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Revision of the Construction Products Regulation (REFIT)

In “A European Green Deal”

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On 30 March 2022, the Commission adopted a proposal for a regulation laying down harmonised conditions for the marketing of construction products, repealing the current CPR. The proposed regulation was part of a package of proposals aimed at making sustainable products the norm in the EU, boost circular business models and empower consumers for the green transition.

The proposed regulation aims to tackle the following issues: the single market for construction products is not achieved; implementation is not optimal as market surveillance activities widely vary across Member States; the legal framework is too complex, and the CPR is not able to deliver on the green and digital transitions, and product safety.

The Commission proposal includes the following main changes compared to the current CPR:

  • the scope is renewed, and reused and 3D-printed construction products and pre-fabricated one-family-houses are included.
  • the Commission would be allowed to adopt technical specifications in cases where the standardisation system is not delivering as expected, and to set product requirements.
  • it sets out new environmental, functional and safety product requirements for construction products.
  • it establishes a ‘harmonised zone’ (as opposed to the areas under the responsibility of Member States) and a mechanism to deal with Member States 'imperative regulatory needs' on health, safety or protection of the environment, including climate.
  • it creates a new obligation for manufacturers to provide a declaration of conformity (concerning compliance with product requirements), on top of a declaration of performance, and introduces the possibility to give information via electronic means.
  • it defines a list of general sustainability requirements (to be further defined in Commission acts/harmonised standards).
  • it introduces simplification and exemption provisions for micro-enterprises.
  • it strengthens enforcement powers of market surveillance authorities.
  • it reinforces the product contact points for construction, to better support economic operators.
  • it sets up a new Commission system allowing any natural or legal person to share complaints or reports related to possible breaches of the Regulation.
  • it is aligned with the proposed regulation on ecodesign requirements for sustainable products on climate and environmental sustainability and on the digital product passport.

In Parliament, the proposal was referred to the Committee on the Internal Market and Consumer Protection (IMCO) on 18 May 2022. ENVI is associated to the report pursuant to Rule 57 with exclusive (on Article 22 - environmental obligations for manufacturers) and shared competences. Sara MATTHIEU (Greens/EFA, Belgium) has been appointed Rapporteur in ENVI.

Christian Doleschal (EPP, Germany) was appointed IMCO rapporteur. A first debate on the proposal was held in IMCO on 15 June 2022. A hearing on 'Making the Internal Market for Construction Products fit for the 21st century' took place in IMCO on 10 October 2022. MEPs discussed with experts the implementation problems of the current regulation and how to build a future-oriented construction internal market for consumer.

IMCO’s draft report was released on 14 November 2022, including 293 amendments from the rapporteur. The draft report was discussed in IMCO on 29 November 2022. Together with the amendments included in the draft report, a total of 954 amendments to the Commission proposal were tabled. They were debated on 23 January 2023. Compromise amendments were discussed on 25 April 2023.

The final vote on the draft report in IMCO took place on 23 May 2023. It was adopted with 25 votes for, 7 against and 9 abstentions. On 11 July 2023, the Parliament adopted the report with 498 votes in favour, 124 against, and 16 abstentions. 

The Council adopted its mandate for negotiations with the Parliament on 30 June 2023. The Council broadly supports the general objectives of the proposal. It particularly proposed to clarify some elements to ensure coherence with other related legislation, such as the ecodesign regulation.

Trilogues took place on 17 July, 24 October and 13 December 2023, when the co-legislators found a provisional political agreement. It needs to be formally approved by both institutions. Under the agreement, the regulation will apply to construction products, including used products. Prefabricated one-family-houses of certain size and construction products manufactured on the construction site for immediate incorporation into construction works no longer fall within the scope of the regulation, as supported by Parliament. The Commission will be supported by an expert group ('the CPR Acquis Expert Group'). More detailed information is available in the EPRS legislative briefing mentioned in the 'Further reading section'.

The agreed text was endorsed on 2 February 2024 by Member States' ambassadors in Coreper, and was approved by IMCO on 13 February 2024. The plenary vote on the agreement is scheduled for the April II session. 

References:

Further reading:

Author: Guillaume Ragonnaud, Members' Research Service, legislative-train@europarl.europa.eu

As of 20/03/2024.