Procedure : 2020/2028(INI)
Document stages in plenary
Document selected : A9-0012/2021

Texts tabled :

A9-0012/2021

Debates :

PV 08/03/2021 - 23
CRE 08/03/2021 - 23

Votes :

PV 10/03/2021 - 14

Texts adopted :

P9_TA(2021)0074

<Date>{03/02/2021}3.2.2021</Date>
<NoDocSe>A9-0012/2021</NoDocSe>
PDF 218kWORD 72k

<TitreType>REPORT</TitreType>

<Titre>on the implementation of Regulation (EU) No 305/2011 laying down harmonised conditions for the marketing of construction products (the Construction Products Regulation)</Titre>

<DocRef>(2020/2028(INI))</DocRef>


<Commission>{IMCO}Committee on the Internal Market and Consumer Protection</Commission>

Rapporteur: <Depute>Christian Doleschal</Depute>

EXPLANATORY STATEMENT - SUMMARY OF FACTS AND FINDINGS
 MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION
 INFORMATION ON ADOPTION IN COMMITTEE RESPONSIBLE
 FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

EXPLANATORY STATEMENT - SUMMARY OF FACTS AND FINDINGS

On 18 March 2020, the Rapporteur was given the task of drafting a report on the implementation of Regulation (EU) No 305/2011 laying down harmonised conditions for the marketing of construction products in response to the Commission’s plans to revise the Construction Products Regulation (CPR).

 

Since his appointment, the Rapporteur has gathered information and based his research, among others, on the following sources:

 

 CPR Revision Technical Stakeholders Conference organised by the European Commission, DG GROW on 07 September 2020;

 Danish Technological Institute (DTI), Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs (European Commission), Global Data Collection Company (GDCC), Joint Institute for Innovation Policy (JIIP), VVA Economics & Policy “Supporting study for the review of the Construction Products Regulation. Impact assessment: final report”, 2018[1];

 Supporting study for the impact assessment for the review of the construction products regulation, final report to be published end 2020, Copenhagen Economics, Danish Technological Institute (DTI) and EPRD;

 European Commission “Construction Products Regulation (EU) No 305/2011 - Analysis of production and trade data on construction products”, 2019[2];

 

Construction Products Regulation - introduction

Regulation (EU) No 305/2011 laying down harmonised conditions for the marketing of construction products (Construction Products Regulation/CPR) was adopted in 2011 and aims to ensure the free movement of construction products on the internal market.

 

EU legislation on construction products does not follow the so-called New Approach for Technical Harmonisation, which is widely applied to internal market legislation for products. The particularity of the rules on construction products results from their characteristic as intermediate products and from the fact that the rules on construction works are national competence. In consequence, the CPR does not lay down product requirements. The CPR rather contains a set of harmonised rules for assessing the performance of construction products in relation to the principal characteristics of those products (e.g. fire performance, sound insulation). However, Member States maintain their competences with regard to the safety, environmental and energy requirements that apply to buildings and civil engineering works.

 

In Europe, 18 million people are employed in the construction sector, a sector that contributes 9% to GDP.[3] A revision of the CPR must in particular take into account the particularities of the sector. The deadlock in the creation and adaptation of harmonised standards for construction products, which can be attributed in part to formal requirements (see the ECJ judgement C-613/14 - “James Elliot”), has brought to a halt the further development of harmonised standards. The Rapporteur considers this a serious threat to the functioning of the internal market for construction products. Both short-term solutions and future-oriented actions are needed to relaunch the deadlocked standardisation process. The Rapporteur welcomes the Commission’s evaluation of the CPR and the ongoing review aimed at removing obstacles to the internal market for construction products.

 

Development and enhancement of the internal market for construction products

While the CPR ensures the free movement of construction products within the European Union, the interests and needs of Member States should be considered. The CPR sets harmonised rules for the CE marking of construction products and defines how their performance, in relation to their main characteristics, should be declared. These requirements are necessary to ensure that reliable information is available to professionals, authorities and consumers, and to enable manufacturers in different Member States to compare construction products.

 

The Rapporteur stresses that the concept of a common technical language should be maintained as a link between the requirements of the Member States and the Declaration of Performance specified in the Construction Products Regulation. The Rapporteur acknowledges the important role of the European Committee for Standardisation (CEN) and the European Committee for Electrotechnical Standardisation (Cenelec) as competent bodies for the development of harmonised standards. The European Organisation for Technical Assessment (EOTA) and the Technical Assessment Bodies (TABs) should remain responsible for preparing European Assessment Documents.

 

The Rapporteur is concerned that out of 444 existing harmonised standards for construction products only 12 have been published in the last four years. This gridlock is connected to the time required to create new standards as well as the revision backlog relating to existing standards. Speeding up this process and improving the quality of existing European harmonised standards is of the utmost importance. Manufacturers of construction products and end-users require both legal certainty and long-term planning security.

 

CE marking and Declaration of Performance (DoP)

In practice, the CE marking for construction products is often misunderstood as a quality mark. However, the CE marking refers to product performance and does not indicate conformity with specific product requirements, such as safety. The Rapporteur therefore advocates for solutions that provide the end user with precise and clear information on the safety of construction products and their conformity with national requirements on the safety of buildings. End-users, SMEs and professional users should be able to have all relevant product information in order to ensure that the product complies with Member States’ building requirements. The Declaration of Performance must always include a specific and clear intended use.

 

The Rapporteur thus calls on the Commission to consider whether it is possible to include minimum product requirements in the CPR. These should ensure the health and safety of citizens and the protection of the environment. Minimum product requirements may also be useful in counteracting possible fragmentation of the internal market.

 

Embracing IT-based methods

The volume of product information that has to be communicated to users in accordance with the CPR will in all likelihood increase, especially in the light of sustainability and environmental requirements. Therefore, it is to be expected that the product information can no longer be fully reflected in the CE marking on the product. It is vital that builders and other users of construction products are able to easily and reliably ascertain whether a construction product in a specific Member State is authorized for the intended use. In this way, digital methods are strongly recommended. They would allow for a simple comparison of Member State requirements and the information provided by the Declaration of Performance. Experience has shown furthermore that declaring the same information twice, once in the Declaration of Performance and then a second time via the CE marking is not necessary. As an alternative route, IT-based methods should be used in order to render the communication between actors within the supply chain more efficient. In this way, the Rapporteur views concepts and methods such as Blockchain and Smart DOP[4] as indispensable developments that should be incorporated into a revised CPR. In order to ensure a uniform implementation of such digital solutions, the revised CPR should envisage an appropriate framework to be implemented by the Member States. National Product Contact Points could be entrusted with digitally providing information on the national requirements for construction products for specific uses.

 

Strengthening market surveillance

The market surveillance provisions of the revised CPR should take the specificities of the construction sector into account.

 

In particular SMEs have deplored the current state of market surveillance methods as insufficient and ineffective. The absence of efficient market surveillance undermines confidence in Union legislation and in the CE marking. Additionally, it fails to create a level playing field for economic operators. Weak market surveillance could also lead to a rise in construction products that do not meet their declared performance, thereby endangering end-users and consumers.

 

Therefore, the Rapporteur consequently calls on the Member States to fully implement Regulation (EU) 2019/1020 on market surveillance.[5]

 

Market surveillance authorities must be able to verify whether the Declaration of Performance of a product meets the Member State requirements for the intended use. Furthermore, the competencies of market surveillance authorities must also be effective and implementable in cases where the product is supplied directly to the user.

 

Market surveillance authorities should additionally focus on online sales in the construction products sector: there is a need to ensure effective market surveillance of construction products sold online, in particular for construction products purchased from third countries, in order to ensure not only product safety but also fair competition on the internal market.

 

Scope and relationship with other EU laws

In addition to the CPR, other harmonized areas of secondary EU law, such as the Machinery Directive, the Energy Labelling Framework Regulation[6], the Waste Framework Directive[7] and the Ecodesign Directive, also affect construction products. Therefore, it is important to clarify the scope, the limits and the relationship between the CPR and the relevant secondary EU laws. Conflict-of-law rules should be established in cases of overlap with CPR in order to ensure transparency and legal certainty.

 

Sustainability of construction products

The rapporteur welcomes the Commission’s objective to make the construction sector more sustainable by addressing the sustainability performance of construction products in the revision of the CPR, as announced in the Circular Economy Action Plan. Nevertheless, the inclusion of the objectives of sustainable development into the new CPR/revised CPR should not lead to an increase in the prices of construction products. It should be assessed how sustainability criteria could be addressed in the possible review of the CPR.

 

Involvement of stakeholders

The involvement of stakeholders in the consultation and evaluation process of the CPR should be guaranteed in order to ensure a level playing field between economic operators. In addition, the needs and costs for enterprises, in particular SMEs, should be taken into account in the evaluation of the CPR.

 

Rapporteur’s Position

Especially in the light of the COVID-19 pandemic and its economic consequences, it is important not to impose unnecessary unjustified bureaucratic obstacles on the construction sector. The effects of the COVID-19 pandemic on the construction sector are evident from supply shortages in building materials and the absence of workers due to quarantine obligations. Economic operators, municipalities and private households are reluctant to make new investments, which negatively impacts the construction sector. Stakeholders require flexible, clear and easy-to-implement solutions in order to work towards economic recovery. In the event of a revision of the CPR, this revision should take into account the needs of the industry and the specificities of the construction sector, in particular SMEs. Legal clarity must be provided when revising the existing CPR-related standards. This is particularly important during any transition period during which new standards are developed. In this respect, regulatory gaps are to be avoided, transparency and quality requirements must be met and all interested parties, including public authorities and SMEs, must be involved.

 

With this in mind, the rapporteur recommends: (I) the further development of the internal market for construction products; (II) the optimisation of the CE marking and the Declaration of Performance; (III) the strengthening of market surveillance; (IV) clear guidance in case of overlap of specific product legislation with the CPR; and (V) the use of digital tools.

 

 

 


 

MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION

on the implementation of Regulation (EU) No 305/2011 laying down harmonised conditions for the marketing of construction products (the Construction Products Regulation)

(2020/2028(INI))

The European Parliament,

 having regard to the Treaty on the Functioning of the European Union, in particular Article 114 thereof,

 having regard to Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products[8] (the Construction Products Regulation – CPR),

 having regard to Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council[9] (the Standardisation Regulation),

 having regard to the Commission evaluation of 24 October 2019 of Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products (SWD(2019)1770),

 having regard to the Commission report of 24 October 2019 on the outcome of the evaluation of the relevance of the tasks set out in Article 31(4) that receive Union financing pursuant to Article 34(2) of Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products (COM(2019)0800),

 having regard to Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011[10],

 having regard to Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93[11],

 having regard to Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC[12],

 having regard to Regulation (EU) 2019/515 of the European Parliament and of the Council of 19 March 2019 on the mutual recognition of goods lawfully marketed in another Member State and repealing Regulation (EC) No 764/2008[13],

 having regard to its resolution of 21 October 2010 on the future of European standardisation[14],

 having regard to the Commission communication of 30 November 2016 on clean energy for all Europeans (COM(2016)0860),

 having regard to the European Green Deal (COM(2019)0640),

 having regard to the Commission communication of 11 March 2020 on a new Circular Economy Action Plan for a cleaner and more competitive Europe (COM(2020)0098),

 having regard to Rule 54 of its Rules of Procedure, as well as Article 1(1)(e) of, and Annex 3 to, the decision of the Conference of Presidents of 12 December 2002 on the procedure for granting authorisation to draw up own-initiative reports,

 having regard to the report of the Committee on the Internal Market and Consumer Protection (A9-0012/2021),

A. whereas the construction industry directly provides 18 million jobs in Europe and generates 9 % of GDP[15];

B. whereas the purpose of the Construction Products Regulation (CPR) is to remove technical barriers to trade in construction products in order to enhance their free movement in the internal market while ensuring that those products are fit for their intended use and meet their declared performance, taking into account the health, safety and environmental aspects related to their use, regardless of where they are manufactured;

C. whereas the European system of technical regulation and standardisation has shown itself to be a driver for competitiveness and innovation, while contributing to consumer safety and reducing accident rates, making EU standards a global benchmark;

D. whereas the slow adoption and non-citation of harmonised standards is problematic, as the adoption process is not keeping pace with developments in the sector, creating uncertainty for businesses; whereas the lack of harmonised standards and the incomplete nature of existing standards have contributed to additional national requirements for construction products that create obstacles to their free movement in the single market; whereas these requirements can be detrimental to consumers and to Member States when meeting their responsibilities with regard to structural safety, health, the protection of the environment, other construction-related matters and consumer protection;

E. whereas the rules on construction works set by Member States should be designed and executed so as to guarantee the safety of workers and consumers and so as not to damage the environment, which may also have an impact on the requirements for  construction products;

F. whereas CPR compliance costs represent 0.6 % to 1.1 % of the construction sector’s turnover, borne mainly by manufacturers, which can be very burdensome for SMEs;

1. Welcomes the Commission’s CPR evaluation and ongoing review, which seek to further address barriers in the internal market for construction products and contribute to the objectives of the European Green Deal and the Circular Economy Action Plan, while taking account of technological developments and innovation;

2. Points to the specific nature of the CPR, which differs from the general principles of the new legislative framework (NLF), chiefly because it does not harmonise any specific requirements or minimum safety levels for construction products, but instead only defines a common technical language, which is the same for all construction products falling under the CPR, for assessing the performance of construction products over their essential characteristics, laid down in harmonised technical specifications;

3. Highlights that the current CPR ensures the free circulation of construction products within the Union, while Member States retain control of the rules on construction works; notes, in this regard, that the rules of the Member States require that construction works be designed and executed so as neither to endanger the safety of persons, domestic animals or property nor damage the environment; points out that building regulations set at Member State level are generally influenced by the performance of the construction products which are integrated in the works;

Common technical language, including standards

4. Notes that the common technical language introduced by the CPR is defined by harmonised European standards, and by European Assessment Documents (EADs) for products not or not fully covered by harmonised standards in order to address Member States’ performance requirements; acknowledges that the European Committee for Standardisation (CEN) and the European Committee for Electrotechnical Standardisation (CENELEC) are the competent organisations for the drafting of harmonised standards, while the European Organisation for Technical Assessment (EOTA) and Technical Assessment Bodies (TAB) are responsible for the preparation of EADs;

5. Points out that unlike other NLF legislation, the use of harmonised standards under the CPR is mandatory, which requires an effective system for their adoption in order to address the needs and reflect the most effective practices of industry, pave ways for innovation, keep up with technological developments, ensure legal clarity and a level playing field for SMEs, and meet the regulatory needs of the Member States; calls on the Commission, to that end, to ensure the active involvement of the industry and relevant stakeholders in order to ensure that new standards are as relevant as possible; notes the importance of the active participation of Member States in the standardisation process;

6. Is concerned by the fact that of the 444 existing harmonised standards for construction products, only 12 new standards were issued after the adoption of the CPR; believes that the time required for the development and citation of standards, the backlog for revising and updating existing standards (CPR acquis), the lack of legal clarity in the current legislative framework and the lack of a productive dialogue between all partners currently involved in the process are among the most significant problems associated with the implementation of the CPR;

7. Points to the fact that a significant number of standards do not fully cover all basic requirements necessary for the use of construction products in construction works; is concerned that this incomplete nature of harmonisation has led in part to additional national requirements and mandatory national marks for construction products, which serve to create unjustified barriers, fragment and weaken the internal market and create legal uncertainties for businesses, builders, contractors, planners and architects, leading to potential safety risks for construction works;

8. Urgently calls on the Commission to find a quick and viable solution to improve standardisation processes and remove the backlog of non-cited standards; supports, in this regard, a combination of short-term measures to tackle the backlog and regulatory deficiencies alongside long-term measures to improve the process of defining the common technical language by means of comprehensive harmonised standards;

9. Points to the fact that problems with the development of harmonised standards need to be addressed in all steps of the preparation process; calls on the Commission to closely consult with all the relevant stakeholders during the preparatory phase, in line with the Standardisation Regulation, and stresses the importance of balanced representation and of transparency and openness of all parties involved in order to find workable solutions; highlights the need to ensure that the standardisation requests issued by the Commission are of high quality and the necessity to provide clear and pragmatic guidance; further encourages the Commission to develop comprehensive and horizontal guidelines for standardisation bodies outlining the structure and requirements of a requested standard; suggests establishing clearly defined timeframes for the Commission to assess the prepared standards and clear deadlines for all parties to ensure further revision if a standardisation request or the CPR is found not to have been adhered to; considers it important to define the scope of the standards more precisely so that manufacturers can have clear guidance when declaring that their products fall within the scope;

10. Believes that owing to the mandatory nature of standards in the context of the CPR and the fact that they are considered part of Union legislation, the texts of issued harmonised standards should be available in all Union languages; highlights the need to ensure access to high-quality translation at no additional cost and to enhance the involvement of national standardisation bodies in the translation process; calls on the Commission to further support and simplify the financial arrangements for the translation of harmonised standards;

11. Is concerned by the fact that while the alternative route for products not or not fully covered by harmonised standards was included in the CPR to allow innovative products to enter the market, the vast majority of EADs do not concern innovative products;

12. Believes, in consequence, that the current underperformance of the standardisation system is one factor leading to an increasing use of the EOTA route as an alternative means of standardisation;

13. Points to the lengthiness and high cost of the EOTA route, which is not SME-friendly and mostly only affordable to big market players; stresses that notwithstanding the need for general improvements in the standardisation process, the current procedure for developing EADs can be helpful as a supplementary route to encourage the development of innovative products and the participation of SMEs, but also has to address the manufacturers’ goal of putting innovative products on the market as quickly as possible while respecting Union product requirements, and should not be seen as a permanent alternative to the standardisation system;

14. Underlines that a common technical language could help to promote a circular economy as it enables the performance of construction products to be declared in a common manner; considers that greater focus should be attached to standards that can help to promote a circular economy in Europe;

CE marking and Declaration of Performance (DoP)

15. Notes that the CE marking is a means to allow construction products legally placed on the market in one Member State to be marketed on the territory of any other Member State; is concerned by the fact, however, that since the CE marking under the CPR differs from other NLF legislation, as it only refers to product performance and does not attest to conformity with specific product requirements, such a difference in approach from other NLF legislation could create confusion as regards the CE marking and diminish its value; points, in this regard, to the overlaps in the information required by the CE marking and the Declaration of Performance (DoP); believes that this duplication creates additional unnecessary administrative burdens and costs for businesses and should be addressed, including by enhanced use of digital solutions;

16. Regrets the fact that the CE marking under the CPR is wrongly understood as a quality mark and does not determine whether a construction product is safe or could be used in construction works; believes that further solutions are needed to provide end-users with precise and clear information on the nature of the CE marking, with regard to the safety of construction products and their compliance with national building safety and construction works requirements;

17. Calls on the Commission to consider and thoroughly assess the possibility of gradually enhancing the CPR by including therein additional information obligations and product performance requirements with regard to health, safety and environmental aspects following an impact assessment and the assessment of Union and Member States’ regulatory needs for each product category; calls on the Commission, furthermore, to evaluate which approach would prove to be effective for the CPR;

18. Notes the lack of digitalisation in the construction sector and emphasises the importance of fully harnessing digital technologies, which could allow for clear, transparent and reliable information to be provided to economic operators and end-users, address the overlap in information requirements and enable market surveillance authorities to carry out their activities more effectively; calls on the Commission to evaluate the benefits of using such technologies and to develop solutions towards the smart integration of existing data that can be utilised throughout different information systems;

19. Believes that digital solutions could enhance the transparency of the market of construction products and ensure the accuracy and reliability of the information provided in the DoP, as well as facilitate the comparability of construction products based on their declared performance, including safety and environmental performance, thereby allowing economic operators and end-users to benefit from the information provided by manufacturers by quickly assessing and comparing requirements for construction works with the information provided in the DoP;

20. Stresses the need to raise awareness among economic operators, in particular SMEs and micro-enterprises, with regard to CE marking and the DoP, including through the single digital gateway; believes that such an approach would increase trust in Union harmonisation and the quality of harmonised standards and help to reduce the fragmentation of the single market; highlights the important role of national Product Contact Points for Construction (PCPC) in informing economic operators about the application of the CPR and providing reliable information on the provisions within the territory of a Member State on the requirements for construction works applicable for the intended use of each construction product; suggests that further efforts be undertaken to increase awareness of the existence of these contact points, as only 57 % of stakeholders were aware of them in 2018;

Market surveillance

21. Is concerned by the fact that market surveillance for construction products is seen as insufficient and ineffective by the industry; emphasises that such a situation undermines the level playing field for economic operators who comply with the legislation, to the benefit of rogue traders, who do not; points out that weak and inconsistent market surveillance could lead to an increase of products that do not meet their declared performance, putting end-users at risk;

22. Calls on the Member States to fully implement Regulation (EU) 2019/1020, which aims to strengthen the market surveillance of products covered by Union harmonisation legislation, including the CPR, and establishes the framework for cooperation with economic operators; stresses the need for a consistent, harmonised and uniform enforcement of new rules by the national market surveillance authorities and for enhanced cross-border cooperation to this end in order to ensure a level playing field in the construction sector and fair competition in the Union market;

23. Recalls the requirement for Member States under Regulation (EU) 2019/1020 to dedicate the necessary financial, human and technical resources to market surveillance authorities, including ensuring that they have sufficient expertise and competences; encourages the Member States to enhance cooperation among their market surveillance authorities, including at cross-border level, and to improve the number, efficiency and effectiveness of checks in order to be able to identify construction products that are not in conformity with their declared performance and prevent their circulation in the single market;

24. Calls on the Commission to swiftly adopt implementing acts under Regulation (EU) 2019/1020 in order to further align the performance of market surveillance authorities by determining the uniform conditions of checks, criteria for the determination of the frequency of checks and the amount of samples to be checked in relation to certain products or categories of products, and by laying down benchmarks and techniques for checks on harmonised products, taking due account of the specificities of the sectors involved, including construction products, and of the impact on a reviewed CPR; notes the important role of the Union Product Compliance Network and administrative cooperation groups (AdCos) in ensuring structured coordination and cooperation between the enforcement authorities of the Member States and the Commission and in streamlining market surveillance practices to make them more effective;

25. Considers it crucial that national market surveillance authorities responsible for construction products cooperate closely with national building control authorities in order to ensure a nuanced approach in assessing the conformity of construction products used in construction works with the declared performance or intended use, as well as to ensure their compliance with building regulations, thereby guaranteeing protection for the health and safety of workers who use construction products and of the users of construction works;

26. Stresses that Member States should take responsibility when introducing national provisions on construction works, including requirements related to the safety of buildings during the construction, maintenance and demolition of construction works, by taking into consideration other aspects important to the public interest, such as the health, safety and security of workers and protection of the environment;

27. Points to the increase in online sales in the construction sector; highlights the need to ensure the effective market surveillance of construction products sold online, especially those purchased from non-EU economic operators, as they might not comply with Union legislation and could therefore influence the quality and safety of construction works, in order to ensure the conformity of construction products circulating in the single market with their declared performance or intended use, irrespective of their origin; underlines the role that online marketplaces could play in this respect;

28. Highlights the importance of ensuring a uniform level of performance of notified bodies carrying out assessments of the performance of construction products, so that their functions are carried out at the same level and under the same conditions; notes, in this regard, the role of the Union testing facilities introduced by Regulation (EU) 2019/1020 in contributing to enhancing laboratory capacity, as well as ensuring the reliability and consistency of testing, for the purposes of market surveillance across the Member States;

29. Stresses the need to enhance the provision and exchange of information on potentially dangerous substances in construction products and to strengthen cooperation with the European Chemicals Agency databases in accordance with the current legislation;

30. Calls on the Commission to continue to effectively monitor and address unjustified barriers in the internal market stemming from national regulatory measures; stresses the need for enhanced dialogue and cooperation between the Commission and the Member States in order to tackle practices that impede the free movement of construction products in the internal market, such as the continuous use of national marks and additional certifications for construction products;

Sustainability in construction products

31. Highlights the overall need for a transition to a sustainable and more circular economy in the sourcing, manufacturing, reuse and recycling of construction products and in their use in construction works; stresses the need to improve the sustainability of construction products and the availability of secondary and renewable products and materials on the market;

32. Welcomes, in this regard, the Commission’s objective to make the construction sector more sustainable by addressing the sustainability performance of construction products in the revision of the CPR, as announced in the Circular Economy Action Plan; supports the Commission’s commitment to aligning and making more consistent the legislation on construction products with horizontal environmental policies;

33. Calls on the Commission to envisage incorporating certain requirements regarding environmental performance and sustainability criteria across the lifecycle of products into the harmonised standards for specific product categories under the CPR, while taking account of market and technological developments and national regulatory requirements for the construction sector or buildings policies, in order to provide manufacturers with one single framework for the assessment and testing of products where relevant common compliance requirements arise; highlights the fact that current basic requirements for construction works set out in the CPR can already constitute the basis for preparing standardisation mandates and harmonised technical specifications with regard to the environmental performance and sustainability of construction products; stresses the importance of a proper assessment of the product categories to which such requirements would be relevant and the need for all the relevant stakeholders to be involved in the assessment process; highlights that such incorporation should not lead to an increase in the prices of construction products;

34. Calls on the Commission to assess how the CPR could support the circularity of construction products, including reused or remanufactured products or those manufactured from recycled materials; stresses that this will require reliable data on the previous use of construction products, taking into account the potential costs involved; welcomes, in this regard, the Commission’s aim of establishing a common European Dataspace for Smart Circular Applications with data on product information[16];

Specific recommendations on the review of the CPR

35. Highlights the need to ensure the proper involvement of all stakeholders in the consultation and evaluation process; emphasises the importance of an extensive impact assessment of the possible regulatory choices; highlights the need for a level playing field and a lighter administrative burden in construction products legislation for all businesses, especially SMEs, while taking account of new business models, as well as for fair competition at global level; calls, in this regard, for further clarification and enhancement of the simplified procedures for micro-enterprises;

36. Stresses the importance of avoiding duplications and of ensuring that the revised CPR is consistent with existing legislation and future legislative initiatives; calls on the Commission, therefore, to clarify the relationship of the CPR to related internal market legislation, such as the Ecodesign Directive[17], the Energy Labelling Regulation[18], the Waste Framework Directive[19] and the Drinking Water Directive[20] in order to avoid possible overlaps and, where necessary, to streamline the relevant provisions in order to ensure legal clarity for businesses;

37. Emphasises that any revision of the CPR should be in line with the principles and objectives of the Standardisation Regulation as regards the preparation of harmonised standards in order to ensure their transparency and quality; highlights that any revision should ensure the appropriate involvement of all interested parties and address Member States’ regulatory needs;

38. Stresses the need to ensure legal clarity for a transitional period as regards any revision of the CPR and the review of the CPR acquis, in order to avoid a legal vacuum and secure the smooth transition from existing to new provisions;

39. Is concerned that any revision of the CPR and, in particular, the review of the CPR acquis will take significant time, while manufacturers, builders, contractors, planners, architects and other end-users need immediate solutions to overcome the legal uncertainty resulting from, among other issues, the lack of updated harmonised standards and regulatory gaps; calls on the Commission to address these issues as part of its expected review of the CPR, including devising a solution to get to grips with the urgent legal and technical challenges;

40. Calls for an ambitious revision of the CPR with a view to creating a solid regulatory framework with effective, easily enforceable and harmonised rules;

°

° °

41. Instructs its President to forward this resolution to the Council, the Commission and the Member States.

 

 

 


 

 

 

 


INFORMATION ON ADOPTION IN COMMITTEE RESPONSIBLE

Date adopted

28.1.2021

 

 

 

Result of final vote

+:

–:

0:

44

1

0

Members present for the final vote

Alex Agius Saliba, Andrus Ansip, Pablo Arias Echeverría, Alessandra Basso, Brando Benifei, Adam Bielan, Hynek Blaško, Biljana Borzan, Vlad-Marius Botoş, Markus Buchheit, Anna Cavazzini, Dita Charanzová, Deirdre Clune, Carlo Fidanza, Evelyne Gebhardt, Alexandra Geese, Sandro Gozi, Maria Grapini, Svenja Hahn, Virginie Joron, Eugen Jurzyca, Arba Kokalari, Marcel Kolaja, Kateřina Konečná, Andrey Kovatchev, Jean-Lin Lacapelle, Maria-Manuel Leitão-Marques, Morten Løkkegaard, Adriana Maldonado López, Antonius Manders, Beata Mazurek, Leszek Miller, Dan-Ştefan Motreanu, Anne-Sophie Pelletier, Miroslav Radačovský, Christel Schaldemose, Andreas Schwab, Tomislav Sokol, Ivan Štefanec, Kim Van Sparrentak, Marco Zullo

Substitutes present for the final vote

Christian Doleschal, Claude Gruffat, Krzysztof Hetman, Edina Tóth

 


 

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

44

+

ECR

Adam Bielan, Carlo Fidanza, Eugen Jurzyca, Beata Mazurek

LA GAUCHE

Kateřina Konečná, Anne‑Sophie Pelletier

ID

Alessandra Basso, Markus Buchheit, Virginie Joron, Jean‑Lin Lacapelle

NI

Miroslav Radačovský, Marco Zullo

PPE

Pablo Arias Echeverría, Deirdre Clune, Christian Doleschal, Krzysztof Hetman, Arba Kokalari, Andrey Kovatchev, Antonius Manders, Dan‑Ştefan Motreanu, Andreas Schwab, Tomislav Sokol, Ivan Štefanec, Edina Tóth

RENEW

Andrus Ansip, Vlad‑Marius Botoş, Dita Charanzová, Sandro Gozi, Svenja Hahn, Morten Løkkegaard

S&D

Alex Agius Saliba, Brando Benifei, Biljana Borzan, Evelyne Gebhardt, Maria Grapini, Maria‑Manuel Leitão‑Marques, Adriana Maldonado López, Leszek Miller, Christel Schaldemose

VERTS/ALE

Anna Cavazzini, Alexandra Geese, Claude Gruffat, Marcel Kolaja, Kim Van Sparrentak

 

1

-

ID

Hynek Blaško

 

0

0

 

 

 

Key to symbols:

+ : in favour

- : against

0 : abstention

 

 

[3] European Commission, The European construction sector - A global partner, 2016.

[4] Smart Declaration of Performance (DoP) solutions allowing users of construction products to easily compare the requirements of a Member State with the product information according to the Declaration of Performance. These solutions, however, require that the existing use-specific requirements for construction products can be digitally reconciled by Member States with an electronic declaration of performance. The digital provision of requirements for construction products in specific use situations could be carried out by the national Product Contact Points.

[5] OJ 169, 25.6.2019, p.1

[6] OJ L 198, 28.7.2017, p.1

[7] OJ L 312, 22.11.2008, p.2

[8] OJ L 88, 4.4.2011, p. 5.

[9] OJ L 316, 14.11.2012, p. 12.

[10] OJ L 169, 25.6.2019, p. 1.

[11] OJ L 218, 13.8.2008, p. 30.

[12] OJ L 218, 13.8.2008, p. 82.

[13] OJ L 91, 29.3.2019, p. 1.

[14] OJ C 70 E, 8.3.2012, p. 56.

[15] European Commission, ‘The European construction sector – A global partner’, 2016.

[16] As stated in the Circular Economy Action Plan.

[17] OJ L 285, 31.10.2009, p. 10.

[18] OJ L 198, 28.7.2017, p. 1.

[19] OJ L 312, 22.11.2008, p. 3.

[20] OJ L 330, 5.12.1998, p. 32.

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