will AM\ doc 27/79 PE v01-00

28 lead to absurd situations in those cases where no essential characteristics must be declared. This will obviously create unnecessary administrative and financial burdens on SMEs. 94 Lara Comi Article 6 paragraph 3 point c (c) the performance of at least one of the essential characteristics of the construction product, relevant for the declared intended use or uses; deleted 95 Andreas Schwab Article 6 paragraph 3 point c (c) the performance of at least one of the essential characteristics of the construction product, relevant for the declared intended use or uses; (c) the performance of all the essential characteristics of the construction product, relevant for the declared intended use or uses; Or.de 96 Heide Rühle Article 6 paragraph 3 point c (c) the performance of at least one of the essential characteristics of the construction product, relevant for the declared intended (c) the performance of all essential characteristics of the construction product, relevant for the declared intended use or PE v /79 AM\ doc

29 use or uses; uses; 97 Anja Weisgerber Article 6 paragraph 3 point c (c) the performance of at least one of the essential characteristics of the construction product, relevant for the declared intended use or uses; (c) the performance of all the essential characteristics of the construction product, relevant for the declared intended use or uses; Or.de All essential characteristics and their performance must be stated for a product, in so far as they are relevant to a given intended use. It may on no account be left to the discretion of the manufacturer to only declare performance for some of the characteristics. Irrespective of from which manufacturer products derive, the essential characteristics and the associated particulars of performance, which are based on the same specification, must always be the same. If that is not the case, there will be distortion of competition on the market. 98 Hans-Peter Mayer, Andreas Schwab, Anja Weisgerber, Heide Rühle Article 6 paragraph 3 point d (d) where applicable, the performance of the construction product, by levels or classes, or in a description, in relation to its essential characteristics determined in accordance with Article 3(3); (d) where applicable, the performance of the construction product, by levels or classes, in a description or based on a calculation, in relation to its essential characteristics determined in accordance with Article 3(3); Or.de AM\ doc 29/79 PE v01-00

30 The performance of products may in certain cases also be determined on the basis of a calculation. 99 Eija-Riitta Korhola Article 6 paragraph 3 point d (d) where applicable, the performance of the construction product, by levels or classes, or in a description, in relation to its essential characteristics determined in accordance with Article 3(3); (d) where applicable, the performance of the construction product, by levels or classes, or in a description, in relation to its essential characteristics determined in accordance with Article 3(3), including the product's quantified contribution to global warming potential in the form of greenhouse gases resulting from the declared intended use or uses; Climate Change is a major global environmental concern and the contribution of the construction products into climate change is very much a horizontal and an essential characteristic of all construction products. To have this information available in the declaration of performance in the CE marking as an EU level requirement is the only way to ensure that Member States will regulate this major aspect of the environmental sustainability of the works without causing potential trade barriers. Furthermore, International Standardisation Organisation (ISO) is setting currently global rules for the quantification of carbon footprint of products, covering all products. 100 Hans-Peter Mayer, Anja Weisgerber Article 6 paragraph 3 point e (e) where applicable, the performance of deleted PE v /79 AM\ doc

31 the construction product, by levels or classes, or in a description, 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; Or.de 101 Heide Rühle Article 6 paragraph 3 point e (e) where applicable, the performance of the construction product, by levels or classes, or in a description, 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; (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 related to the declared intended use or uses; 102 Andreas Schwab Article 6 paragraph 3 point e (e) where applicable, the performance of the construction product, by levels or classes, or in a description, 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; (e) where applicable, the performance of the construction product, by levels or classes, or in a description, in relation to all essential characteristics related to the declared intended use or uses; AM\ doc 31/79 PE v01-00

32 Or.de 103 Andreas Schwab Article 6 paragraph 3 point f (f) for the listed essential characteristics for which no performance is declared, the letters "NPD" (No Performance Determined); (f) for the listed essential characteristics for which no performance is declared, the letters "NPD" (No Performance Determined), if the harmonised specification provides for this option; Or.de 104 Heide Rühle Article 6 paragraph 3 point f (f) for the listed essential characteristics for which no performance is declared, the letters "NPD" (No Performance Determined); (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; 105 Anja Weisgerber Article 6 paragraph 3 point f (f) for the listed essential characteristics for which no performance is declared, the letters "NPD" (No Performance (f) for the listed essential characteristics for which no performance is declared, the letters "NPD" (No Performance PE v /79 AM\ doc

33 Determined); Determined), if the harmonised specification provides for this option; Or.de All essential characteristics and their performance must be stated for a product, in so far as they are relevant to a given intended use. It may on no account be left to the discretion of the manufacturer to only declare performance for some of the characteristics. Irrespective of from which manufacturer products derive, the essential characteristics and the associated particulars of performance, which are based on the same specification, must always be the same. If that is not the case, there will be distortion of competition on the market. 106 Hans-Peter Mayer, Andreas Schwab, Heide Rühle Article 7 paragraph 1 subparagraph 1 1. A copy of the declaration of performance shall be supplied with each product which is made available on the market. 1. The declaration of performance must 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. Or.de It is unnecessary for the whole declaration of performance to always be supplied with each product. It is sufficient for it to be made available by electronic means, for example on the manufacturer's Internet page. The manufacturer would then supply the declaration of performance in hard copy in exceptional cases, if expressly requested to do so. 107 Emma McClarkin Article 7 paragraph 1 subparagraph 1 AM\ doc 33/79 PE v01-00

34 1. A copy of the declaration of performance shall be supplied with each product which is made available on the market. 1. A copy of the declaration of performance of each product which is made available on the market shall be supplied in paper form or sent by electronic means 108 Hans-Peter Mayer, Andreas Schwab, Heide Rühle Article 7 paragraph 1 subparagraph 2 However, where a batch of the same product is supplied to a single user, it may be accompanied by a single copy of the declaration of performance. deleted Or.de 109 Hans-Peter Mayer, Andreas Schwab, Heide Rühle 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 recipient. deleted Or.de PE v /79 AM\ doc

35 110 Emma McClarkin 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 recipient. 2. The producer shall send in paper form the copy of the declaration if the recipient directly requests it. 111 Andreas Schwab Article 7 paragraph 3 3. By way of derogation from paragraphs 1 and 2, the content of the declaration of performance may be made available on a web site in accordance with conditions to be established by the Commission by means of delegated acts in accordance with Article By way of derogation from paragraphs 1 and 2, the copy of the declaration of performance may be made available on a web site in accordance with conditions to be established by the Commission by means of delegated acts in accordance with Article Hans-Peter Mayer, Andreas Schwab Article 7 paragraph 4 4. The declaration of performance shall be supplied in the language or the languages required by the Member State where the product is made available. deleted AM\ doc 35/79 PE v01-00

36 Or.de Within a harmonised internal market, language use must not lead to obstacles. The aim of the proposed deletion is also to include small and medium-sized businesses more effectively, and above all more cost-effectively, within the revised provisions of the regulation. 113 Lara Comi Article 8 paragraph 2 subparagraph 1 The CE marking shall be affixed to those construction products for which the manufacturer has drawn up a declaration of performance in accordance with Articles 4, 6 and 7. The CE marking shall be affixed to those construction products for which the manufacturer has drawn up a declaration of performance in accordance with Articles 4, 6, 7, 36, 37 and 38 and mentioning the simplified procedures. 114 Lara Comi Article 8 paragraph 2 subparagraph 2 If a declaration of performance has not been drawn up by the manufacturer in accordance with Articles 4, 6 and 7, the CE marking shall not be affixed. If a declaration of performance has not been drawn up by the manufacturer in accordance with Articles 4, 6, 7, 36, 37 and 38 and mentioning the simplified procedures, the CE marking shall not be affixed. PE v /79 AM\ doc

37 115 Małgorzata Handzlik, Rafał Trzaskowski Article 8 paragraph 3 subparagraph 1 For any construction product covered by a harmonised standard, or, for which a European Technical Assessment has been issued, the CE marking shall be the only marking which attests conformity of the construction product with the declared performance in relation to the essential characteristics, covered by that harmonised standard or by the European Technical Assessment. Subject to Article 5, for any construction product covered by a harmonised standard, or, for which a European Technical Assessment has been issued, the CE marking shall be the only marking which attests conformity of the construction product with the declared performance in relation to the essential characteristics, covered by that harmonised standard or by the European Technical Assessment. Or.pl In line with the changes to Article 5(1). 116 Małgorzata Handzlik, Rafał Trzaskowski 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 specification other than the CE marking. 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 specification and required under EU rules issued on the basis of Article 3(3) of this Regulation other than the CE marking. Or.pl AM\ doc 37/79 PE v01-00