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Second quarterly Newsletter: Construction products

Legal Acts in the EU in the area of technical harmonization: adopted or proposed during the second quarter of 2010

 

    Construction products

 

 

PROPOSAL FOR A REGULATION
OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
LAYING DOWN HARMONISED CONDITIONS FOR THE MARKETING OF THE CONSTRUCTION PRODUCTS

-  ongoing discussions
-  Celex No.: 52008PC0311

The text is available on the following websites:

Link URL

The main goals of the proposal:

  • clarify the current problematic issues in the construction sector (the current situation - confusion as to the meaning of the CE marking under current Directive, concerns over the functioning, neutrality, competence and transparency of certain Approval Bodies; confusion regarding the significance, meaning and content of harmonised European standards; unnecessary burden for the manufacturers caused by imprecise application of the Attestation of Conformity procedures),
  • reduce the administrative burdens for manufacturers, in particular for SMEs,
  • ensure free marketing of construction products,
  • remove the barriers to trade.

Difficulties, disputed points, state of play:

The Working Party on Technical harmonisation examined the Commission proposal during the Slovenian, French, Czech, Swedish and Spanish presidencies. The main discussed points were as follows:

  • Declaration of performance – defining the conditions under which the producer should be obliged to draw up the Declaration of performance (which is the only means available for bringing forward the information about the product's performance), deciding what information should be obligatory to declare,
  • CE marking – clarifying the meaning of the CE marking for construction products, the relationship between the CE marking attached under CPR and CE marking under other Community harmonisation legislation, coexistence between the CE marking and voluntary markings,
  • simplified procedure for microenterprises, individually manufactured products etc. - disputes whether there should be any simplified procedures based on the size of a company; necessiy to decide when and how to apply the simplified procedures.
  • involvment and duties of the Standing Committee on Construction under CPR,
  • Product Contact Points – defining its status and duties

Time sequence:

23. 5. 2008

Adoption by Commission

23. 5. 2008

Transmission to Council and to EP

13. 6. 2008

SI PRES

5 Working Party sessions

FR PRES

12 Working Party sessions

CZ PRES

24. 4. 2009

EP opinion 1st reading

10 Working Party sessions + 1 CRP session

ES PRES

25.3.2009

Competitiveness Council – Progress Report

13 Working Party session (including Attachés meetings) + 3 CRP sessions

SE PRES

 

 

25. 5. 2010

Competitiveness Council
Council Agreement

2011

EP plenary sitting, 2nd reading (indicative date)

-

WP Jurists/Linguists

-

Approval – Council

-

Signature by EP and Council

-

Publishing in OJ EU

Entry into force:

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

However, Articles 3 to 21, 26, 27 and 28, Articles 46 to 50, 52 and 53 as well as Annexes I, II, III and V shall apply from 1 July 2011.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Related documents:

European Parliament – The Legislative Observatory

PreLex – Monitoring of the decision-making process between institutions

Opinion of the European Economic and Social Committee


© United Nations Economic Commissions for Europe – 2013