### no sooner than 8 years after the date of application of this regulation , the commission shall carry out an evaluation of this regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of products and construction works and built environment. the commission shall present a report on the main findings to the european parliament , the council , the european economic and social committee , and the committee of the regions. member states shall provide the commission with the information necessary for the preparation of that report. ### by 31 december 2029 , the commission shall carry out an evaluation of this regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of products and construction works and built environment.


### no sooner than 8 years after the date of application of this regulation , the commission shall carry out an evaluation of this regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of products and construction works and built environment. the commission shall present a report on the main findings to the european parliament , the council , the european economic and social committee , and the committee of the regions. member states shall provide the commission with the information necessary for the preparation of that report. ### no sooner than 4 years after the date of application of this regulation , the commission shall carry out an evaluation of this regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of products and built environment. the commission shall present a report on the main findings to the european parliament , the council , the european economic and social committee , and the committee of the regions. member states shall provide the commission with the information necessary for the preparation of that report.


### regulation (eu) 305/2011 is repealed with effect from 1 january 2045. ### regulation (eu) 305/2011 is repealed with effect from [the date of entry into force of this regulation] , with the exception of articles 2-9 , 11 , 27 and 28 , which are repealed with effect from [10 years after the date of entry into force of this regulation].


### regulation (eu) 305/2011 is repealed with effect from 1 january 2045. ### regulation (eu) 305/2011 is repealed with effect from 1 january 2029.


### 4. european assessment documents issued before [1 year after entry into force] remain valid until [3 years after entry into force] , unless they have expired for other reasons. products placed on the market on the basis of these may be further made available on the market for another five years. ### 4. european assessment documents issued before [1 year after entry into force] remain valid until [9 years after entry into force] , unless they have expired for other reasons.


### the construction works and any part of them shall be designed , constructed , used , maintained and demolished in such a way that they , throughout their life cycle , do not present acute or chronic threat to the health and safety of workers , occupants or neighbors as a result of any of the following: ### the construction works and any part of them shall be designed , constructed , used , maintained and demolished in such a way that they , throughout their life cycle , do not present acute or chronic threat to the hygiene or health and safety of workers , occupants , including companion animals , or neighbors as a result of any of the following:


### the construction works and any part of them shall be designed , constructed , used , maintained and demolished in such a way that , throughout their life cycle , the use of natural resources is sustainable and ensures the following: ### the construction works and any part of them shall be designed , constructed , used , maintained , upgraded and demolished in such a way that , throughout their life cycle , the use of natural resources is sustainable and ensures the following:


### use of raw and secondary materials of high environmental sustainability and thus with a low environmental footprint; ### use of by-products , raw and secondary materials of high environmental sustainability and thus with a low environmental footprint;


### reuse or recyclability of the construction works , parts of them and their materials after demolition. ### ease of deconstruction , use of reusable and recyclable materials (permanent materials) and maximising reuse or recyclability of the construction works , parts of them and their materials after demolition.


### harmonised technical specifications shall to the extent possible cover the following essential characteristics related to life cycle assessment: ### harmonised technical specifications shall to the extent possible cover the following essential characteristics related to life cycle assessment in accordance with relevant cen epd standard:


### harmonised technical specifications shall to the extent possible cover the following essential characteristics related to life cycle assessment: ### harmonised technical specifications shall cover the essential characteristics "environmental sustainability" which comprises the following environmental impact indicators:


### b 1. products shall be designed and manufactured in such a way that: ### deleted


### risk of misunderstanding instructions for use in a field affecting health and safety; ### deleted


### risk of unintended inappropriate installation or use; ### deleted


### risk of intended inappropriate use. ### deleted


### social media contact details; ### deleted


### (7) pursuing the environmental goals , including the fight against climate change , makes it necessary to establish new environmental obligations and to lay the ground for the development and the application of an assessment method for the calculation of the environmental sustainability of construction products. for the same reason , it is necessary to extend the range of regulated economic operators , since distributors , suppliers and manufacturers all have a role to play in the calculation of the environmental sustainability in the construction sector. that range should therefore be extended into two directions , downstream from the distributors to the economic operators preparing re-use and remanufacturing of construction products and upstream from the manufacturer over the suppliers of intermediate products and/or raw materials. moreover , certain operators coming into play in the context of dismantling used products or other parts of construction works or remanufacturing and re-use thereof need to contribute to a safe second life of construction products. ### (7) pursuing the environmental goals , including the fight against climate change , makes it necessary to establish new environmental obligations and to lay the ground for the development and the application of an assessment method for the calculation of the environmental sustainability of construction products based on en 15804 and widely used environmental product declarations (epds) by construction product manufacturers. this is essential to ensure the correct calculation of the environmental impact at the building level according to en 15978. for the same reason , it is necessary to extend the range of regulated economic operators , since distributors , suppliers and manufacturers all have a role to play in the calculation of the environmental sustainability in the construction sector. that range should therefore be extended into two directions , downstream from the distributors to the economic operators preparing re-use and remanufacturing of construction products and upstream from the manufacturer over the suppliers of intermediate products and/or raw materials. moreover , certain operators coming into play in the context of dismantling used products or other parts of construction works or remanufacturing and re-use thereof need to contribute to a safe second life of construction products.


### (7) pursuing the environmental goals , including the fight against climate change , makes it necessary to establish new environmental obligations and to lay the ground for the development and the application of an assessment method for the calculation of the environmental sustainability of construction products. for the same reason , it is necessary to extend the range of regulated economic operators , since distributors , suppliers and manufacturers all have a role to play in the calculation of the environmental sustainability in the construction sector. that range should therefore be extended into two directions , downstream from the distributors to the economic operators preparing re-use and remanufacturing of construction products and upstream from the manufacturer over the suppliers of intermediate products and/or raw materials. moreover , certain operators coming into play in the context of dismantling used products or other parts of construction works or remanufacturing and re-use thereof need to contribute to a safe second life of construction products. ### (7) pursuing the environmental goals , including the fight against climate change and biodiversity loss , and the transition towards a carbon-neutral , environmentally sustainable , toxic-free and fully circular economy within planetary boundaries by 2050 at the latest , makes it necessary to establish new environmental obligations and to apply the harmonised assessment method for the calculation of the environmental sustainability of construction products based on en 15804+a2 and widely used environmental product declarations (epds) by construction product manufacturers. this is essential to ensure the correct calculation of the environmental impact at the building level according to en15978. for the same reason , it is necessary to extend the range of regulated economic operators , since distributors , suppliers and manufacturers all have a role to play in the calculation of the environmental sustainability in the construction sector. that range should therefore be extended into two directions , downstream from the distributors to the economic operators preparing re-use and remanufacturing of construction products and upstream from the manufacturer over the suppliers of intermediate products and/or raw materials. moreover , certain operators coming into play in the context of dismantling used products or other parts of construction works or remanufacturing and re-use thereof need to contribute to a safe second life of construction products.


### (18) in order to strive for a maximum of regulatory coherence , this regulation should to the extent possible build on the horizontal legal framework , in this case namely on regulation (eu) no 1025/2012 of the european parliament and of the council. it follows the recent trend in product legislation to develop a fall-back solution where the european standardisation organisations do not deliver harmonised standards which can be cited in the official journal. as no harmonised standards for construction products could be cited in the official journal since late 2019 and only some dozen since regulation (eu) no 305/2011 came into force , the new back-up empowerments for the commission should be even more comprehensive , permitting to optimise the overall output of technical specifications so to catch up the delay in the adaptation to technical progress. ### (18) in order to strive for a maximum of regulatory coherence , this regulation should to the extent possible build on the horizontal legal framework , in this case namely on regulation (eu) no 1025/2012of the european parliament and of the council and on regulation (eu) … [regulation on ecodesign for sustainable products]. it follows the recent trend in product legislation to ensure that all products placed on the union market become increasingly sustainable and stand the test of circularity , inline with the european green deal. a fall-back solution is envisaged where the european standardisation organisations do not deliver harmonised standards which can be cited in the official journal. as no harmonised standards for construction products could be cited in the official journal since late 2019 and only some dozen since regulation (eu) no 305/2011came into force , the new empowerments for the commission should be even more comprehensive , permitting to define mandatory essential characteristics related to sustainability and to optimise the overall output of technical specifications so to catch up the delay in the adaptation to technical progress. the commission shall , amongst others , be guided by and ensure coherence with the environmental sustainability objectives pursued by regulation (eu) ... [regulation on ecodesign for sustainable products].


### (20) in order to contribute to the objectives of the european green deal and the circular economy action plan , and to ensure safe construction products , safety being one of the goals to be pursued in the legislation based on article 114 of the treaty on the functioning of the european union (tfeu) , inherent product requirements related to safety , functionality and protection of environment , including climate , are necessary. when setting these requirements , the commission should take into account their potential contribution to achieving union climate , environmental and energy efficiency objectives. these requirements do not merely relate to the performance of construction products. contrary to its predecessor directive 89/106/ec , regulation (eu) no. 305/2011 does not provide for the possibility to establish such inherent product requirements. however , certain harmonised standards for construction products contain such inherent product requirements which can relate to environment , to safety or simply to the good functioning of the product. these standards demonstrate that there is a practical need for such requirements on safety , the environment or simply the functioning of products. article 114 tfeu as the legal base of this regulation also imposes the pursuit of a high level of protection of the environment , health and human safety. thus , this regulation should (re-)introduce or validate inherent product requirements. whilst these requirements need to be laid down by the legislator , there is a need for specifying them for the more than 30 product families , each with several categories. hence , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to specify the requirements for the respective construction product family or category. ### (20) in order to contribute to the objectives of the european green deal and the circular economy action plan , and to ensure safe construction products , safety being one of the goals to be pursued in the legislation based on article 114 of the treaty on the functioning of the european union (tfeu) , inherent product requirements related to safety , functionality and protection of environment , including climate and biodiversity , are necessary. when setting these requirements , the commission should take into account their potential contribution to achieving union climate , environmental , biodiversity and resource and energy efficiency objectives. these requirements do not merely relate to the performance of construction products. contrary to its predecessor directive 89/106/ec , regulation (eu) no. 305/2011 does not provide for the possibility to establish such inherent product requirements. however , certain harmonised standards for construction products contain such inherent product requirements which can relate to environment , to safety or simply to the good functioning of the product. these standards demonstrate that there is a practical need for such requirements on safety , the environment or simply the functioning of products. article 114 tfeu as the legal base of this regulation also imposes the pursuit of a high level of protection of the environment , health and human safety. thus , this regulation should (re-)introduce or validate inherent product requirements. whilst these requirements need to be laid down by the legislator , there is a need for specifying them for the more than 30 product families , each with several categories. hence , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to specify the requirements for the respective construction product family or category.


### (24) at the same time , in order to strike a balance between mitigating the fragmentation of the market and the legitimate interests of member states to regulate construction works , it is necessary to provide for a mechanism to better integrate member states’ needs into the development of harmonised technical specifications. for the same reason , a mechanism allowing member state to set , based on imperative grounds of health , safety or environmental protection , additional requirements for construction products should be established. ### (24) at the same time , in order to strike a balance between mitigating the fragmentation of the market and the legitimate interests of member states to regulate construction works , it is necessary to provide for a mechanism to better integrate member states’ needs into the development of harmonised technical specifications. for the same reason , a mechanism allowing member state to set , based on imperative grounds of health , safety or environmental protection , additional requirements for construction products should be established. such a mechanism must be clearly described and criteria for using it clearly defined.


### (26) in order to enhance legal clarity and reduce the administrative burden for the economic operators , it is necessary to avoid that construction products are subject to multiple assessments regarding the same aspect of health , safety or protection of the environment , including climate , under different union legislation. this was confirmed by the refit platform recommending that the commission gives priority to addressing the problems of overlapping and repetitive requirements. the commission should thus be able to determine the conditions under which the fulfilment of obligations under other union law also fulfils certain obligations of this regulation , where otherwise the same aspect of health , safety or protection of the environment , including climate , would be assessed in parallel under this regulation and other union law. ### (26) in order to enhance legal clarity and reduce the administrative burden for the economic operators , it is necessary to avoid that construction products are subject to multiple assessments regarding the same aspect of health , safety or protection of the environment , including climate and biodiversity , under different union legislation. this was confirmed by the refit platform recommending that the commission gives priority to addressing the problems of overlapping and repetitive requirements. the commission should thus be able to determine the conditions under which the fulfilment of obligations under other union law also fulfils certain obligations of this regulation , where otherwise the same aspect of health , safety or protection of the environment , including climate and biodiversity , would be assessed in parallel under this regulation and other union law.


### (33) in order to reduce the burden for economic operators and in particular manufacturers , economic operators issuing declarations of performance and declarations of conformity should provide those declarations by electronic means , be authorised to provide those declarations by permalink to an unamendable document or to include in those declarations permalinks to unamendable documents. ### (33) in order to reduce the burden for economic operators and in particular manufacturers , economic operators issuing declarations of performance and declarations of conformity should provide those declarations by electronic means , be authorised to provide those declarations by permalink to an unamendable document or to include in those declarations permalinks to unamendable documents. in order to simplify the supply chain communication , declarations of performance and declarations of conformity should additionally be made available in a machine-readable format. this would allow the user to perform via an app a conformity check with the application rules of the member state where the product is used. an important prerequisite for machine-readable declarations is a standardised it format , which is required for each harmonised technical specification. the cen workshop agreement cwa 17316 "smart ce marking for construction products" provides a basis for the development of harmonised xml formats for declarations of performance , which could be used to complement harmonised standards and harmonised technical specifications accordingly.


### (44) in view of enhancing the circularity of construction products , in line with the goals of the circular economy action plan , manufacturers should favour re-use , remanufacturing and recycling of their products. the (preparation for) re-use , remanufacturing and recycling require certain design , namely by facilitating the separation of components and materials at the later stage of recycling and avoiding mixed , blended or intricate materials. as the usual instructions for use will not necessarily reach the economic operators in charge of (preparation for) re-use , remanufacturing and recycling , the necessary information in this regard should be made available in product databases or systems and on the manufacturer’s websites , in addition to the instructions for use. ### (44) in view of enhancing the circularity of construction products , in line with the goals of the circular economy action plan , manufacturers shall favour re-use , remanufacturing and recycling of their products as well as through appropriate use of by-products. the (preparation for) re-use , remanufacturing and recycling require certain design , namely by facilitating the separation of components and materials at the later stage of recycling and avoiding mixed , blended or intricate materials and chemicals of concern. the goal is to aim to the highest environmental standards to avoid harmful substances and to ensure good quality indoor air quality. as the usual instructions for use will not necessarily reach the economic operators in charge of (preparation for) re-use , remanufacturing and recycling , the necessary information in this regard should be made available in product databases or systems and on the manufacturer’s websites , in addition to the instructions for use.


### (44) in view of enhancing the circularity of construction products , in line with the goals of the circular economy action plan , manufacturers should favour re-use , remanufacturing and recycling of their products. the (preparation for) re-use , remanufacturing and recycling require certain design , namely by facilitating the separation of components and materials at the later stage of recycling and avoiding mixed , blended or intricate materials. as the usual instructions for use will not necessarily reach the economic operators in charge of (preparation for) re-use , remanufacturing and recycling , the necessary information in this regard should be made available in product databases or systems and on the manufacturer’s websites , in addition to the instructions for use. ### (44) in view of enhancing the circularity of construction products , in line with the goals of the circular economy action plan , manufacturers should favour re-use , remanufacturing and recycling of their products , as well as through appropriate use of by-products. the (preparation for) re-use , remanufacturing and recycling require certain design , namely by facilitating the separation of components and materials at the later stage of recycling and avoiding mixed , blended or intricate materials. as the usual instructions for use will not necessarily reach the economic operators in charge of (preparation for) re-use , remanufacturing and recycling , the necessary information in this regard should be made available in product databases or systems and on the manufacturer’s websites , in addition to the instructions for use.


### (44) in view of enhancing the circularity of construction products , in line with the goals of the circular economy action plan , manufacturers should favour re-use , remanufacturing and recycling of their products. the (preparation for) re-use , remanufacturing and recycling require certain design , namely by facilitating the separation of components and materials at the later stage of recycling and avoiding mixed , blended or intricate materials. as the usual instructions for use will not necessarily reach the economic operators in charge of (preparation for) re-use , remanufacturing and recycling , the necessary information in this regard should be made available in product databases or systems and on the manufacturer’s websites , in addition to the instructions for use. ### (44) in view of enhancing the circularity of construction products , in line with the goals of the circular economy action plan , manufacturers should favour re-use , remanufacturing and recycling of their products. the (preparation for) re-use , remanufacturing and recycling require certain design , namely by facilitating the separation of components and materials at the later stage of recycling and avoiding mixed , blended or intricate materials. as the usual instructions for use will not necessarily reach the economic operators in charge of (preparation for) re-use , remanufacturing and recycling , the necessary information in this regard should be made available in product databases or systems or on the manufacturer’s websites , in addition to the instructions for use.


### (47) in order to be able to make informed choices , users of construction products should be sufficiently well informed about the environmental performances of products , about their conformity with environmental requirements and of the degree of fulfilment of manufacturer’s environmental obligations in this regard. therefore , the commission is empowered to adopt delegated acts to establish specific labelling requirements which might include the easily understandable traffic light labelling. ### deleted


### this regulation establishes harmonised rules for the making available on the market and direct installation of construction products , regardless of whether undertaken in the framework of a service or not , by establishing: ### this regulation establishes harmonised rules for the making available on the market of construction products , regardless of whether undertaken in the framework of a service or not , by establishing:


### rules on how to express the environmental , including climate , and safety performance of construction products in relation to their essential characteristics; ### harmonised rules on how to express the safety performance of construction products in relation to their essential characteristics;


### rules on how to express the environmental , including climate , and safety performance of construction products in relation to their essential characteristics; ### rules on how to express the overall environmental , including climate and biodiversity , energy and resource efficiency and safety performance of construction products in relation to their essential characteristics while avoiding substances of concern and ensuring indoor air quality and the health of humans;


### environmental , including climate , functional and safety product requirements for construction products. ### environmental , functional and safety product requirements for construction products.


### this regulation also establishes obligations incumbent on economic operators dealing with construction products or their components or with products that could be regarded as construction products whilst not being intended by their manufacturer to be construction products. ### this regulation also establishes obligations incumbent on economic operators dealing with construction products or their components.


### 3d-datasets placed on the market to permit the 3d-printing of construction products covered by this regulation and 3d-printed construction products and moulds; ### deleted


### materials intended to be used for the 3d-printing of construction products on or close to the construction site or for the manufacturing using moulds on or close to the construction site; ### deleted


### construction products manufactured on the construction site for immediate incorporation into construction works , without separate commercial action for the placing on the market; ### deleted


### prefabricated one-family-houses of less than 180 m2 surface floor space with one floor or of less than 100 m2 surface floor space on two floors. ### deleted


### sanitary appliances; ### deleted


### 4. this regulation also shall also apply to 3d-printing services of construction products and of items covered by this regulation. 3d-printing services include renting out of 3d-printing machines that could be used for construction products and items covered by this regulation. ### deleted


### (1) ‘construction product’ means any formed or formless physical item , including its packaging and instructions for use , or a kit or assembly combining such items , that is placed on the market or produced for incorporation in a permanent manner in construction works or parts thereof within the union , with the exception of items that are necessarily first integrated into an assembly , kit or other construction product prior to being incorporated in a permanent manner in construction works; ### (1) ‘construction product’ means any product or kit which is produced and placed on the market for incorporation in a permanent manner in construction works or parts thereof and the performance of which has an effect on the performance of the construction works with respect to the basic requirements for construction works;


### (1) ‘construction product’ means any formed or formless physical item , including its packaging and instructions for use , or a kit or assembly combining such items , that is placed on the market or produced for incorporation in a permanent manner in construction works or parts thereof within the union , with the exception of items that are necessarily first integrated into an assembly , kit or other construction product prior to being incorporated in a permanent manner in construction works; ### (1) ‘construction product’ means any product or a kit which is produced or placed on the market or supplied to the construction site for incorporation in a permanent manner in construction works or parts thereof within the union , including 3d-printed products or other items covered by this regulation in accordance with article 2(1) to (3);


### (2) ‘permanent’ means for a duration of two years or longer; ### (2) ‘permanent’ means for a duration of two years or longer after the completion of the construction works;


### (5) ‘direct installation’ means the installation of a product into a construction work of a client without prior making available on the market or the installation of a one-family house covered by this regulation , regardless whether in the framework of providing a service or not; ### deleted


### (7) ‘essential characteristics’ means those characteristics of the product which relate to the basic requirements for construction works as set out in annex i part a point 1 or which have been listed in annex i part a point 2; ### (7) ‘essential characteristics’ means those characteristics of the product which relate to the basic requirements for construction works as set out in annex i part a point 1 or the environmental characteristics which have been listed in annex i part a point 2;


### (9) ‘economic operator’ means the manufacturer , the authorised representative , the importer , the distributor , the fulfilment service provider , the 3d-printing service provider , manufacturer , importer or distributor of materials intended for 3d-printing of products , online seller , the broker , the supplier , the service provider , the own-brand-labeller or any other natural or legal person , other than authorities , notified bodies , technical assessment bodies and product contact points for construction who is subject to this regulation in relation to the manufacturing , de-installation for re-use , re-manufacturing or repackaging of products , or making those products available on the market or installing those products directly in accordance with this regulation , and economic operators as defined in article 3 , point (13) of regulation (eu) 2019/1020 of the european parliament and of the council44 ; ### (9) ‘economic operator’ means the manufacturer , the authorised representative , the importer , the distributor , online seller , the broker ,


### (10) ‘3d-printing service provider’ means any natural or legal person offering , in the course of a commercial activity , one of the following services: renting or leasing out 3d-printers , printing out 3d-printing datasets , or brokering one of these services , regardless of whether the printing material is provided by that person or not; ### (10) ‘3d-printing service provider’ means any natural or legal person offering , in the course of a commercial activity , one of the following services: renting or leasing out 3d-printers , printing a construction product on the basis of 3d-printing datasets , or brokering one of these services , regardless of whether the printing material is provided by that person or not;


### (57) ‘broker’ means any natural or legal person providing an intermediation service for the placing on the market or direct installation of products; ### (57) ‘broker’ means any natural or legal person providing an intermediation service for the placing on the market of products;


### the essential characteristics specified in accordance with paragraph 1 or listed in annex i part a point 2 and the methods for their assessment shall be laid down in standards which are rendered mandatory for purposes of application of this regulation. the essential characteristics of products shall be identified in view of the basic requirements for construction works , taking account of the regulatory needs of member states. ### the essential characteristics specified in accordance with paragraph 1 or listed in annex i part a , b , c , and the methods for their assessment shall be laid down in standards which are rendered mandatory for purposes of application of this regulation. the definition of climate change effects present annex i part a point 2 (a) should refer to a robust life-cycle carbon assessment. the essential characteristics and performances of products shall be identified in view of the basic requirements for construction works , taking account of the regulatory needs of member states and environmental sustainability objectives pursued by regulation (eu) ... [regulation on ecodesign for sustainable products].


### the essential characteristics specified in accordance with paragraph 1 or listed in annex i part a point 2 and the methods for their assessment shall be laid down in standards which are rendered mandatory for purposes of application of this regulation. the essential characteristics of products shall be identified in view of the basic requirements for construction works , taking account of the regulatory needs of member states. ### the essential characteristics identified in accordance with paragraph 1 or the essential environmental characteristics listed in annex i part a point 2 and the methods for their assessment shall be laid down in standards which are rendered mandatory for purposes of application of this regulation.


### the commission may issue standardisation requests in accordance with article 10 of regulation (eu) 1025/2012 laying down the basic principles and corner stones for the establishment of these essential characteristics and their assessment methods. ### the commission shall issue standardisation requests in accordance with article 10 of regulation (eu) 1025/2012 laying down the basic principles and corner stones for the establishment of these essential characteristics and their assessment methods. these standardisation request may include a request to determine the threshold levels and classes of performance in relation to these essential characteristics and which of the essential characteristics may or shall be declared by manufacturers. these standardisation requests shall be issued in accordance with the working plan established in accordance with article 93a.


### the respective standardisation requests may also include a request that the european standardisation organisation determine in the standards referred to in the first subparagraph the voluntary or mandatory threshold levels and classes of performance in relation to the essential characteristics and which of the essential characteristics may or shall be declared by manufacturers. in that case , the commission shall lay down the basic principles and corner stones for the establishment of the threshold levels , classes and mandatory characteristics in the standardisation request. ### deleted


### 3. by way of derogation from paragraph 2 and in order to cover the regulatory needs of member states and to pursue the goals of article 114 of the treaty on the functioning of the european union , the commission is empowered to supplement this regulation by means of delegated acts in accordance with article 87 , by establishing , for particular product families and categories , voluntary or mandatory essential characteristics and their assessment methods in any of the following cases: ### 3. while priority shall be given to the elaboration of standards the commission is empowered to supplement this regulation by means of delegated acts in accordance with article 87 and after consultation of the relevant european standardisation organisations and european stakeholder organisations receiving union financing under regulation (eu) no 1025/2012 , by establishing , for particular product families and categories , mandatory essential characteristics and their assessment methods in any of the following cases:


### there are undue delays in the adoption of certain standards referred to in the first subparagraph of article 4(2)by the european standardisation organisations , whilst an undue delay is given where the european standardisation organisation does not submit a standard within the time-frame set out in the standardisation request; ### there are undue delays in the adoption of certain standards referred to in the first subparagraph of article 4(2) by the european standardisation organisations , whilst an undue delay is given where the european standardisation organisation does not submit a standard within three years after having received the standardisation request;


### the standards referred to in the first subparagraph of article 4(2) are for other reasons considered not sufficient to cover regulatory needs of member states or the needs of economic operators; ### deleted


### (13) the compliance of construction products with union legislation often depends on the compliance of their key parts with that legislation. however , because key parts are often integrated into various construction products , the protection of safety and of the environment , including climate , is better achieved when those key parts are assessed upstream , that is when the performance and conformity of key parts will be assessed beforehand and independently from the assessment of the final construction product into which they are integrated. similarly , market surveillance becomes more efficient when non-compliant key parts can be identified and targeted. hence , it is necessary to lay down rules applicable to key parts of construction products. ### (13) the compliance of construction products with union legislation often depends on the compliance of their key parts with that legislation. however , because key parts are often integrated into various construction products , the protection of safety and of the environment , including climate and biodiversity , is better achieved when those key parts are assessed upstream , that is when the performance and conformity of key parts will be assessed beforehand and independently from the assessment of the final construction product into which they are integrated. similarly , market surveillance becomes more efficient when non-compliant key parts can be identified and targeted. hence , it is necessary to lay down rules applicable to key parts of construction products.


### (19) where harmonised standards lay down the rules for the assessment of performances with regard to essential characteristics relevant for the construction codes of member states , harmonised standards should be rendered mandatory for purpose of application of this regulation , as only such standards reach the goal of permitting the free circulation of products , whilst ensuring the member states’ ability to request safety and environmental , including climate-related , product characteristics in view of their specific national situation. when pursued together , these two goals require that products are assessed by a single assessment method , therefore the method needs to be mandatory. however , voluntary standards can be used to make product requirements , specified for the relevant product family or category by delegated acts , even more concrete , following the path of decision 768/2008 of the european parliament and of the council. in line with decision 768/2008 , those standards should be able to provide a presumption of conformity with the requirements covered by them. ### (19) where harmonised standards lay down the rules for the assessment of performances with regard to essential characteristics relevant for the construction codes of member states , harmonised standards should be rendered mandatory for purpose of application of this regulation , as only such standards reach the goal of permitting the free circulation of products , whilst ensuring the member states’ ability to request safety and overall environmental , including climate and biodiversity , energy and resource efficiency , the chemical substances and human health- related product characteristics in view of their specific national situation. when pursued together , these two goals require that products are assessed by a single assessment method , therefore the method needs to be mandatory. however , voluntary standards can be used to make product requirements , specified for the relevant product family or category by delegated acts , even more concrete , following the path of decision 768/2008 of the european parliament and of the council. in line with decision 768/2008 , those standards should be able to provide a presumption of conformity with the requirements covered by them.


### (19) where harmonised standards lay down the rules for the assessment of performances with regard to essential characteristics relevant for the construction codes of member states , harmonised standards should be rendered mandatory for purpose of application of this regulation , as only such standards reach the goal of permitting the free circulation of products , whilst ensuring the member states’ ability to request safety and environmental , including climate-related , product characteristics in view of their specific national situation. when pursued together , these two goals require that products are assessed by a single assessment method , therefore the method needs to be mandatory. however , voluntary standards can be used to make product requirements , specified for the relevant product family or category by delegated acts , even more concrete , following the path of decision 768/2008 of the european parliament and of the council. in line with decision 768/2008 , those standards should be able to provide a presumption of conformity with the requirements covered by them. ### (19) where harmonised standards lay down the rules for the assessment of performances with regard to essential characteristics relevant for the construction codes of member states , harmonised standards should be rendered mandatory for purpose of application of this regulation , as only such standards reach the goal of permitting the free circulation of products , whilst ensuring the member states’ ability to request safety and environmental , including climate-related , product characteristics in view of their differences in climate , geology and geography and other different conditions prevailing in the member states.when pursued together , these two goals require that products are assessed by a single assessment method , therefore the method needs to be mandatory. however , voluntary standards can be used to make product requirements , specified for the relevant product family or category by delegated acts , even more concrete , following the path of decision 768/2008 of the european parliament and of the council. in line with decision 768/2008 , those standards should be able to provide a presumption of conformity with the requirements covered by them.


### (25) a circular economy , the key element of the circular economy action plan , can be promoted by mandatory deposit-refund systems and the obligation to take back unused products. member states should therefore be allowed to take such measures. ### (25) the key elements of the circular economy and the circular economy action plan shall be promoted in all construction materials production and by mandatory deposit-refund systems and the obligation to take back unused products. member states should therefore be allowed to take such measures.


### (90) in order to enhance the use of sustainable construction products whilst avoiding market distortions and to reach alignment with the ecodesign for sustainable products regulation , member states’ public procurement practice should target the most sustainable amongst the compliant products. requirements applicable to public procurement contracts set out by implementing acts should be established according to objective , transparent and non-discriminatory criteria. ### (90) in order to enhance the use of sustainable construction products whilst avoiding market distortions and to reach alignment with the ecodesign for sustainable products regulation , member states’ public procurement practice should target the most sustainable amongst the compliant products. requirements applicable to public procurement contracts set out by delegated acts should be established according to objective , transparent and non-discriminatory criteria.


### (63) ‘life cycle’ means the consecutive and interlinked stages of a product’s life , from raw material acquisition or generation from natural resources over manufacturing , de-installation , possibly reuse with or without prior remanufacturing to final disposal; ### (63) ‘life cycle’ means the consecutive and interlinked stages of a product’s life , from raw material acquisition or generation from natural resources over manufacturing , de-installation , possibly reuse with or without prior remanufacturing to final disposal or recycling;


### 1. the basic requirements for construction works , set out in annex i part a point 1 shall constitute the basis for the preparation of standardisation requests and harmonised technical specifications. ### 1. the basic requirements for construction works , set out in annex i part a shall constitute the basis for the identification of essential characteristics of construction products. the essential characteristics of construction products shall be identified by the commission , taking into account the regulatory needs of the member states. the identified essential characteristics , together with the essential environmental characteristics listed in annex i , part b , shall form the basis for the preparation of standardisation requests and harmonised technical specifications.


### the commission shall verify that the basic principles and corner stones , and the union law are respected in the standards prior to publishing the reference thereof in the official journal in accordance with article 34. ### deleted


### the product does not to circulate outside the territory of that member state. ### deleted


### 1. for the product characteristics specified in annex i part a point 2 , the manufacturer shall assess the environmental characteristics of the product in accordance with harmonised technical specifications or with commission acts adopted under this regulation and use , once available , the latest version of the software made freely available on the website of the european commission. however , this shall not apply in case of used , remanufactured or surplus products , unless the economic operator , subject to the obligations of this article by virtue of article 26 , opts for the application of this regulation as for new products. ### 1. for the product characteristics specified in annex i part a point 2 , the manufacturer shall assess the environmental characteristics of the product using the assessment method specified in delegated acts adopted in accordance with article 4(3a) and use , once available , the latest version of the software made freely available on the website of the european commission. however , this shall not apply in case of used , remanufactured or surplus products , unless the economic operator , subject to the obligations of this article by virtue of article 26 , opts for the application of this regulation as for new products.


### 1. for the product characteristics specified in annex i part a point 2 , the manufacturer shall assess the environmental characteristics of the product in accordance with harmonised technical specifications or with commission acts adopted under this regulation and use , once available , the latest version of the software made freely available on the website of the european commission. however , this shall not apply in case of used , remanufactured or surplus products , unless the economic operator , subject to the obligations of this article by virtue of article 26 , opts for the application of this regulation as for new products. ### 1. for the product characteristics specified in annex i part a point 2 , the manufacturer shall assess the environmental characteristics of the product in accordance with harmonised technical specifications or with commission acts adopted under this regulation and use , once available , the latest version of the software made freely available on the website of the european commission.


### unless product safety or the safety of construction works is thereby negatively impacted , the manufacturer has the following obligations: ### unless product safety or the safety of construction works or their performance is thereby negatively impacted , the manufacturer shall if technically possible and economically reasonable and feasible:


### unless product safety or the safety of construction works is thereby negatively impacted , the manufacturer has the following obligations: ### for all products covered by this regulation , the manufacturer has the following obligations , unless product safety or the safety of construction works is thereby negatively impacted:


### design and manufacture products and their packaging in such a way that their overall environmental , including climate sustainability reaches the state of the art level , unless a lower level: ### design and manufacture products and their packaging in such a way that their overall environmental , including climate and biodiversity sustainability , energy and resource efficiency , substances of concern , harm to human health and indoor air quality performance is maximised in accordance with best available techniques , unless a lower level:


### design and manufacture products and their packaging in such a way that their overall environmental , including climate sustainability reaches the state of the art level , unless a lower level: ### design and manufacture products and their packaging in such a way that their overall sustainability reaches the state of the art level , unless a lower level:


### design and manufacture products and their packaging in such a way that their overall environmental , including climate sustainability reaches the state of the art level , unless a lower level: ### design and manufacture products and their packaging in such a way that their overall environmental , including climate sustainability reaches the state of the art level , as specified in the applicable harmonised technical specifications , unless a lower level:


### is proportionate when compared to the environmental sustainability improvement triggered by them at the level of the construction works; and ### is proportionate when compared to the environmental sustainability improvement triggered by them at the level of the construction works; or


### (ii) is either necessary to improve the environmental sustainability at the level of the construction works. ### (ii) is necessary to improve the environmental sustainability at the level of the construction works.


### prevent premature obsolescence of products , use reliable parts and design products in such a way that their durability does not fall beyond the average durability of products of the respective category; ### prevent premature obsolescence of products , use reliable parts and design products in such a way that their durability does not fall beyond the average durability of products of the respective category as specified in the harmonised technical specifications;


### prevent premature obsolescence of products , use reliable parts and design products in such a way that their durability does not fall beyond the average durability of products of the respective category; ### prevent premature obsolescence of products , use reliable parts and design products in such a way that their durability does not fall beyond the average durability of products of the respective category that serve the same purpose;


### design products in such a way that they can be easily repaired , refurbished and upgraded , unless such design triggers non-compliance with other requirements of this regulation , or other union law , or repairing , refurbishing or upgrading is risky for human safety or the environment , in which case the manufacturer shall refrain from repairable , refurbishable or upgradable design and warn against repairing in accordance with point (f); ### where relevant , design products in such a way that they can be easily repaired , refurbished and upgraded , unless such design triggers non-compliance with other requirements of this regulation , or other union law , or repairing , refurbishing or upgrading is risky for human safety or the environment , in which case the manufacturer shall refrain from repairable , refurbishable or upgradable design and warn against repairing in accordance with point (f);


### make available , in product databases , instructions for use and on permalinks of their own websites , information on how to repair the products and any additional information necessary for repairing , including relevant warnings; ### where relevant , make available , on their own or third party websites or product databases , instructions for use and information on how to repair the products and any additional information necessary for repairing , including relevant warnings;


### make available , in product databases , instructions for use and on permalinks of their own websites , information on how to repair the products and any additional information necessary for repairing , including relevant warnings; ### make available , at least on permalinks of their own websites and in the digital product passport established in accordance with article 78 , relevant instructions for use , information on how to repair the products and any additional information necessary for repairing , including relevant warnings;


### make available , in product databases , instructions for use and on permalinks of their own websites , information on how to repair the products and any additional information necessary for repairing , including relevant warnings; ### make available , in product databases , instructions for use and on permalinks or qr-codes of their own websites , information on how to repair the products and any additional information necessary for repairing , including relevant warnings;


### make available , in product databases , instructions for use and on permalinks of their own websites , information on how to repair the products and any additional information necessary for repairing , including relevant warnings; ### make available , in product databases or on its own website , instructions for use and on permalinks of their own websites , information on how to repair the products and any additional information necessary for repairing , including relevant warnings in respect of the manufacturer's intellectual property rights;


### make available on the market itself or by specially designated distributors or by manufacturers of spare parts , with reasonably short delivery time , spare parts for their products for 10 years after the last product of the respective type has been placed on the market or directly installed and inform proactively about this availability; ### where applicable , make available on the market itself or by specially designated distributors or by manufacturers of spare parts , with reasonably short delivery time , spare parts for their products for 10 years after the last product of the respective type has been placed on the market or directly installed and inform proactively about this availability;


### make available on the market itself or by specially designated distributors or by manufacturers of spare parts , with reasonably short delivery time , spare parts for their products for 10 years after the last product of the respective type has been placed on the market or directly installed and inform proactively about this availability; ### where relevant , make available on the market itself or by specially designated distributors or by manufacturers of spare parts , with reasonably short delivery time , spare parts for their products for 10 years after the last product of the respective type has been placed on the market or directly installed and inform proactively about this availability;


### make available on the market itself or by specially designated distributors or by manufacturers of spare parts , with reasonably short delivery time , spare parts for their products for 10 years after the last product of the respective type has been placed on the market or directly installed and inform proactively about this availability; ### make available on the market itself or by specially designated distributors or by manufacturers of spare parts , with reasonably short delivery time , spare or equivalent parts for their products for 10 years after the last product of the respective type has been placed on the market and inform proactively about this availability;


### make available , in product databases , instructions for use and on their own websites , information on how to remanufacture or recycle the products and any additional information necessary for re-use , remanufacturing or recycling , including relevant warnings; ### make available , at least on permalinks of their own websites and in the digital product passport established in accordance with article 78 , information on how to remanufacture or recycle the products and any additional information necessary for re-use , remanufacturing or recycling , including relevant warnings and indication on the placement of nearest recycling facilities;


### make available , in product databases , instructions for use and on their own websites , information on how to remanufacture or recycle the products and any additional information necessary for re-use , remanufacturing or recycling , including relevant warnings; ### where relevant , make available , on their own or third party websites or product databases , instructions for use , information on how to remanufacture or recycle the products and any additional relevant information necessary for re-use , remanufacturing or recycling , including relevant warnings;


### make available , in product databases , instructions for use and on their own websites , information on how to remanufacture or recycle the products and any additional information necessary for re-use , remanufacturing or recycling , including relevant warnings; ### make available , in product databases or in own website , instructions for use and on their own websites , information on how to remanufacture or recycle the products and any additional information necessary for re-use , remanufacturing or recycling , including relevant warnings;


### accept to regain , directly or via their importers and distributors , ownership of surplus and unsold products that are in a state equivalent to the one in which they were placed on the market. ### accept to regain free of charge , directly or via their importers and distributors , ownership of surplus and unsold products that are in a state equivalent to the one in which they were placed on the market , unless more than 5 years have passed since the product was placed on the market for the first time.


### accept to regain , directly or via their importers and distributors , ownership of surplus and unsold products that are in a state equivalent to the one in which they were placed on the market. ### accept to regain , directly or via their importers and distributors , ownership of surplus and unsold products when these are non-custom-made and in a state equivalent to the one in which they were placed on the market.


### 3. paragraph 2 , points (a) to (c) and paragraph 2 point (j) , shall not apply in case of used , remanufactured or surplus products , unless the economic operator , subject to the obligations of this article by virtue of article 26 , opts for the application of this regulation as for new products. ### 3. paragraph 2 , point (a) applies accordingly to the processing and packaging of re-used and remanufactured products. paragraph 2 , points (b) to (c) , shall not apply in case of used , remanufactured or surplus products , unless the economic operator , subject to the obligations of this article by virtue of article 26 , opts for the application of this regulation as for new products.


### 4. in order to specify the obligations set out in paragraph 2 , the commission is empowered to supplement this regulation , by means of delegated acts in accordance with article 87 , by specifying , for particular product families and categories , these obligations. alternatively , the commission may issue standardisation requests which aim at the elaboration of harmonised standards providing presumption of conformity with the obligations of paragraph 2 for a specific product family or category. the obligations contained in paragraph 2 shall not apply before such a delegated act or a harmonised standard has become applicable. ### 4. in order to specify the obligations set out in paragraph 2 , the commission shall supplement this regulation , by means of delegated acts in accordance with article 87 , by specifying , for particular product families and categories , these obligations. alternatively ,the commission may issue standardisation requests which aim at the elaboration of harmonised standards providing presumption of conformity with the obligations of paragraph 2 for a specific product family or category. the obligations contained in paragraph 2 , points (a) , (d) , (e) and (h) , shall not apply before such a delegated act or a harmonised standard has become applicable.


### 4. the commission shall assess the conformity of construction products standards established by the european standardisation organisations with the relevant standardisation requests , with this regulation and with other union law. the commission shall publish or publish with restrictions in the official journal of the european union the list of references of accepted conforming construction products standards that have been made available at an affordable price. where a reference to a standard cannot be published otherwise in the official journal , the commission is empowered to supplement this regulation by delegated acts adopted in accordance with article 86 to modify the respective standards for purposes of legal effects under this regulation. ### 4. the commission shall assess the conformity of construction products standards established by the european standardisation organisations with the relevant standardisation requests , with this regulation and with other union law. the commission shall publish or publish with restrictions in the official journal of the european union the list of references of accepted conforming construction products standards that have been made available at an affordable price. where a reference to a standard cannot be published otherwise in the official journal , the commission is empowered to supplement this regulation by delegated acts adopted in accordance with article 86 and in consultation with the european standardization organisations , to modify the respective standards for purposes of legal effects under this regulation.


### where a delegated act defines classes of performance in relation to more than one sustainability parameter , it shall be indicated therein in relation to which parameter this article should be implemented. ### where classes of performance are defined in relation to more than one sustainability parameter , it shall be indicated therein in relation to which parameter this article should be implemented.


### 2. where no delegated act is adopted pursuant to article 4(4) , the commission may specify in the delegated acts adopted pursuant to article 4(3) , which levels of performance related to product parameters the member states incentives shall concern. ### deleted


### 3. when establishing requirements pursuant to paragraph 1 for public contracts , the commission shall take into account the following criteria: ### 3. when establishing requirements pursuant to paragraph 1 for public contracts , the commission may take into account the following criteria:


### 2. the power to adopt delegated acts referred to in article 4(3) , (4) and (5) , article 5(2) and (3) , article 6(1) to (3) , article 8 , article 11(3) , article 22(4) and (5) , article 35(4) , article 44(1) , article 73(1) and (2) , article 78(1) , article 84(1) and article 90(4) shall be conferred on the commission for a period of five years from … [the date of entry into force of this regulation]. the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period. ### 2. the power to adopt delegated acts referred to in article 4(3) , (4) and (5) , article 5(2) and (3) , article 6(1) to (3) , article 8 , article 11(3) , article 22(4) and (5) , article 35(4) , article 44(1) , article 73(1) and (2) , article 78(1) , article 84(1) and article 90(4) shall be conferred on the commission for a period of six years from … [the date of entry into force of this regulation]. the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the six-year period. the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period.


### the release of hazardous substances or radiation into ground water , marine or surface waters or soil; ### the release of substances in concern , microplastics or radiation into air , ground water , marine or surface waters or soil;


### the release of net greenhouse gas emissions into the atmosphere. ### the release of greenhouse gas emissions into the atmosphere.


### climate change effects (mandatory); ### global warming potential total (gwp—total) (mandatory);


### climate change effects (mandatory); ### global warming potential total (gwp—total);


### ozone depletion; ### depletion potential of the stratospheric ozone layer [odp) (mandatory);


### ozone depletion; ### depletion potential of the stratospheric ozone layer (odp);


### acidification potential; ### acidification potential , accumulated exceedance (ap) (mandatory);


### acidification potential; ### acidification potential , accumulated exceedance (ap);


### eutrophication aquatic freshwater; ### eutrophication potential , fraction of nutrients reaching freshwater end compartment (ep-freshwater) (mandatory);


### eutrophication aquatic freshwater; ### eutrophication potential , fraction of nutrients reaching freshwater end compartment (ep-freshwater);


### eutrophication aquatic marine; ### eutrophication potential , fraction of nutrients reaching marine end compartment (ep-marine)(mandatory);


### eutrophication aquatic marine; ### eutrophication potential , fraction of nutrients reaching marine end compartment (ep-marine);


### eutrophication terrestrial; ### eutrophication potential , accumulated exceedance (ep - terrestrial) (mandatory);


### eutrophication terrestrial; ### eutrophication potential , accumulated exceedance (ep - terrestrial);


### photochemical ozone; ### formation potential of tropospheric ozone (pocp);


### photochemical ozone; ### formation potential of tropospheric ozone (pocp) (mandatory);


### abiotic depletion – minerals , metals; ### abiotic depletion potential for non-fossil resources (adp minerals- & metals);


### abiotic depletion – minerals , metals; ### abiotic depletion potential for non-fossil resources (adp minerals & metals) (mandatory);


### abiotic depletion – fossil fuels; ### abiotic depletion for fossil resources potential (adp- fossil);


### abiotic depletion – fossil fuels; ### abiotic depletion for fossil resources potential (adp-fossil) (mandatory);


### water use; ### water (user) deprivation potential , deprivation-weighted water consumption (wdp) (mandatory);


### water use; ### water (user) deprivation potential , deprivation-weighted water consumption (wdp);


### particulate matter; ### deleted


### ionizing radiation , human health; ### deleted


### eco-toxicity , freshwater; ### deleted


### human toxicity , cancer; ### deleted


### human toxicity , non-cancer; ### deleted


### land use related impacts. ### deleted


### harmonised technical specifications shall indicate that for the essential characteristic of climate change effects under point (a) it is mandatory for the manufacturer to declare the performance of the product as set out in articles 11(2) and 22(1). ### for the essential characteristic "environmental sustainability" , all environmental impact indicators a) to m) must be declared as a whole.


### harmonised technical specifications shall indicate that for the essential characteristic of climate change effects under point (a) it is mandatory for the manufacturer to declare the performance of the product as set out in articles 11(2) and 22(1). ### harmonised technical specifications shall indicate that as essential characteristic related to life cycle assessment it is mandatory for the manufacturer to declare the performance of the product as set out in articles 11(2) and 22(1).


### harmonised technical specifications shall also cover to the extent possible the essential characteristic of capability to temporarily bind carbon and of other carbon removals. ### deleted


### maximising durability in terms of the expected average life span , the expected minimum life span under worst but still realistic conditions , and in terms of the minimum life span requirements; ### maximising reliability and durability in terms of the guaranteed life span , expected average life span , the expected minimum life span under worst but still realistic conditions taking into account resistance to stresses or ageing mechanisms , and in terms of the minimum life span requirements. emissions from life-cycle extensions should be assessed and compared with demolition and reconstruction emissions through pre-demolition audits;


### maximising recycled content wherever possible without safety loss or outweighing negative environmental impact; ### maximising reused , recycled and by-product content wherever possible without safety loss or outweighing negative environmental impact;


### harmonised technical specifications shall , as appropriate , specify these inherent product environmental requirements , which might relate to but are in essence independent from the phase of the installation of the product into construction works. ### delegated acts adopted in accordance with article 5(2) shall , as appropriate , specify these inherent product environmental requirements for product families or categories , which might relate to but are in essence independent from the phase of the installation of the product into construction works.


### when specifying the inherent product environmental requirements , harmonised technical specifications shall at least cover the following elements: ### when specifying the inherent product environmental requirements , delegated acts shall at least cover the following elements:


### when specifying the inherent product environmental requirements , harmonised technical specifications may differentiate these in accordance with performance classes. ### delegated acts adopted in accordance with article 5(2) shall , where applicable , determine mandatory threshold levels and classes of performance for particular product families and categories in relation to the inherent product environmental requirements referred to in paragraph 2.


### (22) in order to foster harmonised practices amongst member states even where a consensus about these practices could not be found , the commission should be empowered to adopt , with regard to a limited range of issues , implementing acts on the implementation of this regulation. the respective empowerments concern the definitions , the obligations and rights of economic operators and the obligations and rights of notified bodies. ### (22) in order to foster harmonised practices amongst member states even where a consensus about these practices could not be found , the commission should be empowered to adopt , and based on further specified criteria , implementing acts on the implementation of this regulation. the respective empowerments concern the definitions , the obligations and rights of economic operators and the obligations and rights of notified bodies.


### (46) some construction products become waste though they were never used. to avoid this waste of resources , manufacturers should accept to regain , directly or via their importers and distributors , ownership of products that , after delivery onto a construction site or to the user , have not been used and are in a state equivalent to the one in which they were placed on the market. ### (46) some construction products become waste though they were never used. to avoid this waste of resources , manufacturers should accept to regain , directly or via their importers and distributors , ownership of non-custom-made products that , after delivery onto a construction site or to the user , have not been used and are in a state equivalent to the one in which they were placed on the market.


### 2. providers of moulds and of 3d-datasets intended to produce items covered by this regulation shall produce 10 such items and shall make them available to the notified body , technical assessment body and to authorities on request. providers of moulds and of 3d-datasets intended to produce items covered by this regulation shall assess and document the fulfilment of requirements of this regulation with regard to the produced items. ### deleted


### 3. providers of materials intended to be used for the 3d-printing of items covered by this regulation on or close to the construction site shall produce 10 such items for each intended use and shall make them available to the notified body , technical assessment body and to authorities on request. providers of materials intended to be used for the 3d-printing of items covered by this regulation on or close to the construction site shall assess and document the fulfilment of requirements of this regulation with regard to the produced items. ### deleted


### where the product is not covered by any harmonised technical specification or european assessment document and where no such harmonised technical specification is intended to be adopted in the next two years , or no such or european assessment document is already in the procedure of developing pursuant to annex iii , the tab shall apply the procedures set out in annex iii or those established in accordance with article 35(4). ### where the product is not covered by any harmonised technical specification or european assessment document and where no such harmonised technical specification is intended to be adopted in the next year , or no such or european assessment document is already in the procedure of developing pursuant to annex iii , the tab shall apply the procedures set out in annex iii or those established in accordance with article 35(4).


### 7. notified bodies shall ensure rotation between the personnel carrying out different assessment tasks. ### 7. notified bodies shall if possible and proportionate ensure rotation between the personnel carrying out different assessment tasks.


### member states shall require that , when information is provided to consumers in accordance with this directive , such information is provided without charge to the consumer. ### member states shall require that , when information is provided to consumers in accordance with this directive , such information is provided timely and without charge to the consumer.


### member states shall require that , when information is provided to consumers in accordance with this directive , such information is provided without charge to the consumer. ### member states shall require that , when information is provided to consumers in accordance with this directive , such information is provided without charge to the consumer. the lender may charge a reasonable fee if additional information beyond the minimum requirements of this directive are provided upon the request of the borrower.


### article 6 ### deleted


### 6. upon request from the consumer , the creditor and , where applicable , the credit intermediary shall , in addition to the european consumer credit information and the standard european consumer credit overview form , provide the consumer free of charge with a copy of the draft credit agreement , provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement with the consumer. ### 6. upon request from the consumer , the creditor and , where applicable , the credit intermediary shall , in addition to the european consumer credit information , provide the consumer free of charge with a copy of the draft credit agreement , provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement with the consumer.


### 6. upon request from the consumer , the creditor and , where applicable , the credit intermediary shall , in addition to the european consumer credit information and the standard european consumer credit overview form , provide the consumer free of charge with a copy of the draft credit agreement , provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement with the consumer. ### 6. upon request from the consumer , the creditor and , where applicable , the credit intermediary shall , in addition to the european consumer credit information form , provide the consumer free of charge with a copy of the draft credit agreement , provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement with the consumer.


### 7. if the agreement has been concluded at the consumer's request using a means of distance communication which does not enable the information to be provided in accordance with this article , the creditor shall immediately after the conclusion of the credit agreement provide the consumer with the european consumer credit information form and the standard european consumer credit overview form immediately after the conclusion of the credit agreement. ### 7. if the agreement has been concluded at the consumer's request using a means of distance communication which does not enable the information to be provided in accordance with this article , the creditor shall immediately after the conclusion of the credit agreement provide the consumer with the european consumer credit information form.


### 7. if the agreement has been concluded at the consumer's request using a means of distance communication which does not enable the information to be provided in accordance with this article , the creditor shall immediately after the conclusion of the credit agreement provide the consumer with the european consumer credit information form and the standard european consumer credit overview form immediately after the conclusion of the credit agreement. ### 7. if the agreement has been concluded at the consumer's request using a means of distance communication which does not enable the information to be provided in accordance with this article , the creditor shall immediately after the conclusion of the credit agreement provide the consumer with the european consumer credit information form immediately after the conclusion of the credit agreement.


### the information referred to in article 10 , 11 and 38; ### the information referred to in article 10 , 11 and 38 with particular emphasis on explaining the legal and financial consequences that may result from improper performance of contractual obligations;


### member states shall require that creditors , credit intermediaries and providers of crowdfunding credit services inform consumers when they are presented with a personalised offer that is based on profiling or other types of automated processing of personal data. ### member states shall require that creditors , credit intermediaries and providers of crowdfunding credit services inform consumers in clear and unambiguous manner when they are presented with a personalised offer that is based on profiling or other types of automated processing of personal data.


### 1. member states may allow bundling practices but shall prohibit tying practices. ### 1. member states shall allow bundling practices but shall prohibit tying practices.


### 2. by way of derogation from paragraph 1 and without prejudice to the application of competition law , member states may allow creditors or providers of crowdfunding credit services to request the consumer to open or maintain a payment or a savings account , where the only purpose of such an account is one of the following: ### 2. by way of derogation from paragraph 1 and without prejudice to the application of competition law , member states may allow creditors or providers of crowdfunding credit services to request the consumer , a family member or a close relation to the consumer to open or maintain a payment or a savings account , where the only purpose of such an account is one of the following:


### 3. by way of derogation from paragraph 1 and without prejudice to the application of competition law , member states may allow tying practices where the creditor or the provider of crowdfunding credit services can demonstrate to the competent authority that the tied products or categories of product offered , on terms and conditions similar to each other , result in a clear benefit to the consumers taking due account of the availability and the prices of the relevant products offered on the market. ### 3. by way of derogation from paragraph 1 and without prejudice to the application of competition law , member states shall allow tying practices where the creditor or the provider of crowdfunding credit services can demonstrate to the competent authority that the tied products or categories of product offered , on terms and conditions similar to each other , result in a clear benefit to the consumers taking due account of the availability and the prices of the relevant products offered on the market.


### 2. the agreement of the consumer to the purchase of ancillary services presented through boxes shall be given by a clear affirmative act establishing a freely given , specific , informed and unambiguous indication of his or her approval to the content and substance associated to the boxes. ### 2. the agreement of the consumer to the purchase of ancillary services presented through boxes shall be given by unambiguous and clear affirmative act establishing a freely given , specific , informed and unambiguous indication of his or her approval to the content and substance associated to the boxes.


### 1. member states shall require that the creditor , and where applicable the credit intermediary and the provider of crowdfunding credit services explicitly inform the consumer , in the context of a given transaction , whether advisory services are being or can be provided to the consumer. ### 1. member states shall ensure that the creditor , and where applicable the credit intermediary and the provider of crowdfunding credit services explicitly inform the consumer , in the context of a given transaction , whether advisory services are being or can be provided to the consumer.


### 2. member states shall require that the creditor , and where applicable the credit intermediary and the provider of crowdfunding credit services , before the provision of advisory services or the conclusion of a contract for the provision of such services , provide the consumer with the following information on paper or another durable medium: ### 2. member states shall ensure that the creditor , and where applicable the credit intermediary and the provider of crowdfunding credit services , before the provision of advisory services or the conclusion of a contract for the provision of such services , provide the consumer with the following information on paper or another durable medium:


### consider a sufficiently large number of credit agreements or crowdfunding credit services in their product range and on that basis recommend a credit agreement or several credit agreements , or crowdfunding credit services from among that product range that is suitable to the consumer’s needs , financial situation and personal circumstances; ### consider a sufficiently large number of credit agreements or crowdfunding credit services in their product range and on that basis recommend a credit agreement or several credit agreements , or crowdfunding credit services from among that product range that is suitable to the consumer’s needs , financial situation and personal circumstances; non-tied intermediaries consider for that purpose a sufficiently large number of credit agreements or crowdfunding credit services available on the market and make the recommendation on that basis.


### the advisory services are provided in the context of management of existing debt by public or voluntary debt advisory services providers which do not operate on a commercial basis; ### the advisory services are provided in the context of management of existing debt by public or voluntary debt advisory services providers which do not operate on a commercial basis but which meet the professional criteria to provide advisory services set by the member state;


### member states shall prohibit any sale of credit to consumers , without their prior request and explicit agreement. ### without prejudice to the creditor’s ability to make offers to consumers , member states shall ensure that any sale of credit to consumers is carried out at their request and with their explicit agreement.


### member states shall prohibit any sale of credit to consumers , without their prior request and explicit agreement. ### member states shall prohibit any sale of credit to consumers , without their prior request and explicit agreement. this provision shall not inhibit general advertising activities.


### member states shall prohibit any sale of credit to consumers , without their prior request and explicit agreement. ### member states shall prohibit any offer or sale of credit to consumers , without their prior request and explicit agreement.


### 1. member states shall require that , before concluding a credit agreement , or an agreement for the provision of crowdfunding credit services , the creditor or , where applicable , the provider of crowdfunding credit services makes a thorough assessment of the consumer’s creditworthiness. that assessment shall be done in the interest of the consumer , to prevent irresponsible lending practices and over-indebtedness , and shall take appropriate account of factors relevant to verifying the prospect of the consumer to meet his or her obligations under the credit agreement or the agreement for the provision of crowdfunding credit services. ### 1. member states shall require that , before concluding a credit agreement , or an agreement for the provision of crowdfunding credit services , the creditor or , where applicable , the provider of crowdfunding credit services makes a full assessment of the consumer’s creditworthiness. that assessment shall be done in the interest of the consumer and of the creditor , to prevent irresponsible lending practices and over-indebtedness , and shall take , on the basis of what is proportionate , appropriate account of factors relevant to verifying the prospect of the consumer to meet his or her obligations under the credit agreement or the agreement for the provision of crowdfunding credit services. the obligation to assess the consumer's creditworthiness is considered fulfilled if the creditor has complied with the provisions of directive 2013/36/eu , regulation (eu) no 573/2013 and the eba guidelines on the granting and monitoring of credit.


### 1. member states shall require that , before concluding a credit agreement , or an agreement for the provision of crowdfunding credit services , the creditor or , where applicable , the provider of crowdfunding credit services makes a thorough assessment of the consumer’s creditworthiness. that assessment shall be done in the interest of the consumer , to prevent irresponsible lending practices and over-indebtedness , and shall take appropriate account of factors relevant to verifying the prospect of the consumer to meet his or her obligations under the credit agreement or the agreement for the provision of crowdfunding credit services. ### 1. member states shall require that , before concluding a credit agreement , or an agreement for the provision of crowdfunding credit services , the creditor or , where applicable , the provider of crowdfunding credit services makes comprehensive assessment of the consumer’s creditworthiness. that assessment shall be done in the interest of the consumer , to prevent irresponsible lending practices and over-indebtedness , and shall take appropriate account of factors relevant to verifying the prospect of the consumer to meet his or her obligations under the credit agreement or the agreement for the provision of crowdfunding credit services.


### 1. member states shall require that , before concluding a credit agreement , or an agreement for the provision of crowdfunding credit services , the creditor or , where applicable , the provider of crowdfunding credit services makes a thorough assessment of the consumer’s creditworthiness. that assessment shall be done in the interest of the consumer , to prevent irresponsible lending practices and over-indebtedness , and shall take appropriate account of factors relevant to verifying the prospect of the consumer to meet his or her obligations under the credit agreement or the agreement for the provision of crowdfunding credit services. ### 1. member states shall require that , before concluding a credit agreement , or an agreement for the provision of crowdfunding credit services , the creditor or , where applicable , the provider of crowdfunding credit services has made a positive assessment of the consumer’s creditworthiness. that assessment shall be done in the interest of the consumer , to prevent irresponsible lending practices and over-indebtedness , and shall take appropriate account of factors relevant to verifying the prospect of the consumer to meet his or her obligations under the credit agreement or the agreement for the provision of crowdfunding credit services.


### 2. the assessment of creditworthiness shall be carried out on the basis of relevant and accurate information on the consumer’s income and expenses and other financial and economic circumstances which is necessary and proportionate such as evidence of income or other sources of repayment , information on financial assets and liabilities , or information on other financial commitments. the information shall be obtained from relevant internal or external sources , including the consumer and , where necessary , on the basis of a consultation of a database referred to in article 19. ### 2. the assessment of creditworthiness shall be carried out on the basis of credit scoring models and analysis of the customer's credit history based on information from own and external databases including debts registers. when the total amount of credit exceeds eur 5 000 the assessment shall be carried out also on the basis of relevant and accurate information on the consumer’s income and expenses and other financial and economic circumstances which is necessary and proportionate such as evidence of income or other sources of repayment , information on financial assets and liabilities , or information on other financial commitments. the information shall be obtained from relevant internal or external sources , including the consumer and , where necessary , on the basis of a consultation of a database referred to in article 19.


### 2. the assessment of creditworthiness shall be carried out on the basis of relevant and accurate information on the consumer’s income and expenses and other financial and economic circumstances which is necessary and proportionate such as evidence of income or other sources of repayment , information on financial assets and liabilities , or information on other financial commitments. the information shall be obtained from relevant internal or external sources , including the consumer and , where necessary , on the basis of a consultation of a database referred to in article 19. ### 2. the assessment of creditworthiness shall be carried out on the basis of relevant and accurate information on the consumer’s income and expenses and other financial and economic circumstances which is necessary and proportionate. the information shall be obtained from relevant internal or external sources , including the consumer and , where necessary , on the basis of a consultation of a database referred to in article 19.


### 2. the assessment of creditworthiness shall be carried out on the basis of relevant and accurate information on the consumer’s income and expenses and other financial and economic circumstances which is necessary and proportionate such as evidence of income or other sources of repayment , information on financial assets and liabilities , or information on other financial commitments. the information shall be obtained from relevant internal or external sources , including the consumer and , where necessary , on the basis of a consultation of a database referred to in article 19. ### 2. the assessment of creditworthiness shall be carried out on the basis of relevant and extensive information on the consumer’s income and expenses and other financial and economic circumstances which is necessary and proportionate such as evidence of income or other sources of repayment , information on financial assets and liabilities , or information on other financial commitments. the information shall be obtained from relevant internal or external sources , including the consumer and , where necessary , on the basis of a consultation of a database referred to in article 19.


### the information obtained in accordance with this paragraph shall be appropriately verified , where necessary through reference to independently verifiable documentation. ### the information obtained in accordance with this paragraph , where possible and necessary , shall be appropriately verified , through reference to independently verifiable documentation.


### 2. the assessment of creditworthiness shall be carried out on the basis of relevant and accurate information on the consumer’s income and expenses and other financial and economic circumstances which is necessary and proportionate such as evidence of income or other sources of repayment , information on financial assets and liabilities , or information on other financial commitments. the information shall be obtained from relevant internal or external sources , including the consumer and , where necessary , on the basis of a consultation of a database referred to in article 19. ### 2. the assessment of creditworthiness shall be carried out on the basis of relevant information on the consumer’s financial situation. the information shall be obtained from relevant internal or external sources , including the consumer and , where necessary , on the basis of a consultation of a database referred to in article 19. the assessment shall be conducted in a manner that is proportionate to the value and complexity of the credit being sold.