Plenary sitting
<NoDocSe>A7-0343/2010</NoDocSe>
<Date>{26/11/2010}29.11.2010</Date>
<RefProcLect>***II</RefProcLect>
<TitreType>RECOMMENDATION FORSECONDREADING</TitreType>
<Titre>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</Titre>
<DocRef>(10753/3/2010–C70267/2010–2008/0098(COD))</DocRef>
<Commission>{IMCO}Committee on the Internal Market and Consumer Protection</Commission>
Rapporteur:<Depute>Catherine Stihler</Depute>
PR_COD_COD_2am
Symbols for procedures*Consultation procedure
***Consent procedure
***IOrdinary legislative procedure (first reading)
***IIOrdinary legislative procedure (second reading)
***IIIOrdinary legislative procedure (third reading)
(The type of procedure depends on the legal basis proposed by the draft act.)
Amendments to a draft act
In amendments by Parliament, amendments to draft acts are highlighted in bold italics. Highlighting in normal italics is an indication for the relevant departments showing parts of the draft act which may require correction when the final text is prepared – for instance, obvious errors or omissions in a language version. Suggested corrections of this kind are subject to the agreement of the departments concerned.
The heading for any amendment to an existing act that the draft act seeks to amend includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend. Passages in an existing act that Parliament wishes to amend, but that the draft act has left unchanged, are highlighted in bold. Any deletions that Parliament wishes to make in such passages are indicated thus:[...].
CONTENTS
Page
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
EXPLANATORY STATEMENT
PROCEDURE......
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–C70267/2010–2008/0098(COD))
(Ordinary legislative procedure: second reading)
The European Parliament,
–having regard to the Council position at first reading (10753/3/2010 – C70267/2010),
–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 Article294(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.
<RepeatBlock-Amend>
<Amend>Amendment<NumAm>1</NumAm>
<DocAmend>Council position</DocAmend>
<Article>Recital 1</Article>
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)
</Amend>
<Amend>Amendment<NumAm>2</NumAm>
<DocAmend>Council position</DocAmend>
<Article>Recital 5</Article>
Council position / Amendment(5) Where applicable, provisions for an intended use of a construction product in a MemberState, 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 usesof a construction product in a MemberState, 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.
</Amend>
<Amend>Amendment<NumAm>3</NumAm>
<DocAmend>Council position</DocAmend>
<Article>Recital 8 a (new) </Article>
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.
<TitreJust>Justification</TitreJust>
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.
</Amend>
<Amend>Amendment<NumAm>4</NumAm>
<DocAmend>Council position</DocAmend>
<Article>Recital 14 a (new)</Article>
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)
</Amend>
<Amend>Amendment<NumAm>5</NumAm>
<DocAmend>Council position</DocAmend>
<Article>Recital 15 </Article>
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 Article114 of the Treaty on the Functioning of the European Union (TFEU).
<TitreJust>Justification</TitreJust>
Threshold values may be determined for technical or regulatory reasons (see recital16). Where threshold values are determined for regulatory reasons, they are intended to protect the public welfare concerns referred to in Article14 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 Article14.
</Amend>
<Amend>Amendment<NumAm>6</NumAm>
<DocAmend>Council position</DocAmend>
<Article>Recital 17</Article>
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 on28March2003. 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 on28March2003. 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)
</Amend>
<Amend>Amendment<NumAm>7</NumAm>
<DocAmend>Council position</DocAmend>
<Article>Recital 21</Article>
Council position / Amendment(21) The establishment of draft European Assessment Documents and the issuing of EuropeanTechnical 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 EuropeanTechnical 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.
</Amend>
<Amend>Amendment<NumAm>8</NumAm>
<DocAmend>Council position</DocAmend>
<Article>Recital 22</Article>
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)
</Amend>
<Amend>Amendment<NumAm>9</NumAm>
<DocAmend>Council position</DocAmend>
<Article>Recital 24</Article>
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 EuropeanParliament 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) No1907/2006 of the EuropeanParliament and of the Council of 18December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a EuropeanChemicals Agency3, Directive 2008/98/EC of the European Parliament and of the Council of19November2008 on waste4 and Regulation (EC) No1272/2008 of the EuropeanParliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances andmixtures5. / (24) Where applicable, the declaration of performance shouldbe accompanied by information on the content of hazardous substancesin 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 1907/2006of 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 EuropeanParliament 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) No1907/2006 of the EuropeanParliament and of the Council of 18December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a EuropeanChemicals Agency3, Directive 2008/98/EC of the European Parliament and of the Council of19November2008 on waste4and Regulation (EC) No1272/2008 of the EuropeanParliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances andmixtures5.
</Amend>
<Amend>Amendment<NumAm>10</NumAm>
<DocAmend>Council position</DocAmend>
<Article>Recital 24 a (new) </Article>
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)
</Amend>
<Amend>Amendment<NumAm>11</NumAm>
<DocAmend>Council position</DocAmend>
<Article>Recital 34</Article>
Council position / Amendment(34) Simplified proceduresmay be used by manufacturers by means of documentation in a format at their discretion and under the conditions set out in the relevant harmonisedstandard. / (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)
</Amend>
<Amend>Amendment<NumAm>12</NumAm>
<DocAmend>Council position</DocAmend>
<Article>Recital 34 a (new)</Article>
Council position / Amendment(34a) In order to enhance theimpact 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)
</Amend>
<Amend>Amendment<NumAm>13</NumAm>
<DocAmend>Council position</DocAmend>
<Article>Recital 36 a (new) </Article>
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.
</Amend>
<Amend>Amendment<NumAm>14</NumAm>
<DocAmend>Council position</DocAmend>
<Article>Recital 37 </Article>
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.
<TitreJust>Justification</TitreJust>
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.
</Amend>
<Amend>Amendment<NumAm>15</NumAm>
<DocAmend>Council position</DocAmend>
<Article>Recital 39</Article>
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.
</Amend>