RECOMMENDATION FOR SECOND READING on the Council 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

29.11.2010 - (10753/3/2010 – C7‑0267/2010 – 2008/0098(COD)) - ***II

Committee on the Internal Market and Consumer Protection
Rapporteur: Catherine Stihler

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the Council 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 (10753/3/2010 – C7‑0267/2010 – 2008/0098(COD))

(Ordinary legislative procedure: second reading)

The European Parliament,

–   having regard to the Council position at first reading (10753/3/2010 – C7‑0267/2010),

–   having regard to its position at first reading[1]on the Commission proposal to the European Parliament and to the Council (COM(2008)0311),

–   having regard to the amended Commission proposal (COM(2009)0579),

–   having regard to the Commission Communication to Parliament and the Council entitled ‘Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures’ (COM(2009)0665),

–   having regard to Article 294(7) of the Treaty on the Functioning of the European Union,

–   having regard to Rule 66 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on the Internal Market and Consumer Protection (A7-0343/2010),

1.  Adopts its position at second reading hereinafter set out;

2.  Approves its statement annexed to this resolution;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment  1 Council position Recital 1
Council position	Amendment
(1) The rules of Member States require that construction works be designed and executed so as not to endanger the safety of persons, domestic animals or property.	(1) The rules of Member States require that construction works be designed and executed so as not to endanger the safety of persons, domestic animals or property nor damage the environment.
(Amendment reproduces the substance of amendment 1, adopted at first reading 24 April 2009)
Amendment  2 Council position Recital 5
Council position	Amendment
(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. In order to avoid an empty declaration of performance those essential characteristics of a construction product which are relevant for the declared use or uses should be declared.
Amendment 3 Council position Recital 8 a (new)
Council position	Amendment
	(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.
Justification
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.
Amendment  4 Council position Recital 14 a (new)
Council position	Amendment
	(14a) When assessing the performance of a construction product, account should also be taken of the health and safety aspects related to its use during its entire life cycle.
(Amendment reproduces the substance of amendment 2, adopted at first reading 24 April 2009)
Amendment  5 Council position Recital 15
Council position	Amendment
(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 of the Treaty on the Functioning of the European Union (TFEU).
Justification
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 14.
Amendment  6 Council position Recital 17
Council position	Amendment
(17) The European Committee for Standardisation (CEN) and the European Committee for Electrotechnical Standardisation (CENELEC) are recognised as the competent organisations for the adoption of harmonised standards in accordance with the general guidelines for cooperation between the Commission and those two organisations signed on 28 March 2003. Manufacturers should use those harmonised standards when the references to them have been published in the Official Journal of the European Union and in accordance with the criteria established under Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services1.	(17) The European Committee for Standardisation (CEN) and the European Committee for Electrotechnical Standardisation (CENELEC) are recognised as the competent organisations for the adoption of harmonised standards in accordance with the general guidelines for cooperation between the Commission and those two organisations signed on 28 March 2003. Manufacturers should use those harmonised standards when the references to them have been published in the Official Journal of the European Union and in accordance with the criteria established under Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services1. Once a sufficient level of technical and scientific expertise on all the relevant aspects is attained, recourse to harmonised standards with regard to construction products should be increased, including, where appropriate, by mandating those standards to be developed on the basis of existing European Assessment Documents.
(Amendment reproduces the substance of amendment 5 + 120, adopted at first reading 24 April 2009)
Amendment  7 Council position Recital 21
Council position	Amendment
(21) The establishment of draft European Assessment Documents and the issuing of European Technical Assessments should be entrusted to Technical Assessment Bodies (hereinafter referred to as "TABs") designated by Member States. In order to ensure that TABs have the necessary competence for carrying out those tasks, the requirements for their designation should be set out at Union level.	(21) The establishment of draft European Assessment Documents and the issuing of European Technical Assessments should be entrusted to Technical Assessment Bodies (hereinafter referred to as "TABs") designated by Member States. In order to ensure that TABs have the necessary competence for carrying out those tasks, the requirements for their designation should be set out at Union level. The designated TABs should be self-financed, where possible.
Amendment  8 Council position Recital 22
Council position	Amendment
(22) TABs should establish an organisation (hereinafter referred to as an "organisation of TABs"), supported, where applicable, through Union financing, to coordinate procedures for the establishment of draft European Assessment Documents and for the issuing of the European Technical Assessments.	(22) TABs should establish an organisation (hereinafter referred to as an "organisation of TABs"), supported, where applicable, through Union financing, to coordinate procedures for the establishment of draft European Assessment Documents and for the issuing of the European Technical Assessments, ensuring the transparency and the necessary confidentiality of those procedures.
(Amendment reproduces the substance of amendment 11, adopted at first reading 24 April 2009)
Amendment  9 Council position Recital 24
Council position	Amendment
(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 market1, 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 policy2, 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 Agency3, Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste4 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 mixtures5.	(24) Where applicable, the declaration of performance should be accompanied by information on the content of hazardous substances in the construction product in order to improve the possibilities for sustainable construction and to facilitate the development of environmentally-friendly products. Such information should be provided without prejudice to the obligations, particularly with regard to labelling, laid down in other instruments of Union law applicable to hazardous substances and should be made available at the same time and in the same form as the declaration of performance so as to reach all potential users of construction products. Information on the content of hazardous substances should initially be limited to substances referred to in Articles 31 and 33 of 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. However, the specific needs for information on the content of hazardous substances in construction products should be further investigated with a view to completing the range of substances covered so as to ensure a high level of protection of the health and safety of workers using construction products and of users of construction works, including with regard to recycling and/or re-use requirements of parts or materials. 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 market1, 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 policy2, 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 Agency3, Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste4 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 mixtures5.
Amendment  10 Council position Recital 24 a (new)
Council position	Amendment
	(24a) The declaration of performance may be numbered in accordance with the product-type reference number.
(Amendment reproduces the substance of amendments 49 and 101 adopted at first reading 24 April 2009)
Amendment 11 Council position Recital 34
Council position	Amendment
(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) Conditions should be defined for the use of simplified procedures for the assessment of performance of construction products, in order to decrease as far as possible the cost of placing them on the market, without reducing the level of safety. The manufacturers using such simplified procedures should demonstrate appropriately the fulfilment of those conditions.
(New amendment from EP according to rule 66.2 (b) and rule 66.3)
Amendment  12 Council position Recital 34 a (new)
Council position	Amendment
	(34a) In order to enhance the impact of market surveillance measures, all simplified procedures provided for in this Regulation for assessing performance of construction products should apply only to natural or legal persons which manufacture the products they place on the market.
(Amendment reproduces the substance of amendment 18, adopted at first reading 24 April 2009)
Amendment  13 Council position Recital 36 a (new)
Council position	Amendment
	(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  14 Council position Recital 37
Council position	Amendment
(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 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.	(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 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.
Justification
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.
Amendment  15 Council position Recital 39
Council position	Amendment
(39) In order to facilitate the free movement of goods, Product Contact Points for Construction should provide, free of charge, information about provisions aimed at fulfilling basic requirements for construction works applicable to the intended use of each construction product in the territory of each Member State. Product Contact Points may also provide economic operators with additional information or observations. For additional information, Product Contact Points should be allowed to charge fees that are proportionate to the costs of providing such information or observations.	(39) In order to facilitate the free movement of goods, Product Contact Points for Construction should provide, free of charge, information about provisions aimed at fulfilling basic requirements for construction works applicable to the intended use of each construction product in the territory of each Member State. Product Contact Points may also provide economic operators with additional information or observations. For additional information, Product Contact Points should be allowed to charge fees that are proportionate to the costs of providing such information or observations. Member States should furthermore ensure that sufficient resources are allocated to the Product Contact Points.
Amendment  16 Council position Recital 40 a (new)
Council position	Amendment
	(40a) The Product Contact Points for Construction should be able to carry out their functions in a manner that avoids conflict of interest, particularly in respect of the procedures for obtaining the CE marking.
(Amendment reproduces the substance of amendment 58, adopted at first reading 24 April 2009)
Amendment  17 Council position Recital 46 a (new)
Council position	Amendment
	(46a) In this respect, the Commission should be empowered to adopt delegated acts outlining the conditions for the use of websites to make available the declaration of performance. Until any such delegated acts are adopted the use of websites should continue to be permitted in line with current practice.
Amendment  18 Council position Recital 49 a (new)
Council position	Amendment
	(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.
Amendment  19 Council position Recital 50 a (new)
Council position	Amendment
	(50a) Wherever possible, uniform European provisions should be laid down for establishing compliance with the basic requirements set out in Annex I.
Justification
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.
Amendment  20 Council position Recital 51 a (new)
Council position	Amendment
	(51a) Measures should be taken to speed up the adoption of European standards, as well as their translation into all the official languages of the Union. A balanced participation of stakeholders in the technical committees or working groups of European standardisation bodies should be ensured so that no category of stakeholders is disproportionately represented . Conflicts of interest among those stakeholders should be prevented.
(Amendment reproduces the substance of amendments 22 and 118, adopted at first reading 24 April 2009)
Amendment  21 Council position Article 2 – paragraph 1 – point 1
Council position	Amendment
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;
Justification
Linguistic alteration.
Amendment  22 Council position Article 4 – paragraph 1
Council position	Amendment
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 or conforms to a harmonised standard or a European Technical Assesment or 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.
Justification
The proposed amendment seeks to achieve greater transparency in the technical rules and an improvement in their technical feasibility.
Amendment  23 Council position Article 4 – paragraph 2
Council position	Amendment
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 or conforms to a harmonised standard or a European Technical Assessment or European Assesment 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, may be provided only if included and specified in the declaration of performance.
Amendment  24 Council position Article 5 – paragraph 1 – introductory part
Council position	Amendment
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 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:
Amendment  25 Council position Article 5 – paragraph 1 – point a
Council position	Amendment
a) the construction product is individually manufactured or custom-made 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;	a) the assessment and verification of constancy of performance is established on the basis of System 3 or 4 and the construction product is individually manufactured or custom-made in a non-series process in response to a specific order for a single identified construction work;
Justification
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.
Amendment  26 Council position Article 5 – paragraph 1 – point c
Council position	Amendment
(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 or in a manner appropriate to heritage conservation and in a non-industrial process, particularly 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.
Justification
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.
Amendment  27 Council position Article 6 – paragraph 2 – point c
Council position	Amendment
(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;
Amendment  28 Council position Article 6 – paragraph 3 – point c
Council position	Amendment
(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 those essential characteristics of the construction product which are relevant for the declared intended use or uses;
Amendment  29 Council position Article 6 – paragraph 3 – point d
Council position	Amendment
(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);
Justification
The performance of products may in certain cases also be determined on the basis of a calculation.
Amendment  30 Council position Article 6 – paragraph 3 – point e
Council position	Amendment
(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 essential characteristics related to the declared intended use or uses;
Amendment  31 Council position Article 6 – paragraph 4 a (new)
Council position	Amendment
	4a. The information referred to in Article 31 or, as the case may be, in Article 33 of Regulation (EC) No 1907/2006, shall be provided together with the declaration of performance.
Amendment  32 Council position Article 7 – paragraph 1
Council position	Amendment
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 shall be supplied in electronic form for each product which is made available on the market
	The delaration of performance shall be supplied in hard copy only if the recipient requests it.
However, where a bath of the same product is supplied to a single user, it may be accompanied by a single copy of the declaration of performance.
Amendment  33 Council position Article 7 – paragraph 2
Council position	Amendment
2. The copy of the declaration of performance may be supplied by electronic means only with the express agreement of the recipient.	deleted
(Amendment reproduces the substance of amendment 51 adopted at first reading 24 April 2009)
Amendment  34 Council position Article 7 – paragraph 3
Council position	Amendment
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 60.	3. By way of derogation from paragraph 1, 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 60. Such conditions shall inter alia guarantee that the declaration of performance remains available at all times.
Amendment   35 Council position Article 8 – paragraph 2 – subparagraph 1 and 2
Council position	Amendment
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 and 6.
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 and 6, the CE marking shall not be affixed.
Amendment  36 Council position Article 9 – paragraph 2
Council position	Amendment
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 applied.	2. The CE marking shall be followed by the two last digits of the year in which it was first affixed, the name and the registered address of the manufacturer, or the identifying mark allowing identification of the name and address of the manufacturer easily and without any ambiguity, 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 applied.
Justification
The timber industry would struggle to implement the regulation as it currently stands because of practical restrictions related to the size and nature of the product. This amendment will allow for the same information to be provided, but applied in a way that is acceptable to industry.
Amendment  37 Council position Article 9 – paragraph 3 a (new)
Council position	Amendment
	(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. Member States shall also provide for penalties for infringements, which may include criminal sanctions for serious infringements. Those penalties shall be proportionate to the seriousness of the offence and shall constitute an effective deterrent against improper use.
(Amendment reproduces the substance of amendment 56, adopted at first reading 24 April 2009. It is from Article R12 in Decision 768/2008)
Amendment  38 Council position Article 10 – paragraph 3
Council position	Amendment
3. With regard to the tasks defined in Article 10(1) of Regulation (EC) No 764/2008, each Member State shall ensure that the Product Contact Points for Construction provide information on the provisions within its territory aimed at fulfilling basic requirements for construction works applicable for the intended use of each construction product, as provided for in Article 6(3)(e) of this Regulation.	3. With regard to the tasks defined in Article 10(1) of Regulation (EC) No 764/2008, each Member State shall ensure that the Product Contact Points for Construction provide information, using transparent and easily understandable terms, on the provisions within its territory aimed at fulfilling basic requirements for construction works applicable for the intended use of each construction product, as provided for in Article 6(3)(e) of this Regulation.
(Amendment reproduces the substance of amendment 57 adopted at first reading 24 April 2009)
Amendment  39 Council position Article 10 – paragraph 3 a (new)
Council position	Amendment
	(3a) Product Contact Points for Construction shall be able to carry out their functions in a manner that avoids conflict of interest, particularly in respect of the procedures for obtaining the CE marking.
Amendment  40 Council position Article 11 – paragraph 1 – subparagraph 1
Council position	Amendment
1. Manufacturers shall draw up a declaration of performance in accordance with Articles 4 to 7, and affix the CE marking in accordance with Articles 8 and 9.	1. Manufacturers shall draw up a declaration of performance in accordance with Articles 4 and 6, and affix the CE marking in accordance with Articles 8 and 9.
Amendment  41 Council position Article 11 – paragraph 8 a (new)
Council position	Amendment
	8a. When placing construction products on the market, manufacturers shall ensure that they have been designed and manufactured in accordance with the requirements set out in this Regulation and in accordance with the applicable basic works requirements and the essential characteristics relevant for the intended use or uses of the construction products.
Justification
Provision taken from the Decision 768/2008. The proposal reiterates and highlights the main mechanism of the regulation stated in the first article Subject matter. We consider it important to supplement the text taken from the NLF with particular features of this Regulation
Amendment  42 Council position Article 13 – paragraph 2 – subparagraph 1
Council position	Amendment
Before placing a construction product on the market, importers shall ensure that the assessment and the verification of constancy of performance has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation referred to in the second subparagraph of Article 11(1) and the declaration of performance in accordance with Articles 4, 6 and 7. They shall also ensure that the product, where required, bears the CE marking, that the product is accompanied by the required documents and that the manufacturer has complied with the requirements set out in Article 11(4) and (5).	Before placing a construction product on the market, importers shall ensure that the assessment and the verification of constancy of performance has been carried out by the manufacturer, in accordance with the applicable basic works requirements and the essential characteristics relevant for the intended use. They shall ensure that the manufacturer has drawn up the technical documentation referred to in the second subparagraph of Article 11(1) and the declaration of performance in accordance with Articles 4 and 6. They shall also ensure that the product, where required, bears the CE marking, that the product is accompanied by the required documents and that the manufacturer has complied with the requirements set out in Article 11(4) and (5).
Justification
The proposal reiterates and highlights the main mechanism of the regulation stated in the first article “Subject matter”. It is important to supplement the text taken from the NLF with particular features of this Regulation
Amendment  43 Council position Article 13 – paragraph 2 – subparagraph 2
Council position	Amendment
Where an importer considers or has reason to believe that the construction product is not in conformity with the declaration of performance or not in compliance with other applicable requirements in this Regulation, he shall not place the construction product on the market until it conforms to the accompanying declaration of performance and it complies with the other applicable requirements in this Regulation or until the declaration of performance is corrected. Furthermore, where the construction product presents a risk, the importer shall inform the manufacturer and the market surveillance authorities thereof.	Where an importer considers or has reason to believe that the construction product is not in conformity with the declaration of performance or not in compliance with other applicable requirements in this Regulation, in particular those related to the essential characteristics relevant for the declared intended use or uses, he shall not place the construction product on the market until it conforms to the accompanying declaration of performance and it complies with the other applicable requirements in this Regulation or until the declaration of performance is corrected. Furthermore, where the construction product presents a risk, the importer shall inform the manufacturer and the market surveillance authorities thereof.
Justification
Essential characteristics need to be declared, according to art. 5.3 and importers should, in particular, be aware of this task.
Amendment  44 Council position Article 14 – paragraph 2 – subparagraph 2
Council position	Amendment
Where a distributor considers or has reason to believe that a construction product is not in conformity with the declaration of performance or not in compliance with other applicable requirements in this Regulation, he shall not make the product available on the market until it conforms to the accompanying declaration of performance and it complies with the other applicable requirements in this Regulation or until the declaration of performance is corrected. Furthermore, where the product presents a risk, the distributorshall inform the manufacturer or the importer thereof, and the market surveillance authorities.	Where a distributor considers or has reason to believe that a construction product is not in conformity with the declaration of performance or not in compliance with other applicable requirements in this Regulation, in particular those related to the essential characteristics relevant for the declared intended use or uses, he shall not make the product available on the market until it conforms to the accompanying declaration of performance and it complies with the other applicable requirements in this Regulation or until the declaration of performance is corrected. Furthermore, where the product presents a risk, the distributorshall inform the manufacturer or the importer thereof, and the market surveillance authorities.
Justification
Essential characteristics need to be declared, according to art. 5.3 and distributors, mainly the wholesale ones should, in particular, be aware of this task.
Amendment  45 Council position Article 17 – paragraph 1 a (new)
Council position	Amendment
	(1a) Where stakeholders are involved in the process of developing harmonised standards pursuant to this Article, the European standardisation bodies shall ensure that the various categories of stakeholders are in all instances represented in a fair and balanced manner.
(Amendment reproduces the substance of amendment 118, adopted at first reading 24 April 2009)
Amendment  46 Council position Article 18 – paragraph 1
Council position	Amendment
When a Member State or the Commission considers that a harmonised standard does not entirely satisfy the requirements set out in the relevant mandate, the Member State concerned or the Commission shall bring the matter before the Committee set up under Article 5 of Directive 98/34/EC, giving its arguments. That Committee shall, after having consulted the relevant European standardisation bodies and the Standing Committee on Construction, deliver its opinion without delay.	When a Member State or the Commission considers that a harmonised standard does not entirely satisfy the requirements set out in the relevant mandate, the Member State concerned or the Commission, after having consulted the Standing Committee on Construction, shall bring the matter before the Committee set up under Article 5 of Directive 98/34/EC, giving its arguments. That Committee shall, after having consulted the relevant European standardisation bodies deliver its opinion without delay.
Amendment  47 Council position Article 19 – paragraph 3
Council position	Amendment
3. The Commission may adopt delegated acts in accordance with Article 60 to amend Annex II and establish additional procedural rules for the development and adoption of a European Assessment Document.	deleted
Justification
It would be going too far to allow additional procedural rules to be adopted under the commitology procedure. The first half of the sentence also allows too much scope in this regard. Annex II establishes clear rules on drawing up the European Assessment Document. They must not be expanded or added to. If this were nonetheless to be done, essential characteristics would be involved.
Amendment  48 Council position Article 19 – paragraph 3 a (new)
Council position	Amendment
	(3a) Where appropriate, the Commission shall take existing European Assessment Documents as a basis for the mandates to be issued under Article 17(1) with a view to developing harmonised standards as regards products referred to in paragraph 1 of this Article.
(Amendment reproduces the substance of amendment 120 + 5, adopted at first reading 24 April 2009)
Amendment  49 Council position Article 21 – title
Council position	Amendment
Obligations of the responsible TAB when receiving a request for a European Technical Assessment	Obligations of the TAB receivinga request for a European Technical Assessment
Amendment  50 Council position Article 21 – paragraph 1
Council position	Amendment
1. The TAB receiving a request for a European Technical Assessment (hereinafter referred to as the "responsible TAB") shall inform the manufacturer if the construction product is covered, fully or partially, by a harmonised technical specification as follows:	1. The TAB receiving a request for a European Technical Assessment shall inform the manufacturer if the construction product is covered, fully or partially, by a harmonised technical specification as follows:
(a) where the product is fully covered by a harmonised standard, the responsible TAB shall inform the manufacturer that, in accordance with Article 19(1), a European Technical Assessment cannot be issued;	(a) where the product is fully covered by a harmonised standard, the TAB shall inform the manufacturer that, in accordance with Article 19(1), a European Technical Assessment cannot be issued;
(b) where the product is fully covered by a European Assessment Document, the responsible TAB shall inform the manufacturer that such a document will be used as the basis for the European Technical Assessment to be issued;	(b) where the product is fully covered by a European Assessment Document, the TAB shall inform the manufacturer that such a document will be used as the basis for the European Technical Assessment to be issued;
(c) where the product is not covered, or not fully covered, by any harmonised technical specification, the responsible TAB shall apply the procedures set out in Annex II or those established in accordance with Article 19(3).	(c) where the product is not covered, or not fully covered, by any harmonised technical specification, the TAB shall apply the procedures set out in Annex II or those established in accordance with Article 19(3).
Amendment  51 Council position Article 21 – paragraph 2
Council position	Amendment
2. In cases referred to in paragraph 1(b) and (c), the responsible TAB shall inform the organisation of TABs and the Commission of the content of the request and of the reference to a relevant Commission decision for assessment and verification of constancy of performance, which the responsible TAB intends to apply for that product, or of the lack of such a Commission decision.	2. In cases referred to in paragraph 1(b) and (c), the TAB shall inform the organisation of TABs and the Commission of the content of the request and of the reference to a relevant Commission decision for assessment and verification of constancy of performance, which the TAB intends to apply for that product, or of the lack of such a Commission decision.
Amendment  52 Council position Article 22
Council position	Amendment
European Assessment Documents adopted by the organisation of TABs shall be sent to the Commission, which shall publish a list of references of the adopted European Assessment Documents in the Official Journal of the European Union.	European Assessment Documents adopted by the organisation of TABs shall be sent to the Commission, which shall publish a list of references of the final European Assessment Documents in the Official Journal of the European Union.
The Commission shall publish any updates to that list.	The Commission shall publish any updates to that list.
Amendment  53 Council position Article 24 – paragraph 1
Council position	Amendment
1. A European Assessment Document shall contain, at least, a general description of the construction product, the essential characteristics and the methods and criteria for assessing the performance in relation to its essential characteristics, which are related to its use as foreseen by the manufacturer. In particular, a European Assessment Document shall contain the list of essential characteristics, relevant for the intended use of the product and agreed between the manufacturer and the organisation of TABs.	1. A European Assessment Document shall contain, at least, a general description of the construction product, the list of essential characteristics, relevant for the intended use of the product as foreseen by the manufacturer, and agreed between the manufacturer and the organisation of TABs, as well as the methods and criteria for assessing the performance of the product in relation to those essential characteristics.
Amendment  54 Council position Article 29 – paragraph 1
Council position	Amendment
1. Member States may designate TABs within their territories, notably for one or several product areas listed in Table 1 of Annex IV.	1. Member States may designate TABs within their territories, notably for one or several product areas listed in Table 1 of Annex IV.
Member States which have designated a TAB shall communicate to the other Member States and the Commission its name and address and the product areas for which that TAB is designated.	Member States which have designated a TAB shall communicate to the other Member States and the Commission its name and address and the product areas and/or construction products for which that TAB is designated.
The amendment is horizontal and therefore "and/or construction products" should be added to Article 30(1) & (2), point 2. of Annex II and Table 2 of Annex IV (within the first list of requirements, points (b), (c) & (e ))
Amendment  55 Council position Article 29 – paragraph 2
Council position	Amendment
The Commission shall make publicly available by electronic means the list of TABs indicating the product areas and/or construction products for which they are designated.	The Commission shall make publicly available by electronic means the list of TABs indicating the product areas and/or construction products for which they are designated, endeavouring to achieve the highest possible level of transparency.
The Commission shall make any updates to that list publicly available.	The Commission shall make any updates to that list publicly available.
(The amendment reproduces the substance of amendment 73, adopted 24 April 2009)
Amendment  56 Council position Article 30 – paragraph 1 a (new)
Council position	Amendment
	(1a) The TABs shall make publicly available their organigramme and the names of the Members of their internal decision-making bodies.
(The amendment reproduces the substance of amendment 73, adopted 24 April 2009)
Amendment  57 Council position Article 31 – paragraph 4 – subparagraph 1 – point a
Council position	Amendment
(a) organise the coordination of the TABs and ensure cooperation with other stakeholders;	(a) organise the coordination of the TABs and ensure cooperation and consultation with other stakeholders, if necessary;
(The amendment reproduces the substance of amendment 73, adopted 24 April 2009)
Amendment  58 Council position Article 31 – paragraph 4 – subparagraph 1 – point a a (new)
Council position	Amendment
	(aa) ensure that examples of best practice are shared between TABs to promote greater efficiency and provide a better service to industry;
(The amendment reproduces the substance of amendment 73, adopted 24 April 2009)
Amendment  59 Council position Article 31 – paragraph 4 – subparagraph 1 – point f a (new)
Council position	Amendment
	(fa) use working groups representing all stakeholders to fulfil its tasks.
Amendment  60 Council position Article 34 – paragraph 2
Council position	Amendment
2. The Commission shall evaluate the relevance of the tasks set out in Article 31(4) that receive Union financing in the light of the requirements of Union policies and legislation, and inform the European Parliament and the Council of the outcome of that evaluation by 1 January 2017 and every five years thereafter.	2. The Commission shall evaluate the relevance of the tasks set out in Article 31(4) that receive Union financing in the light of the requirements of Union policies and legislation, and inform the European Parliament and the Council of the outcome of that evaluation by 1 January 2017 and every four years thereafter.
(New amendment in accordance with rule 66.3)
Amendment  61 Council position Article 36 – paragraph 1 – point c
Council position	Amendment
(c) 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 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.	(c) the construction product, covered by a harmonised standard, 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 standard. 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 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  62 Council position Article 37
Council position	Amendment
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 compliance of the construction product with the applicable requirements by means of a Specific Technical Documentation.	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, subject to conditions laid down there. 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 compliance of the construction product with the applicable requirements by means of a Specific Technical Documentation and shall demonstrate the equivalence of the procedures used to the procedures prescribed in the harmonised technical specifications.
Justification
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.
Amendment  63 Council position Article 38 – paragraph 1
Council position	Amendment
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 Documentation demonstrating compliance of that product with the applicable requirements.	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 Documentation demonstrating compliance of that product with the applicable requirements and equivalence of the procedures employed with the procedures prescribed in the harmonised technical specifications.
Justification
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.
Amendment  64 Council position Article 43 – paragraph 5
Council position	Amendment
5. A notified body and its personnel shall carry out the third party tasks in the process of assessment and verification of constancy of performance with the highest degree of professional integrity and requisite technical competence in the specific field and must be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of their assessment and/or verification activities, especially from persons or groups of persons with an interest in the results of those activities.	5. A notified body and its personnel shall carry out, with transparency as regards the manufacturer, the third party tasks in the process of assessment and verification of constancy of performance with the highest degree of professional integrity and requisite technical competence in the specific field and must be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of their assessment and/or verification activities, especially from persons or groups of persons with an interest in the results of those activities.
(Amendment reproduces the substance of amendment 86, adopted 24 April 2004)
Amendment  65 Council position Article 60 – paragraph 1 – point a
Council position	Amendment
(a) the determination, where appropriate, of the essential characteristics or threshold levels within specific families of construction products, in relation to which, in accordance with Articles 3 to 6, the manufacturer shall declare, in relation to their intended use, by levels or classes, or in a description, the performance of the manufacturer's product when it is placed on the market;	(a) the determination of the essential characteristics or threshold levels within specific families of construction products, in relation to which, in accordance with Articles 3 to 6, the manufacturer shall declare, in relation to their intended use, by levels or classes, or in a description, the performance of the manufacturer's product when it is placed on the market;
Amendment  66 Council position Article 61 – paragraph 1
Council position	Amendment
1. The powers to adopt delegated acts referred to in Article 60 shall be conferred on the Commission for a period of five years from ...* The Commission shall make a report in respect of the delegated powers at the latest six months before the end of the five-year period. The delegation of powers shall be automatically extended for periods of an identical duration, unless the European Parliament or the Council revokes it in accordance with Article 62.	1. The powers to adopt delegated acts referred to in Article 60 shall be conferred on the Commission for a period of five years from ...* The Commission shall make a report in respect of the delegated powers at the latest six months before the end of the five-year period. The delegation of powers shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council revokes it in accordance with Article 62
Amendment  67 Council position Article 63 – paragraph 1
Council position	Amendment
1. The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification.	1. The European Parliament or the Council may object to a delegated act within a period of three months from the date of notification.
At the initiative of the European Parliament or the Council this period shall be extended by two months.	At the initiative of the European Parliament or the Council this period shall be extended by three months.
(New amendment in accordance with rule 66.2 (d))
Amendment  68 Council position Article 64 – paragraph 2 a (new)
Council position	Amendment
	(2a) Member States shall ensure that the members of the Committee referred to paragraph 1 are independent of the relevant parties involved in the assessment and the verification of constancy of the performance related to essential characteristics of construction products.
(Amendment reproduces the substance of amendment 88, adopted 24 April 2009)
Amendment  69 Council position Article 67 – paragraph 1 a (new)
Council position	Amendment
	In that report, the implementation of Article 37 shall also be included considering inter alia whether its application could be extended to other undertakings, whether to adapt it to small series production, or whether to repeal it.
(Amendment reproduces 112, adopted 24 April 2009)
Amendment  70 Council position Article 67 - paragraph 1 b (new)
Council position	Amendment
	By ...*, the Commission shall assess the specific need for information on the content of hazardous substances in construction products with a view to possibly extending the information obligation provided for in Article 6(4a) to other substances, and shall report to the European Parliament and to the Council. In its assessment, the Commission shall take into account, inter alia, the need to ensure a high level of protection of the health and safety of workers using construction products and of users of construction works, including with regard to recycling and/or re-use requirements of parts or materials. The report shall be accompanied by any appropriate legislative proposals.
	*OJ: please insert the date 3 years from the entry into force of this Regulation
Amendment  71 Council position Annex I – introductory part
Council position	Amendment
Construction works as a whole and in their separate parts must be fit for their intended use. Subject to normal maintenance, construction works must satisfy these basic requirements for construction works for an economically reasonable working life.	Construction works as a whole and in their separate parts must be fit for their intended use, taking into account in particular the health and safety of persons involved throughout the life cycle of the works. Subject to normal maintenance, construction works must satisfy these basic requirements for construction works for an economically reasonable working life.
(Amendment reproduces the substance of amendment 90, adopted 24 April 2009)
Amendment  72 Council position Annex I – part 3 – paragraph 1 – introductory part
Council position	Amendment
The construction works must be designed and built in such a way that they will not be a threat to the hygiene or health of their occupants or neighbours, nor have an exceedingly high impact, over their entire life cycle, on the environmental quality or on the climate, during their construction, use and demolition, in particular as a result of any of the following:	The construction works must be designed and built in such a way that they will, throughout their life cycle, not be a threat to the hygiene or health and safety of their workers, occupants or neighbours, nor have an exceedingly high impact, over their entire life cycle, on the environmental quality or on the climate, during their construction, use and demolition, in particular as a result of any of the following:
(Amendment reproduces the substance of amendment 91, adopted 24 April 2009)
Amendment  73 Council position Annex I – part 3 – paragraph 1 – point d
Council position	Amendment
(d) the release of dangerous substances into ground water, marine waters or soil;	(d) the release of dangerous substances into ground water, marine waters, lakes, river systems or soil;
Amendment  74 Council position Annex I – part 6
Council position	Amendment
The construction works and their heating, cooling, lighting and ventilation installations must be designed and built in such a way that the amount of energy they require in use shall be low, when account is taken of the occupants and of the climatic conditions of the location.	The construction works and their heating, cooling, lighting and ventilation installations must be designed and built in such a way that the amount of energy they require in use shall be low, when account is taken of the occupants and of the climatic conditions of the location. Construction works must also be energy-efficient, using as little energy as possible during their life cycle.
(Amendment reproduces the substance of amendment 92, adopted 24 April 2009)
Amendment  75 Council position Annex I – part 7 – heading
Council position	Amendment
7. Sustainable use of natural resources	7. Sustainable use of natural resources in construction works
Justification
It is important to address the construction level in the title to avoid misunderstandings.
Amendment  76 Council position Annex I – part 7 – paragraph 1 – introductory part
Council position	Amendment
The construction works must be designed, built and demolished in such a way that the use of natural resources is sustainable and ensure the following:	The construction works must be designed, built and demolished in such a way that the use of natural resources is sustainable and in particular ensure the following:
Amendment  77 Council position Annex I – part 7 – paragraph 1 – point a
Council position	Amendment
(a) recyclability of the construction works, their materials and parts after demolition;	(a) re-use or recyclability of the construction works, their materials and parts after demolition;
Amendment  78 Council position Annex II – part 1
Council position	Amendment
When a manufacturer makes a request for a European Technical Assessment to any TAB for a construction product, and after the manufacturer and the TAB have signed an agreement of commercial secrecy and confidentiality, he shall submit to the responsible TAB a technical file describing the product, its use as foreseen by the manufacturer and details of the factory production control he intends to apply.	When a manufacturer makes a request for a European Technical Assessment to any TAB for a construction product, and after the manufacturer and the TAB have signed an agreement of commercial secrecy and confidentiality, if requested by the manufacturer, he shall submit to the TAB (hereinafter referred as the "responsible TAB") a technical file describing the product, its use as foreseen by the manufacturer and details of the factory production control he intends to apply.
Amendment  79 Council position Annex II – part 5 – title
Council position	Amendment
5. Commission participation	5. Participation by the Commission and the manufacturer
Justification
Manufacturers too must be permitted to participate.
Amendment  80 Council position Annex II – part 5 – paragraph 1
Council position	Amendment
A Commission representative may participate, as observer, to all the parts of the execution of the work programme.	A Commission representative and a representative of the manufacturer may participate, as observers, in all the parts of the execution of the work programme.
Justification
Manufacturers too must be permitted to participate.
Amendment  81 Council position Annex II – part 7 – paragraph 1 – point c
Council position	Amendment
(c) send a copy to the Commission.	(c) send a copy to the Commission after consultation of the committee in accordance with Article 64.
Amendment  82 Council position Annex II – part 7 – paragraph 2
Council position	Amendment
If, within fifteen working days of receipt, the Commission communicates to the organisation of TABs its observations on the draft European Assessment Document, the organisation of TABs shall amend the draft accordingly and shall send a copy of the adopted European Assessment Document to the manufacturer and the Commission.	If, within fifteen working days of receipt, the Commission communicates to the organisation of TABs its observations on the copy of the European Assessment Document, the organisation of TABs shall examine the observations and shall send a copy of the European Assessment Document, as then amended or without amendment, as the case may be, to the manufacturer and the Commission.
Justification
The formulation is misleading, as the draft has already been adopted at (b) and therefore no longer constitutes a draft. Moreover, the influence to be brought to bear by the Commission, which evidently is always intended to result in amendment, is not acceptable in this form.
Amendment  83 Council position Annex III – title
Council position	Amendment
Declaration of performance No. … ...................	deleted
Justification
It is not clear why a further number is needed in addition to the identification code referred to at 1.

• [1]  OJ C 184 E, 8.7.2010, p. 441..

EXPLANATORY STATEMENT

Construction Products Regulation

Introduction

“Good fences make good neighbours” from “Mending Wall” by Robert Frost

Across the EU, there are still too “many fences” creating barriers to trade in the construction sector. “Good neighbours” sadly still use national technical rules to prevent the free movement of goods and services in the construction sector. As Professor Monti commented in his report "A NEW STRATEGY FOR THE SINGLE MARKET" (published 9 May 2010): “Europe is still in a phase of “market construction” that requires breaking down barriers to cross border activity, cutting dead wood of national administrative and technical barriers and overcoming corporate resistances.”(p. 37)

The need for action on the marketing of construction products in the EU is vitally important in the context of the scale of the sector. According to CEN (The European Committee for Standardization) the “construction sector is one of Europe’s biggest industries accounting for 10% of GDP and 50,5% of gross fixed capital. The sector employs directly 12 million EU citizens with 26 million workers dependent on the sector. In addition approximately 92% of manufacturers of construction materials amounting to 65,000 enterprises are SMEs with fewer than 250 employees. As SMEs are the back-bone of our economy, this proposal requires to recognise their role and needs. In this context we also require to recognise the need for high levels of health and safety for those working in this sector. As the German Health and Safety Authority states in Germany alone, 1 construction worker in 5000 suffers a fatal accident during their working life.

The economic down turn has hit the EU construction industry hard with companies across the EU going bankrupt and workers losing their livelihoods. Any action which can be taken to help the construction sector is a welcome boost. The review of the Construction Products Directive (89/106/EEC) in this context is a much needed boost which should help the sector by removing barriers to trade to manufacturers and in turn help companies stay in business and workers remain in employment.

The proposal for a Regulation on harmonised conditions for the marketing of the construction products (COM(2008)311) is intended to update, simplify and replace the Construction Products Directive in light of changed circumstances concerning e.g. market surveillance, including the New Legislative framework (the Regulation 765/2008/EC on market surveillance and the Decision 768/2008/EC on common framework for the marketing of products).

After the adoption of the first reading in the European Parliament 24 April 2009, the Position of the Council of first reading was adopted 13 September 2010.

Declaration of Performance (CE marking)

The Position of the Council of first reading has adopted derogations from drawing up a declaration of performance (DoP) and thereby allow situations where it is not obligatory to add the CE marking to a product - e.g. in the case of individually and custom-made products in a non-series process etc. The Rapporteur has sought to limit this exemption by emphasising that this is only possible for products in the systems 3 and 4 (amendment 16). This would ensure a level playing field where quality is essential whilst ensuring safety.

Hazardous Substances                                                                                          

The need to be able to trace hazardous substance back to products is vitally important. If we knew where asbestos lay in buildings, workers involved in the construction and residents of buildings alike would not have had to suffer from conditions such as mesotheliaoma. Parliament's first reading's insistence on the declaration of hazardous substances was removed in the Position of the Council of first reading. The re-tabling of the amendments (amendments 7, 17, 49) on hazardous substances is important for future health and safety and transparency.

Product Contact Points

The need for National Product Contact Points for Construction where individuals and companies can ask for impartial advice on a particular construction product would help the internal market and in particular smaller players who are looking at innovative product development.

As the IMCO Committee has already been aware of the pressures on SOLVIT centres, we need to be far clearer that the Member States will fund the Product Contact Points and that there will be impartiality, e.g. that they are independent of any relevant body involved in the process of obtaining a CE marking (amendments 10, 11, 22).

Transparency

The need for independence and transparency is essential for the technical assessment bodies. Therefore a set of minimum standards on transparency should be promoted. The organisation of TABs should list the names and positions of their internal decision making bodies. A balanced and fair representation of stakeholders in the technical committees and working groups of European Standardisation bodies should be ensured and conflicts of interests should be avoided. The Member States shall furthermore secure that the members of The Standing Committee on Construction are independent of the relevant parties involved in the assessment and verification of constancy of the products (amendments 6, 14, 21, 25, 35, 36, 38, 43).

Recycling of construction products

In line with other Directives and Regulations, the Rapporteur has addressed the need for the recycling of products and the promotion of use of recycled products in order for us to meet our EU climate change targets (amendments 1 and 13).

Health and Safety

The issue of health and safety within the construction sector requires greater emphasis. The construction sector remains today as one of the most dangerous areas of employment with still too many people dying whilst working. The Rapporteur has therefore included guidelines in this report (amendments 3, 45, 46), stressing the need to maintain the highest level of protection for both workers and building users.

e-communication

The need for e-communication and use of new IT methods to improve the single market in construction products is important as we look to the future. The Rapporteur would like to see the construction sector supported in developing methods to communicate more effectively through this medium instead of in hard copies (amendment 18).

Delegated acts

Finally the amendments on the delegated acts have been drafted along the lines of existing legislation (the Pets Regulation (EU) N°438/2010) and the European Parliament's position in first reading to the Commission proposal COM(2009)0491 amending the Prospectus Directive[1], in order to secure the European Parliament's power (amendments 12, 41, 42).

• [1]  P7_TA(2010)0227, 17.6.2010

PROCEDURE

Title	Harmonised conditions for the marketing of construction products
References	10753/3/2010 – C7-0267/2010 – 2008/0098(COD)
Date of Parliament’s first reading – P number	24.4.2009                     T6-0320/2009
Commission proposal	COM(2008)0311 - C6-0203/2008
Amended Commission proposal	COM(2009)0579
Receipt of Council position at first reading announced in plenary	23.9.2010
Committee responsible        Date announced in plenary	IMCO 23.9.2010
Rapporteur(s)        Date appointed	Catherine Stihler 1.4.2010
Discussed in committee	29.9.2010		5.10.2010		11.10.2010
Date adopted	22.11.2010
Result of final vote	+: –: 0:	36 1 0
Members present for the final vote	Pablo Arias Echeverría, Cristian Silviu Buşoi, Anna Maria Corazza Bildt, António Fernando Correia De Campos, Jürgen Creutzmann, Christian Engström, Evelyne Gebhardt, Małgorzata Handzlik, Malcolm Harbour, Iliana Ivanova, Philippe Juvin, Sandra Kalniete, Edvard Kožušník, Kurt Lechner, Toine Manders, Hans-Peter Mayer, Mitro Repo, Robert Rochefort, Zuzana Roithová, Heide Rühle, Christel Schaldemose, Laurence J.A.J. Stassen, Catherine Stihler, Eva-Britt Svensson, Róża Gräfin von Thun und Hohenstein, Kyriacos Triantaphyllides, Emilie Turunen, Bernadette Vergnaud, Barbara Weiler
Substitute(s) present for the final vote	Constance Le Grip, Emma McClarkin, Claude Moraes, Konstantinos Poupakis, Sylvana Rapti, Marc Tarabella, Wim van de Camp, Anja Weisgerber
Date tabled	29.11.2010