Commission Delegated Regulation (EU) 2024/2769

Contents

THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,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 and repealing Council Directive 89/106/EEC^note, and in particular Article 28(2) in conjunction with Article 60, point (e), and Article 28(2) in conjunction with Article 60, point (h), thereof,Whereas:

(1)Technological developments allow for a modelling approach to the assessment of the constancy of performance of construction products. Such technological progress allows for the establishment of an assessment and verification system when data collection for input values, assumptions and modelling with or without software support is applied.

(2)The European Parliament resolution on the implementation of Regulation (EU) No 305/2011^note welcomed the Commission’s objective to make the construction sector more sustainable by addressing the sustainability performance of construction products, as announced in the Circular Economy Action Plan^note. The Council Conclusions on the Circular Economy in the Construction Sector of 28 November 2019^note urged the Commission to facilitate the circularity of construction products. The 2020 Commission Communication ‘A New Industrial Strategy for Europe’^note stressed the need to address the sustainability of construction products and highlighted a more sustainable built environment as essential for Europe’s transition towards climate-neutrality. The 2021 Commission Communication ‘Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery’^note identified construction as one of the priority ecosystems that face the most important challenges meeting climate and sustainability goals and embracing the digital transformation, and on which the competitiveness of the construction sector depends. Due to technological developments in life cycle assessment, certain essential characteristics related to basic requirement for construction works 3 (hygiene, health and the environment) and 7 (sustainable use of natural resources) are available to be implemented in the regulatory framework for construction products. It is therefore appropriate to lay down rules for declaring environmental sustainability performance of construction products.

(3)In order to respond to the technological progress, Annex V to Regulation (EU) No 305/2011 should be adapted by adding a new assessment and verification of constancy of performance AVCP system 3+ defining the tasks to be carried out in the process of assessment and verification of constancy of performance of construction products when data collection for input values, assumptions and modelling with or without software support is applied. Such amendment is necessary to ensure that manufacturers are capable to assess essential characteristics related to the environmental sustainability of their products.

(4)In order to enable manufacturers to access the internal market more efficiently and thus contributing to the greater competitiveness of the construction industry as a whole, a new AVCP system 3+ should be applicable to essential characteristics addressing environmental sustainability. The addition of a new AVCP system should not entail additional administrative burden to manufacturers already enjoying the presumption that their products achieve a certain level or class of performance without testing or calculation. Therefore, it should be clarified that the new AVCP system 3+ does not apply to those products that currently do not require testing or calculation.

(5)The provisions in this Regulation are closely linked, since they deal with the clarification of the applicable AVCP system to essential characteristics addressing environmental sustainability, together with the need to take into account technological changes providing for a modelling assessment of such characteristics and the introduction of a new system for the assessment and verification of the constancy of performance (AVCP 3+). To ensure coherence between those provisions, it is necessary to include the clarification of the applicable system for the assessment of essential characteristics in relation to the environmental sustainability of construction products and the consequential amendment of Annex V to Regulation (EU) No 305/2011 in a single Regulation.

(6)Regulation (EU) No 305/2011 should therefore be amended accordingly,

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