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Changes between two versions

What changed between the plenary report and the adopted text

From · plenary report· 2 Jun 2023

A-9-2023-0207

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

To · adopted text· 11 Jul 2023

TA-9-2023-0253

New Regulation on Construction Products

Changes to the text itself, in document order. Cover page, citations and punctuation-only edits are left out; they are under “Every difference”.

The changes · 15

Change 1

Changed:Recital 40: (40) To create transparency for users of construction products and to avoid inappropriate use of those products, construction products and their intended use should be precisely identified by the manufacturer. For the same reason, the manufacturer should make clear whether the construction products are intended for professional use only, particularly whereexpertisewhere expertise is needed in order to use the product. To ensure that construction products can be traced back, information that enables manufacturers to be identified should be indicated on the product or, where this is not possible e.g. due to the product’s size or surface, on its packaging or, where that is not possible either, in a document accompanying it.

Change 2

Changed:Article 4 – paragraph 2 – subparagraph 2 b (new): The Commission shall issue standardisation requests to lay down specific requirements as regards essential characteristics for used construction products.Theseproducts. These standardisation requests shall be issued in line with the working plan established in accordance with Article 93a.

Change 3

Changed:Article 4 – paragraph 4 – introductory part: 4. While priority shall be given to the elaboration of standards, the Commission is empowered to adopt delegated acts in accordance with Article 87 supplementing this Regulation in order to cover the urgent regulatory needs of Member States and to pursue the environmental, safety objectives and harmonisation goals of Article 114 of the Treaty on the Functioning of the European Union,.Union. In such case, the Commission may determine the following for specific product families and categories:

Change 4

Changed:Article 12 – paragraph 2: 2. Where there is no declaration of performance available for a used product issued by the initial manufacturer or another economic operator pursuant to this Regulation or Regulation (EU) 305/2011, an economic operator may issue a new declaration of performance without undergoing a full procedure in accordance with this Regulation where it limits the intended use to decorative purposes. Where the economic operator has used this derogation, the declaration of performance shall be labelled “declaration of performance for used product for decorative purposes” .purposes”.

11 more changes

Change 5

Changed:Article 12 – paragraph 4: 4. Paragraphs 1 to 3 shall also apply to remanufactured products, if the transformative process does not jeopardise the compliance with the performance of the product in relation to the relevant characteristics. Where the economic operator has used this derogation, the declaration of performance shall be labelled “declaration of performance for re-manufactured product”.

Change 6

Changed:Article 18 – paragraph 2: OtherMarkings markingother than markingmarkings set out by Union legislation may be affixed on a productproduct, provided that itthose doesmarkings do not impair the visibility, legibility and meaning of the CE marking.

Change 7

Changed:Article 34: deleted / (Moved to Article 6a)

Change 8

Changed:Annex III – point 3: deleted / (deleted) / (Moved to Annex IIIa, point 1)

Change 9

Changed:Annex III – point 4: deleted / (deleted) / (Moved to Annex IIIa, point 2)

Change 10

Changed:Annex III – point 5: deleted / (deleted) / (Moved to Annex IIIa, point 3)

Change 11

Changed:Annex III – point 6: deleted / (deleted) / (Moved to Annex IIIa, point 4)

Change 12

Changed:Annex III – point 7: deleted / (deleted) / (deleted) / (Moved to Annex IIIa, point 5)

Change 13

Changed:Annex III – point 8: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (Moved to Annex IIIa, point 6)

Change 14

Changed:Annex III – point 9: deleted / (deleted) / (Moved to Annex IIIa, point 7)

Change 15

Changed:Annex V – point 7 – point d: (d) In the case of system 3+, verification shall consist of the verification of all calculations and input data. In that context, the notified body shall verify whether the applicable rules on modelling and calculation laid down in the applicable harmonised technical specification or methodology provided by the Commission are followed and whether the calculation model and input data reflect the production process. In case a verified IT tool or one provided by the Commission is used, the verification shall focus on the correct use of the tool. Where secondary data is used, the notified body shall check whether the correct data sets, prescribed by applicable product specific calculation rules contained in the applicable harmonised technical specification or the methodology provided by the Commission, are used. Where company-specific data is used, the reliability of that data shall be verified. To that end, the notified body may undertake an audit of the manufacturing plant to which the data refer, and shall examine documentation to verify the reliability of the data. The notified body may extend this examination to key parts from suppliers who are obliged to cooperate in accordance with Article 30.