Europaudvalget 2011
KOM (2008) 0311
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EUROPEAN COMMISSION
Brussels, 28.2.2011
COM(2011) 101 final
2008/0098 (COD)
OPINION OF THE COMMISSION
pursuant to Article 294, paragraph 7, point (c) of the Treaty on the Functioning of the
European Union,
on the European Parliament's amendment
to the Council's position regarding the
proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
laying down harmonised conditions for the marketing of the construction products
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2008/0098 (COD)
OPINION OF THE COMMISSION
pursuant to Article 294, paragraph 7, point (c) of the Treaty on the Functioning of the
European Union
on the European Parliament's amendments
to the Council's position regarding the
proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
laying down harmonised conditions for the marketing of the construction products
1.
B
ACKGROUND
23 May 2008
24 April 2009
25 February 2009
13 September 2010
8 December 2010
18 January 2011
Date on which the proposal was sent to Parliament and the Council:
Date of Parliament's opinion at first reading:
Opinion of the Economic and Social Committee:
Date of adoption of the Council position:
Date of COREPER agreement on the second reading compromise:
Date of Parliament's opinion at second reading:
2.
P
URPOSE OF THE PROPOSAL
The objective of the Commission proposal is to replace the Council Directive 89/106/EEC,
the Construction Products Directive, referred to hereafter as the CPD, by a Regulation, with
the aim of better defining the objectives of this Community legislation, as well as making its
implementation easier and more efficient. As part of the Better Regulation initiative, the
proposal intends to bring about
simplification
of the current CPD-based system notably
through the introduction of simplified procedures, so as to reduce the costs incurred by
enterprises, in particular SMEs;
clarification
of the basic concepts and the use of CE
marking; and to
increase the credibility
of the whole system by imposing new and stricter
designation criteria to bodies involved in the assessment and the verification of constancy of
performance of construction products.
3.
O
PINION OF
P
ARLIAMENT
THE
C
OMMISSION
ON THE AMENDMENT BY THE
E
UROPEAN
The European Parliament's opinion at second reading of 18 January 2011 has brought the
Council position closer to that of the Commission's proposal in terms of clarifying the
treatment of dangerous substances within the context of the REACH Regulation, ensuring the
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independence of the actions of Product Contact Points for Construction as well as allowing
for wider digital delivery of the declarations of performance.
The Parliament's position is a result of a compromise obtained at a trialogue held on 7
December 2010 and which was discussed and approved on 8 December 2010 in Council.
4.
C
ONCLUSION
The Commission accepts all the amendments voted by The European Parliament in second
reading according to the above described compromise text of the Council and the European
Parliament. The Commission also presents the statement attached concerning the period for
objection by the European Parliament and Council.
Annex:
Statement by the Commission concerning the period for objection by the
European Parliament and Council
The Commission recalls that the principle established in the draft Common Understanding is
that the period for objection should be 2 months extendable by a further 2 months. In the
present case, the Commission considers that there are no specific circumstances which could
justify a deviation from that principle. The Commission regrets that the principle established
in the draft Common Understanding has not been respected and underlines that the present
case does not constitute a precedent.
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