What changed between the plenary report and the adopted text

Article 68 – paragraph 2: 2. Where the Commission considers a complaint or report relevant and substantiated based on clearly defined criteria, it shall without undue delay assign it to a market surveillance authority for it to follow-up with the relevant natural or legal person in accordance with Article 11(7), point (a) of Regulation (EU) 2019/1020.

Article 68 – paragraph 2 a (new): 2a. The Commission shall adopt implementing acts establishing the criteria and the timeline referred to in paragraph 2 of this Article. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 88(1).

Article 68 – paragraph 2 b (new): 2b. As regards construction products that might present a risk to the health and safety of consumers, any interested natural or legal person shall have the possibility to inform the Commission through a separate section of the Safety Gate Portal. The Commission shall give due consideration to the information received and, after verification of its accuracy, where appropriate, forward that information to the relevant Member State’s market surveillance authority without undue delay to ensure that those complaints are appropriately followed-up.

Article 69 – paragraph 2: 2. Member States shall designate, amongst their competent authorities, the ‘national competent authority’ which is the single point of contact for communication with other Member States.

Article 69 – paragraph 2 a (new): 2a. The designated competent authorities shall have all the powers listed in Article 14(4) of Regulation (EU) 2019/1020. These powers shall be, for the purposes of this Regulation, extended to all economic operators covered by this Regulation.

Article 69 – paragraph 2 b (new): 2b. For the purpose of market surveillance, investigation and enforcement, competent authorities shall have the power to request from other public authorities or bodies relevant information in their possession.

Article 70 – title: Procedure to deal with non-compliance

Article 70 – paragraph 1 – subparagraph 1: Where a market surveillance authority of one Member State has sufficient reason to believe that certain products covered by a harmonised technical specification or for which a European technical assessment has been issued, or its manufacturer, is non-compliant, it shall carry out an evaluation in relation to the products and the manufacturer concerned covering the respective requirements laid down by this Regulation. The relevant economic operators shall cooperate as necessary with the market surveillance authorities.

Article 70 – paragraph 1 – subparagraph 2: Where, in the course of that evaluation, the market surveillance authority finds that the products or its manufacturer does not comply with the requirements and obligations laid down in this Regulation, it shall without delay require the relevant economic operators to take all appropriate and proportionate corrective actions to bring the products or their manufacturer into compliance with those requirements and obligations or to withdraw the products from the market, or to recall them, all within a reasonable period and commensurate with the nature and degree of the non-compliance. The corrective action required to be taken by the economic operators may include the actions listed in Article 16(3) of Regulation (EU) 2019/1020.

Article 70 – paragraph 7: 7. Where, within 3 months of receipt of the information referred to in paragraph 4, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State in relation to the product concerned, that measure shall be deemed justified.

Article 71 – paragraph 1 – subparagraph 1: Where, on completion of the procedure set out in Article 70(4), objections are raised against a measure taken by a Member State or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States and the relevant economic operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall adopt implementing acts, within four months of the notification received pursuant to Article 70(4), setting out its decision whether the measure is justified or not.

Article 71 – paragraph 2: 2. If the national measure is considered justified, all Member States shall, without delay, take the necessary measures to ensure that the non-compliant product is withdrawn from their markets and shall inform the Commission accordingly. If the national measure is considered unjustified, the Member State concerned shall withdraw the measure.

Article 71 – paragraph 3 a (new): 3a. Where the national measure is considered to be justified and the non-compliance of the construction product is attributed to shortcomings in a European assessment document, as referred to in Article 70(5), point (c), the Commission shall inform the organisation of TABs of the shortcoming and, if necessary, request the revision of the European assessment document concerned.

Article 73: deleted / (deleted) / (deleted) / (deleted)

Article 74 – paragraph 2 – subparagraph 1 – point d: (d) elaborate guidelines for the application and enforcement of requirements and obligations set out in harmonised technical specifications adopted pursuant to this Regulation, including common practices and methodologies for effective market surveillance, such as the number and type of checks to be performed by market surveillance authorities;

Article 74 – paragraph 2 – subparagraph 1 – point d a (new): (da) elaborate guidelines for economic operators on the harmonised application of this Regulation.

Article 75 – paragraph 1: Where a product has been found to be non-compliant, market surveillance authorities shall have the right to recover from economic operators who placed or made available the product on the market the costs of document inspection and physical product testing, with a justification of those costs.

Article 77 – paragraph 8: 8. Member States and the Commission may use artificial intelligence systems to detect diverging decision making practices.

Article 78: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Article 79 – paragraph 1: 1. Member States shall support economic operators by product contact points for construction. Member States shall designate and maintain at least one product contact point for construction on their territory and shall ensure that their product contact points for construction have sufficient powers and adequate resources for the proper performance of their tasks. They shall ensure that product contact points for construction deliver their services in accordance with Regulation (EU) 2018/172449 and that they coordinate with the contact points for mutual recognition established by Article 9(1) of Regulation (EU) No 2019/51550 .

Article 79 – paragraph 3: 3. Product contact points for construction shall respond or provide information free of charge within 15 working days of receiving any request under paragraph 3.

Article 79 – paragraph 4: deleted

Chapter IX a (new): Chapter IXa / Construction digital product passport and product passport registry / Article 81a / Establishment of the construction digital product passport / 1. The Commission shall adopt delegated acts in accordance with Article 87 to supplement this Regulation by setting up a construction digital product passport in accordance with the conditions set out in this Chapter. / The construction digital product passport shall be compatible and interoperable with the digital product passport established by the regulation (EU) [Regulation on eco design for sustainable products], without compromising interoperability with Building Information Modelling (BIM) by taking into account the specific characteristics and requirements related to construction products. / 2. The construction digital product passport shall consist of: / (a) the declaration of performance or the combined declaration of performance and conformity; / (b) the product information laid down in Annex I Part D; and / (c) technical documentation referred to in Articles 64(1), 65(1), 66(1) and Annex II point 11(b). / 3. The construction digital product passport shall be accessible via electronic means through the data carrier. / 4. The following data carriers or similar means may be used to access the construction digital product passport: / (a) QR code; / (b) bar code; / (c) RFID chip; / (d) permalink. / 5. The construction digital product passport shall be accessible free of charge to all economic operators, clients, …

Article 82 – paragraph 1 – point e: (e) scientific, technical, and regulatory matters, aiming to improve product safety or the protection of the environment and consumers;

Article 82 – paragraph 1 – subparagraph 1 a (new): The Commission shall regularly inform Member States about the cooperation activities with third countries or international organisations it undertakes pursuant to the first subparagraph.

Article 82 – paragraph 2: 2. The Commission, after consultation with the Member States, may provide third countries or international organisations with selected information from the digital construction product passport to the system referred to in Article 77 and to the information exchanged amongst authorities in accordance with this Regulation and receive relevant information on products and on preventive, restrictive and corrective measures taken by these third countries or international organisations. The Commission shall share such information with national authorities, where relevant.

Article 82 – paragraph 5: deleted

Article 83 – paragraph 1 – subparagraph 1: Where Member States provide incentives for a product category covered by performance classes established in accordance with Article 4 or a label in accordance with Article 22(5), those incentives shall aim at the highest two classes.

Article 83 – paragraph 1 – subparagraph 2: Where classes of performance are defined in relation to more than one sustainability parameter, it shall be indicated therein in relation to which parameter this Article should be implemented.

Article 83 – paragraph 2: deleted / (deleted) / (deleted) / (deleted)

Article 83 – paragraph 2 a (new): 2a. Member States may also provide incentives for the promotion of environmentally friendly and sustainable construction products that are not covered by harmonised technical specifications in line with State aid rules.

Article 84 – paragraph 1: 1. Without prejudice to Directives 2014/24/EU and 2014/25/EU, the Commission is empowered to adopt delegated acts in accordance with Article 87 supplementing this Regulation by establishing sustainability requirements that shall be applied by Member States to public contracts that are specifically tendered as green public procurement contracts, including implementation, monitoring and reporting of those requirements by Member States. The first delegated act shall be adopted by the Commission by 31 December 2026. Member States and the Commission shall provide technical and financial assistance to national contracting authorities to upskill and reskill the staff in charge of green public procurement.

Article 84 – paragraph 2: 2. Sustainability requirements established pursuant to paragraph 1 for green public procurement contracts awarded by contracting authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article 3, point (1) of Directive 2014/25/EU, or contracting entities, as defined in Article 4(1) of Directive 2014/25/EU, may take the form of mandatory performance levels or technical specifications, or, as appropriate, selection criteria, award criteria or contract performance clauses, while taking into consideration the specific needs and constraints of small local authorities and of SMEs.

Article 84 – paragraph 3 – introductory part: 3. When establishing sustainability requirements pursuant to paragraph 1 for green public procurement contracts, the Commission shall, in line with paragraphs 13 and 28 of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, consult experts designated by each Member State and relevant stakeholders, carry out an impact assessment and take into account at least the following criteria:

Article 84 – paragraph 3 – point a a (new): (aa) environmental benefits entailed by the uptake of products in the highest two performance classes;

Article 84 – paragraph 3 – point c: (c) the economic feasibility for contracting authorities or contracting entities to buy more environmentally sustainable products, without entailing disproportionate costs and taking into account the availability of those products on the market;

Article 84 – paragraph 3 – point c a (new): (ca) the Members States’ regulatory needs and different climate conditions;

Article 84 – paragraph 3 – point c b (new): (cb) the impact on, and needs of, SMEs.

Article 84 – paragraph 3 a (new): 3a. Sustainability requirements established pursuant to paragraph 1 for green public procurement contracts shall not prevent Member States from establishing more ambitious requirements.

Article 84 – paragraph 3 b (new): 3b. Notwithstanding paragraphs 1 and 2, Member States may use the EU Ecolabel and other national or regional EN ISO 14024 type I ecolabelling schemes officially recognised in accordance with Article 11 of Regulation (EC) 66/2010 as award criteria, technical specifications or contract performance requirements, in line with Article 43 of Directive 2014/24/EU.

Article 88 – paragraph 1: 1. The Commission shall be guided by the Committee on Construction Products. This committee shall be a committee within the meaning of Regulation (EU) No 182/2011. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply (advisory procedure).

Article 89 – paragraph 2 – subparagraph 1: All documentation required by Article 19(7),Article 21(3), Articles 64 to 66 and Annex V can be provided on paper or in a commonly used electronic format and in a way that permits downloads via unmodifiable links (permalinks or other data carriers).

Article 89 – paragraph 2 – subparagraph 2: All information obligations set up by Article 7(3) and (4), Article 19(1), (3), (5) and (6), Article 21(6) to (9), Article 22(2), points (f) and (i), Article 23(5), Article 24(6), Article 25(2), Article 27(2), Article 28, Article 29, Article 31, Article 32, Articles 34 to 39, Article 41(3), Article 44(3), (4), (6) and (7), Article 45(3), Article 46(2), Article 47, article 49(5), Article 50(11), Article 53(1), Article 58(1), Article 59(2), Article 61, Article 70(1), (2), (4) and (6), Article 71(2), Article 72(1), (3) and (5), Article 76, Article 77, Article 79(2), Article 79(3), Article 80(2), Article 82(1) to (3), (6) and (7) and Article 91 can be satisfied by electronic means. / Information to be provided in accordance with Annex I Part C3, as well as any other information, shall be provided in paper format free of charge within one month, if requested by the consumer at the time of purchase.

Article 90 – paragraph 2 – point d a (new): (da) withholding data or technical documentation that could lead to the recall of the construction product or its components or to the refusal or withdrawal of the declaration of conformity;

Article 90 – paragraph 2 – point e a (new): (ea) making false statements during the assessment and verification procedures undergone with a view to drawing up the declarations of performance and conformity;

Article 90 – paragraph 2 – point f a (new): (fa) falsifying test results for conformity or for market surveillance;

Article 90 – paragraph 2 – point g: (g) information to be provided in accordance with Annex I Part C3 and harmonised technical specifications is missing, incomplete or incorrect;

Article 90 – paragraph 2 – point m: deleted

Article 90 – paragraph 4: deleted

Article 91 – paragraph 1: No sooner than 5 years after the date of application of this Regulation, the Commission shall carry out an evaluation of this Regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of products and construction works and built environment. The evaluation shall inter alia assess the correlation of the revised Construction Products Regulation with Regulation (EU) ... (Ecodesign for Sustainable Products Regulation). The Commission shall present a report on the main findings to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. Member States shall provide the Commission with the information necessary for the preparation of that report.

Article 92 – paragraph 1: Regulation (EU) 305/2011 is repealed with effect from [the date of entry into force of this Regulation], with the exception of Articles 2 to 9, 11, 27 and 28, which are repealed with effect from [10 years after the date of entry into force of this Regulation].

Article 92 – paragraph 1 a (new): The Articles listed in the first subparagraph shall only be applicable to European assessment documents and harmonised standards cited in accordance with Regulation (EU) 305/2011 and not withdrawn afterwards.

Article 93 – paragraph 3 – introductory part: 3. All standards that are in force on [date of application of this Regulation] shall remain valid until they are withdrawn by the Commission or otherwise repealed.

Article 93 – paragraph 3 – point a: deleted

Article 93 – paragraph 3 – point b: deleted

Article 93 – paragraph 3 – point c: deleted

Article 93 – paragraph 4: 4. European assessment documents issued before [entry into force] remain valid until [5 years after entry into force], unless they have expired for other reasons. Products placed on the market on the basis of these may be further made available on the market for another five years.

Article 93 – paragraph 5: 5. Notified bodies’ certificates and European technical assessments issued under Regulation (EU) 305/2011 remain valid for five years after the entry into force of harmonised technical specifications for the respective product family or category adopted in accordance with Article 4(2), unless these documents have expired for other reasons. Products placed on the market on the basis of these documents may be further made available on the market for another five years.

Article 93 a (new): Article 93a / Working plan for transition and standardisation priorities / 1. The Commission shall, not later than [6 months after entry into force], establish a working plan covering at least the following three-year period. / The Commission shall be supported by an expert group composed of experts designated by the Member States and representatives of European standardisation organisations and of relevant European stakeholder organisations receiving Union financing under Regulation (EU) No 1025/2012 (‘the CPR Acquis Expert Group’). / The working plan referred to in the first subparagraph shall be publicly available. The Commission shall renew and update the working plan for the following three-year period one year before its expiration as long as this Regulation remains applicable. / If the Commission considers that it cannot achieve the goals set out in the working plan, it shall amend it accordingly without undue delay. / 2. The working plan shall contain a list of product families or categories which are considered as priorities for the development of harmonised technical specifications and the issuing of standardisation requests in accordance with Article 4(2), Article 4a and Article 5 of this Regulation. This list shall be updated yearly after consultation with the CPR Acquis expert group. / 3. In establishing the priorities under paragraph 2 of this Article, the Commission shall pay particular attention to the replacement of harmonised technical specifications adopted…

Annex I – title: Requirements for construction works and products