### under the conditions set out in point (a)(i) and (ii) give preference to recyclable materials and materials gained from recycling; ### under the conditions set out in point (a)(i) and (ii) give preference to local resources , recyclable materials , renewable materials , sustainably sourced materials , nature-based solutions and materials gained from reuse and recycling;


### under the conditions set out in point (a)(i) and (ii) give preference to recyclable materials and materials gained from recycling; ### under the conditions set out in point (a)(i) and (ii) give preference to reusable and sustainably locally sourced bio-based materials , recyclable materials and materials gained from re-use and recycling


### design products in such a way that re-use , remanufacturing and recycling are facilitated , namely by facilitating the separation of components and materials at the later stage of recycling and avoiding mixed , blended or intricate materials , unless remanufacturing and recycling are risky for human safety or the environment. in this case the manufacturer shall refrain from such design and warn against remanufacturing and recycling in accordance with the following point; ### design products , components and materials so that they are reusable , remanufacturable and recyclable , namely by facilitating the separation of products , components and materials at the later stage of recycling and , unless remanufacturing and recycling are risky for human safety or the environment. in this case the manufacturer shall refrain from such design and warn against remanufacturing and recycling in accordance with the following point;


### 5. in order to ensure transparency for the users and to promote sustainable products , the commission is empowered to supplement this regulation by delegated acts adopted in accordance with article 87 to establish specific environmental sustainability labelling requirements including “traffic-light-labelling” in relation to environmental obligations set out in paragraph 1 , product inherent environmental requirements set out in annex i part c point 2 , and environmental performance classes established in accordance with of article 4(4) , point (a). ### 5. in order to ensure transparency for the users and to promote sustainable products , the commission shall supplement this regulation by delegated acts adopted in accordance with article 87 to establish specific environmental sustainability , reporting requirements based on environmental product declarations (epds) and environmental sustainability , labelling requirements including scoring systems or “traffic-light-labelling” in relation to environmental obligations set out in paragraph 1 , product inherent environmental requirements set out in annex i part c point 2 , and environmental performance classes established in accordance with of article 4(4) , point (a).


### 6. the manufacturer shall affix the traffic light label in the way set out in the delegated acts adopted in accordance with paragraph 5. ### 6. the manufacturer shall affix the scoring system or traffic light label in the way set out in the delegated acts adopted in accordance with paragraph 5 , including in a visible manner at the point of sale , including online sales , and on the website of the manufacturer.


### 1. a manufacturer may appoint , by a written mandate , any natural or legal person established within the union as a single authorised representative. a manufacturer not established in the union shall appoint a single authorised representative. ### 1. a manufacturer established in the union may appoint , by a written mandate , any natural or legal person established within the union as a single authorised representative. a manufacturer not established in the union shall appoint a single authorised representative.


### 7. the importer shall investigate complaints , and , if necessary , keep a register of complaints , of non-conforming products and of product withdrawals or recalls , and shall keep manufacturers and distributors informed of any such monitoring. ### 7. the importer shall investigate complaints , and , keep a register of complaints , of non-conforming products and of product withdrawals or recalls , and shall keep manufacturers and distributors informed of any such monitoring.


### 8. the importer selling to final users shall also fulfil the obligations incumbent on distributors. ### 8. the importer selling to final users shall also fulfil the obligations incumbent on distributors. they shall ensure that no products are sold to consumers or other non-professional users which are labelled “for professional use only”. these products shall , in their premises , online and on paper publicity material , be presented as products for professional use only.


### it claims for it characteristics deviating from the characteristics claimed by the manufacturer. ### it claims for it characteristics deviating from the characteristics declared by the manufacturer.


### (ii) opts for assuming the role of the manufacturer. ### deleted


### provide to manufacturers , notified bodies and authorities all available information on the environmental sustainability of their supplied component or service; ### provide to manufacturers , notified bodies and authorities all available information on the social impact and environmental sustainability of their supplied component or service all along their lifecycle , in compliance with article 4 , article 5 and article 22 and including relevant information over raw material extraction and biodiversity impacts;


### 2. where a supplier or service provider has been informed in accordance with the last sentence of article 21(8) , it shall forward that information to his other clients who have , in the last 5 years , received components or services which are identical with regard to the issue in question. in case of a serious risk as defined in article 3 , point (71) or a risk falling under the last sentence of article 21(9) , the supplier or service provider shall also inform the national competent authorities of the member states where products with that component or manufacturing service have been made available on the market or directly installed; where it cannot identify these member states , it shall inform all national competent authorities. ### 2. where a supplier or service provider has been informed in accordance with the last sentence of article 21(8) , it shall forward that information to his other clients who have , in the last 3 years , received components or services which are identical with regard to the issue in question. in case of a serious risk as defined in article 3 , point (71) or a risk falling under the last sentence of article 21(9) , the supplier or service provider shall also inform the national competent authorities of the member states where products with that component or manufacturing service have been made available on the market or directly installed; where it cannot identify these member states , it shall inform all national competent authorities.


### a harmonised technical specification; ### a harmonised standard;


### a harmonised technical specification intended to be adopted in the next 2 years as from the date of verification with the commission; ### a harmonised standard intended to be adopted in the next 1 year as from the date of verification with the commission;


### the product shall not be considered as covered by the harmonised technical specification where: ### the product shall not be considered as covered by the harmonised standard where:


### disclose as little as possible information protected by intellectual property rights , and protect commercial secrecy and confidentiality; ### to not disclose information protected by intellectual property rights , and protect commercial secrecy and confidentiality;


### 2. where the commission consider a complaint or report relevant and substantiated , it shall assign it to a market surveillance authority for it to follow-up with the relevant natural or legal person in accordance with article 11(7) , point (a) of regulation (eu) 2019/1020. ### 2. where the commission consider a complaint or report relevant and substantiated based on a clearly defined criteria , it shall without undue delay assign it to a market surveillance authority for it to follow-up with the relevant natural or legal person in accordance with article 11(7) , point (a) of regulation (eu) 2019/1020.


### 2. member states shall designate , amongst their competent authorities , the ‘national competent authority’ which is the focal point for contacts with other member states. ### 2. member states shall designate , amongst their competent authorities , the ‘national competent authority’ which is the single point of contact for communication with other member states.


### where , on completion of the procedure set out in article 70(4) , objections are raised against a measure taken by a member state or where the commission considers a national measure to be contrary to union legislation , the commission shall without delay enter into consultation with the member states and the relevant economic operators and shall evaluate the national measure. on the basis of the results of that evaluation , the commission shall decide by means of implementing act adopted whether the measure is justified or not. ### where , on completion of the procedure set out in article 70(4) , objections are raised against a measure taken by a member state or where the commission considers a national measure to be contrary to union legislation , the commission shall without delay enter into consultation with the member states and the relevant economic operators and shall evaluate the national measure. on the basis of the results of that evaluation , the commission shall , within 3 months from the notification referred to in article 70(6) decide by means of implementing act adopted whether the measure is justified or not.


### 2. if the national measure is considered justified , all member states shall take the necessary measures to ensure that the non-compliant product is withdrawn from their markets and shall inform the commission accordingly. if the national measure is considered unjustified , the member state concerned shall withdraw the measure. ### 2. if the national measure is considered justified , all member states shall take the necessary measures to ensure that the non-compliant product is withdrawn from their markets without delay and shall inform the commission accordingly. if the national measure is considered unjustified , the member state concerned shall withdraw the measure.


### 8. member states and the commission may use artificial intelligence to detect diverging decision making practices. ### 8. member states and the commission may use artificial intelligence systems to detect diverging decision making practices.


### 1. the commission is empowered to supplement this regulation by means of delegated act according to article 87 , by setting up a union construction products database or system that builds to the extent possible on the digital product passport established by regulation (eu) ... [regulation on ecodesign for sustainable products]. ### 1. the commission is empowered to supplement this regulation by means of delegated act according to article 87 ,by setting up and updating the construction product passport referred to in article 15a. when establishing and updating the construction product passport , the commission shall ensure that it meets all conditions established by regulation (eu) [regulation on eco design for sustainable products] , taking into account the specific characteristics and requirements related to construction products.


### 1. the commission is empowered to supplement this regulation by means of delegated act according to article 87 , by setting up a union construction products database or system that builds to the extent possible on the digital product passport established by regulation (eu) ... [regulation on ecodesign for sustainable products]. ### 1. the commission shall supplement this regulation by means of delegated act according to article 87 , by setting up digital product passport established by regulation (eu) ... [regulation on ecodesign for sustainable products] , which shall meet all conditions established by regulation (eu) [regulation on ecodesign for sustainable products]. the digital product passport shall contain all information provided by the manufacturers and included both in the declaration of performance and declaration of conformity.


### 2. economic operators may access all information stored in that database or system which regards them specifically. they may request that incorrect information is corrected. ### deleted


### the commission may , by implementing acts give access to this database or system to certain authorities of third countries that apply voluntarily this regulation or that have regulatory systems for construction products similar to this regulation provided that these countries: ### the commission may , by implementing acts define specific conditions applicable for construction products specifically:


### ensure confidentiality , ### deleted


### are partners of a mechanism for lawful transfers of personal data compliant with the regulation (eu) 2016/67948 , ### deleted


### commit to engage actively by notifying facts that might trigger the need for action of market surveillance authorities , and ### deleted


### commit to engage against economic operators infringing this regulation from their territory. ### deleted


### where member states provide incentives for a product category covered by a delegated act establishing performance classes in accordance with article 4(4) , point (a) or a “traffic-light-labelling” in accordance with article 22(5) , those incentives shall aim at the highest two populated classes / colour codes , or at higher classes / better colour codes. ### where member states provide incentives for a product category covered by a delegated act establishing performance classes in accordance with article 4(4) , point (a) or a “scoring system” in accordance with article 22(5) , those incentives shall aim at the highest two classes / scores.


### where member states provide incentives for a product category covered by a delegated act establishing performance classes in accordance with article 4(4) , point (a) or a “traffic-light-labelling” in accordance with article 22(5) , those incentives shall aim at the highest two populated classes / colour codes , or at higher classes / better colour codes. ### where member states provide incentives for a product category covered by a delegated act establishing performance classes in accordance with article 4(4) , point (a) or a “scoring system” in accordance with article 22(5) , those incentives shall aim at the highest two populated classes / scores.


### the need to ensure sufficient demand for more environmentally sustainable products. ### the need to ensure sufficient demand for more sustainable products.


### green public procurement ### sustainable public procurement


### 1. the commission is empowered to supplement this regulation by delegated acts according to article 87 by establishing sustainability requirements applicable to public contracts , including implementation , monitoring and reporting of those requirements by member states. ### 1. the commission is empowered to supplement this regulation by delegated acts according to article 87 by establishing mandatory sustainability requirements applicable to public contracts , including implementation , monitoring and reporting of those requirements by member states.


### 1. the commission is empowered to supplement this regulation by delegated acts according to article 87 by establishing sustainability requirements applicable to public contracts , including implementation , monitoring and reporting of those requirements by member states. ### 1. the commission is empowered to supplement this regulation by delegated acts according to article 87 by december 31st 2025 by establishing mandatory sustainability requirements applicable to all public contracts , including implementation , monitoring and reporting of those requirements by member states.


### 2. requirements adopted pursuant to paragraph 1 for public contracts awarded by contracting authorities , as defined in article 2(1) of directive 2014/24/eu or article 3 , point (1) of directive 2014/25/eu , or contracting entities , as defined in article 4(1) of directive 2014/25/eu , may take the form of mandatory technical specifications , selection criteria , award criteria , contract performance clauses , or targets , as appropriate. ### 2. requirements adopted pursuant to paragraph 1 for public contracts awarded by contracting authorities , as defined in article 2(1) of directive 2014/24/eu or article 3 , point (1) of directive 2014/25/eu , or contracting entities , as defined in article 4(1) of directive 2014/25/eu , shall take the form of mandatory technical specifications , selection criteria , award criteria , contract performance clauses , or targets , as appropriate.


### the need to ensure sufficient demand for more environmentally sustainable products; ### the need to ensure sufficient demand for more sustainable products;


### the economic feasibility for contracting authorities or contracting entities to buy more environmentally sustainable products , without entailing disproportionate costs. ### the economic feasibility for contracting authorities or contracting entities to buy more environmentally sustainable products , without entailing disproportionate costs as determined on a total lifetime and operating cost basis.


### the economic feasibility for contracting authorities or contracting entities to buy more environmentally sustainable products , without entailing disproportionate costs. ### the economic feasibility for contracting authorities or contracting entities to buy more sustainable products , without entailing disproportionate costs.


### 3. before adopting a delegated act , the commission shall consult experts designated by each member state in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law-making52 . ### 3. before adopting a delegated act , the commission shall conduct a thorough assessment of impact and a consultation of stakeholders in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law-making52 .


### 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 5 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.


### regulation (eu) 305/2011 is repealed with effect from 1 january 2045. ### regulation (eu) 305/2011 is repealed 10 years after entry into force of this regulation.


### the construction works and any part of them shall be designed , constructed , used , maintained and demolished in such a way that all relevant loads and any combinations of them are sustained and transmitted into the ground safely and without causing deflections or deformations of any part of the construction works , or movement of the ground as to impair the durability , structural resistance , serviceability and robustness of the construction works. ### the construction works and any part of them shall be designed , constructed , used , maintained and demolished in such a way that throughout their lifecycle , all relevant loads and any combinations of them are sustained and transmitted into the ground safely and without causing deflections or deformations of any part of the construction works , or movement of the ground as to impair the durability , structural resistance , serviceability and robustness of the construction works.


### 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 have any significant adverse effects on the health and safety of workers , occupants or neighbors as a result of any of the following:


### the emissions of hazardous substances , volatile organic compounds or hazardous particles into indoor air; ### the emissions of hazardous and concern substances , volatile organic compounds or hazardous particles into indoor air;


### the release of hazardous substances into drinking water or substances which have an otherwise negative impact on drinking water; ### the release of hazardous and concern substances into drinking water or substances which have an otherwise negative impact on drinking water;


### the construction works and any part of them shall be designed , constructed , used and maintained in such a way that they provide sufficient sound absorption and reflection where these acoustic properties are required. ### the construction works and any part of them shall be designed , constructed , used and maintained in such a way that they provide sufficient sound absorption and reflection where these acoustic properties are required , complying with directive 2002/49 and applicable national legislation.


### the construction works and their heating , cooling , lighting and ventilation installations shall be designed , built , and maintained in such a way that , throughout their life cycle , the amount of energy they require in use shall be low , when account is taken of: ### the construction works and their heating , cooling , lighting and ventilation installations shall be designed , built , and maintained in such a way that the overall whole-life cycle , including operational and embodied carbon shall be low , when account is taken of:


### use of raw and secondary materials of high environmental sustainability and thus with a low environmental footprint; ### use of raw , secondary and natured-based materials of high environmental sustainability and thus with a low carbon and environmental footprint;


### minimizing the overall amount of raw materials used; ### minimizing the overall amount of materials used;


### reuse or recyclability of the construction works , parts of them and their materials after demolition. ### ease of deconstruction , reuse or recyclability of the construction works , parts of them and their materials after demolition.


### main materials used; ### full bill of materials;


### 1.3. transport , installation , maintenance , deconstruction and demolition rules: ### 1.3. transport , installation , maintenance , deinstallation , deconstruction and demolition rules:


### maintenance needs with a view to maintaining the performance of the product during its service life span: ### maintenance needs with a view to maintaining the performance of the product during its service life span and to maximising its durability during several lifecycles.:


### (ii) the type and frequency of inspections and maintenance required for safety reasons and , where appropriate , the parts subject to wear and the criteria for replacement; ### (ii) the type and frequency of inspections and maintenance required for safety and durability reasons and , where appropriate , the parts subject to wear and the criteria for replacement;


### (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 without increasing disproportionately bureaucracy and costs for economic operators , especially for smes. 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.


### (8) to ensure safety and functionality of construction products and , by extension , of construction works , it is necessary to avoid that items that are not intended by their manufacturers to be construction products are placed on the market as construction products. importers , distributors and other downstream economic operators should therefore ensure that those pseudo construction products are not sold as construction products. moreover , certain service providers such as fulfilment service providers or 3d-printing service providers should not contribute to the non-compliances of other economic operators. it is therefore necessary to render relevant provisions applicable also to these services and their providers. ### (8) to ensure safety and functionality of construction products and , by extension , of construction works , it is necessary to avoid that items that are not intended by their manufacturers to be construction products are placed on the market as construction products. importers , distributors and other downstream economic operators should therefore ensure that those pseudo construction products are not sold as construction products. the commission should establish guidelines for verification and control systems to this aim. moreover , certain service providers such as fulfilment service providers or 3d-printing service providers should not contribute to the non-compliances of other economic operators. it is therefore necessary to render relevant provisions applicable also to these services and their providers.


### (17) construction products placed on the market in the outermost regions of the european union are often imported from neighbouring countries , and are therefore not subject to requirements laid down in union law. subjecting those construction products to such requirements would be disproportionately costly. at the same time , construction products manufactured in the outermost regions hardly circulate in other member states. accordingly , member states should have the possibility to exempt construction products placed on the market or directly installed in the outermost regions of the european union from those requirements. ### deleted


### (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.


### (28) in particular , in the case of energy-related products included in ecodesign working plans which are also construction products and for intermediary products , with the exception of cement , priority for the setting of sustainability requirements will be given to the [espr]. this should be the case for instance for heaters , boilers , heat pumps , water and space heating appliances , fans , cooling and ventilating systems and photovoltaic products , excluding building-integrated photovoltaic panels. this regulation may still intervene in a complementary manner where needed , mainly in relation to safety aspects also taking account of other union legislation on products such as on gas appliances , low voltage , and machinery. for other products , in order to avoid unnecessary burden for economic operators , the need may arise in future to determine the conditions under which the fulfilment of obligations under other union law also fulfils certain obligations under this regulation. the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission to determine such conditions. ### (28) in particular , in the case of energy-related products included in ecodesign working plans which are also construction products and for intermediary products , priority for the setting of sustainability requirements will be given to the [espr]. this should be the case for instance for heaters , boilers , heat pumps , water and space heating appliances , fans , cooling and ventilating systems and photovoltaic products , excluding building-integrated photovoltaic panels. this regulation may still intervene in a complementary manner where needed , mainly in relation to safety aspects also taking account of other union legislation on products such as on gas appliances , low voltage , and machinery. for other products , in order to avoid unnecessary burden for economic operators , the need may arise in future to determine the conditions under which the fulfilment of obligations under other union law also fulfils certain obligations under this regulation. the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission to determine such conditions.


### (28) in particular , in the case of energy-related products included in ecodesign working plans which are also construction products and for intermediary products , with the exception of cement , priority for the setting of sustainability requirements will be given to the [espr]. this should be the case for instance for heaters , boilers , heat pumps , water and space heating appliances , fans , cooling and ventilating systems and photovoltaic products , excluding building-integrated photovoltaic panels. this regulation may still intervene in a complementary manner where needed , mainly in relation to safety aspects also taking account of other union legislation on products such as on gas appliances , low voltage , and machinery. for other products , in order to avoid unnecessary burden for economic operators , the need may arise in future to determine the conditions under which the fulfilment of obligations under other union law also fulfils certain obligations under this regulation. the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission to determine such conditions. ### (28) in particular , in the case of energy-related products included in ecodesign working plans which are also construction products and for intermediary products , priority for the setting of sustainability requirements will be given to the [espr]. this should be the case for instance for heaters , boilers , heat pumps , water and space heating appliances , fans , cooling and ventilating systems and photovoltaic products. this regulation may still intervene in a complementary manner where needed , mainly in relation to safety aspects also taking account of other union legislation on products such as on gas appliances , low voltage , and machinery. for other products , in order to avoid unnecessary burden for economic operators , the need may arise in future to determine the conditions under which the fulfilment of obligations under other union law also fulfils certain obligations under this regulation. the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission to determine such conditions.


### (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. ### (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 reporting based on environmental product declarations (epds) as well as and labelling requirements which might include the easily understandable traffic light labelling.


### (63) currently , the increasing number of hardly distinguishable european assessment documents which often have little added value when compared to others or existing harmonised standards , risks to slow down their publication. in order to deal with this risk in a cost-effective way , certain principles for the development and adoption of european assessment documents should be established or be made more concrete. moreover , the control by the commission should be enhanced. ### (63) currently , the increasing number of hardly distinguishable european assessment documents which often have little added value when compared to others or existing harmonised standards , risks to slow down their publication and increase costs. in order to deal with this risk in a cost-effective way , certain principles for the development and adoption of european assessment documents should be established or be made more concrete and justifiable. moreover , the control by the commission should be enhanced.


### (72) the attempts of establishing simplified procedures for small and medium-sized enterprises in regulation (eu) no 305/2011 and thus reducing the burden and costs on smes and microenterprises have not been entirely effective and have often remained misunderstood or not used due to the lack of awareness or the lack of clarity regarding their application. by addressing the identified shortcomings while building on the previously established rules , it is necessary to clarify and facilitate their application and hence achieve the objective of supporting smes while ensuring performance , safety and environmental sustainability of construction products. ### (72) the attempts of establishing simplified procedures for microenterprises and small and medium-sized enterprises in regulation (eu) no 305/2011 and thus reducing the burden and costs on smes and microenterprises have not been entirely effective and have often remained misunderstood or not used due to the lack of awareness or the lack of clarity regarding their application. by addressing the identified shortcomings while building on the previously established rules , it is necessary to clarify and facilitate their application and hence achieve the objective of supporting microenterprises and smes while ensuring performance , safety and environmental sustainability of construction products.


### (76) to address the identified shortcomings with regards to the market surveillance under regulation (eu) no. 305/2011 , this regulation should contain more empowerments for member states authorities and for the commission that should enable authorities to act under all potential problematic circumstances. ### (76) to address the identified shortcomings with regards to the market surveillance under regulation (eu) no. 305/2011 , this regulation should contain more justified empowerments for member states authorities and for the commission that should enable authorities to act under all potential problematic circumstances.


### 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 and direct installation and desinstallation 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 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 and direct installation and deinstallation 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; ### rules on how to express the environmental , including climate , and safety performance of construction products throughout all the value chain , form the production until the application as a building component , in relation to their essential characteristics and in line with the recommendations made in the recast of the energy performance building directive;


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


### environmental , including climate , functional and safety product requirements for construction products. ### environmental , including climate , functional and safety product requirements for construction products throughout all the value chain , from the production until the application as a building component and in line with the recomendations made in the recast of the energy performance building directive.


### environmental , including climate , functional and safety product requirements for construction products. ### environmental , including climate , functional and safety product requirements for construction products throughout all the value chain , from the production until the application as a building component and in line with the recommendations made in the recast of the energy performance building directive.


### 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. ### prefabricated one-family-houses.


### member states may decide not to apply this regulation for the houses referred to in point (g) by notification to the commission. ### member states may decide to have some flexibility in applying this regulation for the houses referred to in point (g) by notification to the commission.


### boilers , pipes , tanks and ancillaries and other products intended to be in contact with water for human consumption; ### boilers , tanks and ancillaries and other products intended to be in contact with water for human consumption;


### sanitary appliances; ### deleted


### 5. member states may exempt from the application of this regulation construction products and items covered by this regulation that are placed on the market or directly installed in the outermost regions of the european union in the meaning of article 349 of the treaty on the functioning of the european union. member states shall notify to the european commission and to the other member states the regulations providing such exemptions. they shall ensure that exempted construction products or items do not bear the ce marking in accordance with article 16. construction products or items placed on the market or directly installed on the basis of such exemption shall not be deemed to be placed on the market or directly installed in the union in the meaning of 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 , 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 and the performance of which has an effect on the performance of the construction works with respect to the basic requirements for construction works;


### (2) ‘permanent’ means for a duration of two years or longer; ### (2) ‘permanent’ means for a duration intended to remain in the construction work or parts thereof within the union after the completion of the construction or renovation process;


### (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; ### (5) ‘direct installation’ means the installation of a product into a construction work of a client without prior making available on the market , regardless whether in the framework of providing a service or not;


### (6) ‘performance’ means the degree to which a product has certain scalable essential characteristics; ### (6) ‘performance’ means the degree to which a product has certain scalable or binary essential characteristics;


### (8) ‘product requirements’ means a threshold level or another characteristic with which a product has to comply before it can be placed on the market or installed directly , including those requirements relating to labelling and instructions for use or other information to be provided; ### (8) ‘product requirements’ means a quantitative or non-quantitative requirement for on in relation to a product to achieve a certain performance level with which a product has to comply before it can be placed on the market or installed directly , in relation to a product parameter referred to in article 5 or article 22 , and laid down in annex i part b to d and specified in accordance with article 5(2).


### (15) ‘buildings’ means facilities , other than containers , giving shelter to humans , animals or objects , which either are permanently fixed to the ground or can only be transported by the help of special equipment whilst having a surface floor space of at least 20m2 on one or several levels; ### (15) ‘buildings’ means facilities , giving shelter to humans , animals or objects , which either are permanently fixed to the ground or can only be transported by the help of special equipment whilst having a surface floor space of at least 20m2 on one or several levels;


### (46) ‘harmonised technical specifications’ means construction products standards established in accordance with article 4(2) the reference of which has been published in the official journal in accordance with article 34 and thereby were rendered mandatory for purposes of application of this regulation , and delegated acts adopted in accordance with article 4(3) and (4) , article 5(2) , or article 22(4) that contain technical prescriptions; ### (46) ‘harmonised standards' means construction products standards established in accordance with article 4(2) the reference of which has been published in the official journal in accordance with article 34 and thereby were rendered mandatory for purposes of application of this regulation , and delegated acts adopted in accordance with article 4(3) and (4) , article 5(2) , or article 22(4) that contain technical prescriptions;


### 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 with the exclusion of paragraph 1(8) 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 and climate and circularity objectives pursued by regulation (eu) ecodesign for sustainable products regulation.


### 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 with the exclusion of paragraph1(8) , 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 and climate and circularity objectives pursued by regulation (eu) [ecodesign for sustainable products 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 listed in annex i part a point 1(1) to 1(7) and their assessment methods.


### 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 listed in annex i part a point1(1) to 1(7) and their assessment methods.


### 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 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 listed in annex i part a point1(1) to 1(7)and their assessment methods.


### 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. ### 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 covered. 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.


### 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. 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 may supplement in exceptional cases , after consultation of the relevant european standardisation organisations and european stakeholder organisations receiving union financing under regulation (eu) no 1025/2012 , 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. 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. 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 , 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; ### the request has not been accepted by any of the european standardisation organisations or the standard is not delivered within the deadline which shall not be longer than 12 months 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 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 the time-frame set out in the standardisation request set to 24 months , or the relevant standard does not sufficiently fulfil the criteria described in the standardisation request;


### one or more essential characteristics referring to basic work requirements set out in annex i part a , point 1 or included in annex i part a , point 2 are not covered by the standards referred to in the first subparagraph of article 4(2) the references of which are already published in the official journal; ### one or more essential characteristics referring to basic work requirements set out in annex i part a , point 1(1) to 1(7) or included in annex i part a , point 2 are not covered by the standards referred to in the first subparagraph of article 4(2) the references of which are already published in the official journal;


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


### 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 the life cycle assessment method to quantify the environmental impacts of products established by recommendation (eu) 2021/2279 or method that builds to the extent possible on the method undertaken under the regulation on ecodesign for sustainable products.


### 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 functional sustainability reaches the top two classes of performance of the respective category as of delegated acts set out in paragraph 4 , unless a lower level:


### 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 reaches the top two classes of performance of the respective category as of delegated acts set out in paragraph 4;


### 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. when prioritizing products to be covered by these obligations , the commission shall take into account their potential contribution to achieving union climate and environmental objectives. the commission shall adopt by july 1st 2025 and regularly update a working plan , covering a period of at least 3 years , setting out a list of product families or categories it intends to establish obligations in accordance with this regulation.


### climate change effects (mandatory); ### climate change effects including embodied and operational carbon emissions and carbon storage (mandatory);


### harmonised technical specifications shall also cover to the extent possible the essential characteristic of capability to temporarily bind carbon and of other carbon removals. ### harmonised technical specifications shall also cover to the extent possible the essential characteristic of carbon sequestration capacity , where the product complies with the environmental obligations referred to in article 22 and with the minimum product requirements set out in annex i , part c , and that its production has not contributed to land use change , complying with the obligations of the [deforestation and forest degradation regulation].


### environment relates to the extraction and manufacturing of the materials , the manufacturing of the product , its maintenance , its potential to remain as long as possible within a circular economy and its end of life phase. ### environment relates to the extraction and manufacturing of the materials , the manufacturing of the product , its transport , maintenance , its potential to remain as long as possible within a circular economy and its end of life phase.


### 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 durability and reliability of the product or its components as expressed through product’s guaranteed lifetime , technical lifetime indication of real use information on the product , resistance to stress or ageing mechanisms , in order to extend the lifetime of buildings and their use phase , and the expected minimum life span under worst but still realistic conditions; 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 the use of used recycled and renewable content wherever possible without safety loss or outweighing negative environmental impact;


### resource efficiency; ### materials and resource efficiency;


### possibility of maintenance and refurbishment during the expected life span; ### ease of maintenance and refurbishment during the expected life span;


### capability of different materials or substances to be separated and recovered during dismantling or recycling procedures. ### ease of capability of different materials or substances to be separated and recovered during dismantling or recycling procedures.


### 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 shall , as appropriate , specify these inherent product environmental requirements for products 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:


### if possible , define the state of the art of addressing the environmental aspects with regard to the respective product category , including the minimum recycled content; ### define the environmental aspects with regard to the respective product category , which shall include whole life cycle green house emissions , resource efficiency , including the minimum recycled content and reusability;


### where avoidance is not possible , negative effects and risks shall be reduced , mitigated and addressed by warnings on the product , its packaging and in instructions for use. ### where avoidance is not possible , negative effects and risks derived from any type of the product´s performance shall be reduced , mitigated and addressed by warnings on the product , its packaging and in instructions for use.


### (12) creating a union market for small prefabricated one-family houses has a potential to reduce the price of housing and to have positive social and economic effects. fairness to consumers remains a priority , specifically but not limited to ensuring affordability of housing in the context of the green transition , in line with proposal for council recommendation on ensuring a fair transition towards climate neutrality40 , in particular recommendations 7 a)-c). it is therefore necessary to lay down harmonised rules for such small houses. however , small houses are also construction works , for which the member states are competent. as it might not be possible to integrate cumulatively all national requirements for small prefabricated one-family houses into the future harmonised technical specifications , member states should have the right to opt out of the application of rules that are to apply to those pre-fabricated one-family houses. ### (12) creating a union market for small prefabricated one-family houses has a potential to reduce the price of housing and to have positive social and economic effects. fairness to consumers remains a priority , specifically but not limited to ensuring affordability of housing in the context of the green transition , in line with proposal for council recommendation on ensuring a fair transition towards climate neutrality40 , in particular recommendations 7 a)-c). it is therefore necessary to lay down harmonised rules for such small houses. however , small houses are also construction works , for which the member states are competent. to speed up the integration process and make the necessary requirements for this type of construction more flexible , member states may have some flexibility in implementing the rules that are to apply to those pre-fabricated one-family houses.


### allows occupants and people nearby to sleep , rest and engage in their normal activities in satisfactory conditions. ### allows occupants and people nearby to sleep , rest and engage in their normal activities in satisfactory conditions , especially inside buildings and housing.


### 1. for the purposes of this directive , those member states who convert the amounts expressed in euro into their national currency shall initially use in that conversion the exchange rate prevailing on the date of entry into force of this directive. ### 1. for the purposes of this directive , those member states who convert the amounts expressed in euro into their national currency shall initially use in that conversion the exchange rate of euro foreign exchange reference rates provided by the european central bank prevailing on the date of entry into force of this directive.


### 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 and regardless of the media used to provide it.


### 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 and in a complete manner 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 regardless of the media used to provide it.


### 1. member states shall ensure that creditors and , where applicable , credit intermediaries and providers of crowdfunding credit services are required to provide adequate explanations to the consumer on the proposed credit agreements or crowdfunding credit services and any ancillary services that make it possible for the consumer to assess whether the proposed credit agreements or crowdfunding credit services and ancillary services are adapted to his or her needs and financial situation. the explanations shall include the following elements: ### 1. member states shall ensure that creditors and , where applicable , credit intermediaries and providers of crowdfunding credit services are required to provide adequate explanations to the consumer on the proposed credit agreements or crowdfunding credit services and any ancillary services that make it possible for the consumer to assess whether the proposed credit agreements or crowdfunding credit services and ancillary services are adapted to his or her needs and financial situation. such explanations should be given before concluding the credit agreement. the explanations shall include the following elements:


### 2. member states may adapt the requirement referred to in paragraph 1 with regard to the manner in which the explanations shall be given and the extent to which they shall be given to the following: ### deleted


### 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 obtain consent of the consumer before they develop a personalised offer and inform them when they are presented with a personalised offer that is based on automated processing of personal or inferred data.


### 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 explicitly inform consumers when they are presented with a personalised offer that is based on profiling or other types of automated processing of personal data.


### iii tying and bundling practices , agreement for ancillary services , advisory services and unsolicited credit sale ### iii tying and bundling practices , agreement for ancillary services , advisory services , unsolicited credit sales , and additional protection regarding online interfaces


### 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: ### deleted


### 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. ### deleted


### 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 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 , are of benefit to the consumers taking due account of the availability and the prices of the relevant products offered on the market.


### 4. member states may allow creditors or providers of crowdfunding credit services to require the consumer to hold a relevant insurance policy related to the credit agreement or crowdfunding credit services , taking into account proportionality considerations. in such cases , member states shall ensure that the creditor or the provider of crowdfunding credit services is required to accept the insurance policy from a supplier different to his or her preferred supplier where such insurance policy has a level of guarantee equivalent to the one the creditor or the provider of crowdfunding credit services has proposed , without modifying the condition of the credit offering to the consumer. ### 4. member states may allow creditors or providers of crowdfunding credit services to require the consumer to hold a relevant insurance policy related to the credit agreement or crowdfunding credit services , taking into account proportionality considerations. in such cases , member states shall ensure that the creditor or the provider of crowdfunding credit services is required to accept the insurance policy from a supplier different to his or her preferred supplier where such insurance policy has a level of guarantee equivalent to the one the creditor or the provider of crowdfunding credit services has proposed , without modifying the condition of the credit offering to the consumer. in addition , creditors or providers of crowdfunding credit services should not be permitted to conclude the sale of a relevant insurance policy related to the credit agreement before a 7-day cooling off period in order to ensure that the consumer is able to compare offers.


### 4. member states may allow creditors or providers of crowdfunding credit services to require the consumer to hold a relevant insurance policy related to the credit agreement or crowdfunding credit services , taking into account proportionality considerations. in such cases , member states shall ensure that the creditor or the provider of crowdfunding credit services is required to accept the insurance policy from a supplier different to his or her preferred supplier where such insurance policy has a level of guarantee equivalent to the one the creditor or the provider of crowdfunding credit services has proposed , without modifying the condition of the credit offering to the consumer. ### 4. by derogation to paragraph 1 , member states may allow creditors or providers of crowdfunding credit services to require the consumer to hold a relevant insurance policy related to the credit agreement or crowdfunding credit services , taking into account proportionality considerations. in such cases , member states shall ensure that the creditor or the provider of crowdfunding credit services is required to accept the insurance policy from a supplier different to his or her preferred supplier where such insurance policy has a level of guarantee equivalent to the one the creditor or the provider of crowdfunding credit services has proposed , without modifying the condition of the credit offering to the consumer. in addition , creditors or providers of crowdfunding credit services should not be permitted to offer a relevant insurance policy related to the credit agreement of crowdfunding credit services before a 7-day cooling off period in order to ensure that the consumer is able to compare offers.


### 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 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 a durable medium:


### act in the best interests of the consumer; ### act in the best interests of the consumer with a view to minimising defaults and arrears;


### give the consumer a record on paper or on another durable medium of the recommendation provided. ### give the consumer a record on a durable medium of the recommendation provided.


### 4. member states may prohibit the use of the terms ‘advice’ and ‘advisor’ or similar terms when the advisory services are being marketed and provided to consumers by creditors or , where applicable , credit intermediaries or providers of crowdfunding credit services. ### 4. member states shall prohibit the use of the terms ‘advice’ and ‘advisor’ or similar terms when the advisory services are being marketed and provided to consumers by creditors or , where applicable , credit intermediaries or providers of crowdfunding credit services.


### where member states do not prohibit the use of the terms ‘advice’ and ‘advisor’ or similar terms , they shall impose the following conditions on the use of the term ‘independent advice’ or ‘independent advisor’ by creditors , credit intermediaries or providers of crowdfunding credit services providing advisory services: ### member states shall impose the following conditions on the use of the term ‘independent advice’ or ‘independent advisor’ by creditors , credit intermediaries or providers of crowdfunding credit services providing advisory services:


### 5. member states shall require that creditors and , where applicable , credit intermediaries or providers of crowdfunding credit services to warn a consumer when a credit agreement or crowdfunding credit services may induce a specific risk for the consumer considering his or her financial situation. ### 5. where advisory services are provided to consumers , member states shall require that creditors and , where applicable , credit intermediaries or providers of crowdfunding credit services to warn a consumer when a credit agreement or crowdfunding credit services may induce a specific risk for the consumer considering his or her financial situation.


### member states shall prohibit any sale of credit to consumers , without their prior request and explicit agreement. ### without prejudice to the creditor's possibility to advertise within the limitations set by articles 7 and 8 of the present directive , 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. ### member states shall prohibit any sale of credit to consumers , without their prior request and explicit agreement. in particular , credit and credit-financed sales agreements shall be prohibited in connection with doorstep selling.


### member states shall prohibit any sale of credit to consumers , without their prior request and explicit agreement. ### without prejudice of the creditor's possibility of making offers to consumers , member states shall prohibit any sale of credit to consumers , without their prior request or explicit agreement.


### member states shall prohibit any sale of credit to consumers , without their prior request and explicit agreement. ### member states shall prohibit any offer of 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 has made a positive 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:


### 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 (i) 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 and(ii) the risk to the consumer of not being able to meet his/her obligations. the creditor shall make reasonable allowances for committed and other non-discretionary expenditures such as the consumers’ actual obligations , including appropriate substantiation and consideration of the living expenses of the consumer and his/her household. the assessment shall ensure that the agreed credit does not put the consumer in financial difficulty and allows the consumer to maintain a minimum standard of living. the creditor shall make prudent allowances for potential negative scenarios in the future , including for example , a reduced income; or where applicable , an increase in the borrowing rate or negative change in the exchange rate , or deferred payments of principal or interest. member states shall ensure that credit intermediaries accurately transmit to the creditor information obtained from the consumer so that the creditworthiness assessment can be carried out.


### 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 following the information:


### 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 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. the information shall be obtained primarily through self-disclosure and evidence from the consumer. where necessary , a database referred to in article 19. may be consulted. the intention to use external sources and the reasons for these necessity must be disclosed to the consumer so that he has still the opportunity to prevent this by providing missing documents.


### 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 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. while the data used to assess the creditworthiness shall be based on the eba guidelines on loan origination and monitoring (2020) , the extent of the check should be proportional to the amount of the credit given. the exact proportionality principle should be defined and detailed by eba.


### (15) a number of member states have applied directive 2008/48/ec to areas not covered by its scope to enhance the level of consumer protection. in fact , several of the credit agreements not falling within the scope of that directive can be detrimental for consumers , including short-term high cost loans whose amount is typically lower than the minimum threshold of eur 200 set out in directive 2008/48/ec. in this context , and with the aim to ensure a high level of consumer protection and to facilitate the cross-border consumer credit market , the scope of this directive should cover some agreements that were excluded from the scope of directive 2008/48/ec , such as consumer credit agreements below the amount of eur 200. likewise , other potentially detrimental products , because of the high costs they entail or high fees in case of missed payments , should be covered by this directive , to ensure increased transparency and better consumer protection , resulting in higher consumer confidence. to this extent , leasing agreements , credit agreements in the form of an overdraft facility and where the credit has to be repaid within one month , and credit agreements where the credit is granted free of interest and without any other charges , including buy now pay later schemes , i.e. new digital financial tools that let consumers make purchases and pay them off over time , and credit agreements under the terms of which the credit has to be repaid within three months and only insignificant charges are payable should not be excluded from the scope of application of this directive. moreover , all credit agreement up until eur 100 000 should be included in the scope of application of this directive. the upper threshold of credit agreements under this directive should be increased to take into account indexation to adjust for the effects of inflation since 2008 and in coming years. ### (15) a number of member states have applied directive 2008/48/ec to areas not covered by its scope to enhance the level of consumer protection. in fact , several of the credit agreements not falling within the scope of that directive can be detrimental for consumers , including short-term high cost loans whose amount is typically lower than the minimum threshold of eur 200 set out in directive 2008/48/ec. in this context , and with the aim to ensure a high level of consumer protection and to facilitate the cross-border consumer credit market , the scope of this directive should cover some agreements that were excluded from the scope of directive 2008/48/ec , such as consumer credit agreements below the amount of eur 200. likewise , other potentially detrimental products , because of the high costs they entail or high fees in case of missed payments , should be covered by this directive , albeit subject to a strict application of the principle of proportionality in order to avoid an undue administrative burden , to ensure increased transparency and better consumer protection , resulting in higher consumer confidence. to this extent , leasing agreements , credit agreements in the form of an overdraft facility and where the credit has to be repaid within one month , and credit agreements where the credit is granted free of interest and without any other charges , including buy now pay later schemes , i.e. new digital financial tools that let consumers make purchases and pay them off over time , and credit agreements under the terms of which the credit has to be repaid within three months and only insignificant charges are payable should not be excluded from the scope of application of this directive. moreover , all credit agreement up until eur 100 000 should be included in the scope of application of this directive. the upper threshold of credit agreements under this directive should be increased to take into account indexation to adjust for the effects of inflation since 2008 and in coming years.


### (29) specific provisions should be laid down on advertising of credit agreements or crowdfunding credit services and certain items of standard information to be provided to consumers in order to enable them , in particular , to compare different offers. such information should be given in a clear , concise and prominent way by means of a representative example. the standard information should be shown upfront and saliently , in a clear way and in an engaging format. it should be clearly legible and adapted to take into account the technical constraints of certain media such as mobile telephone screens. temporary promotional conditions , such as a teaser rate with lower interest rate for the initial months of the credit agreement or crowdfunding credit services , should be clearly identified as such. consumers should see all essential information at a glance , even when they watch it on the screen of a mobile telephone. the creditor and , where applicable , credit intermediary and provider of crowdfunding credit services’ telephone number and email address should also be communicated to the consumer to enable him or her to contact the creditor , the credit intermediary or provider of crowdfunding credit services quickly and efficiently. a ceiling should be provided where it is not possible to indicate the total amount of credit as the total sums made available , in particular where a credit agreement gives the consumer freedom of drawdown with a limitation with regard to the amount. the ceiling should indicate the upper limit of credit which can be made available to the consumer. in specific and justified cases , in order to improve consumer understanding of information disclosed in advertising of credit agreements or crowdfunding credit services where the medium used does not allow to visually display it , such as in radio advertising , the amount of information disclosed could be reduced. in addition , member states should remain free to regulate information requirements in their national law regarding advertising of credit agreements or crowdfunding credit services which does not contain information on the cost of the credit. ### (29) specific provisions should be laid down on advertising of credit agreements or crowdfunding credit services. advertisement plays an important role in the economic environment , including in relation to the provision of credit services. however , certain forms of advertisement can become too intrusive. stricter rules on targeted advertising are therefore needed , in favour of less intrusive forms of advertising that do not require extensive tracking of the interaction and behaviour of recipients of the service. therefore , this directive should ensure that the targeting and amplification of advertisement of credit services are not based on the processing of personal data or inferred data. the targeting and the amplification of advertisement are both techniques which rely on the processing of personal data. however , while the targeting of an advertisement is a technique that is used by the sponsor of the advertisement to determine the potential audience , that is to say , specific persons or groups of persons considered to be eligible to receive the advertisement , the amplification of an advertisement should be understood as an automated technique , usually generated by algorithms , used by the publisher to select the audience of an advertisement within the potential audience as defined by the sponsor


### (29) specific provisions should be laid down on advertising of credit agreements or crowdfunding credit services and certain items of standard information to be provided to consumers in order to enable them , in particular , to compare different offers. such information should be given in a clear , concise and prominent way by means of a representative example. the standard information should be shown upfront and saliently , in a clear way and in an engaging format. it should be clearly legible and adapted to take into account the technical constraints of certain media such as mobile telephone screens. temporary promotional conditions , such as a teaser rate with lower interest rate for the initial months of the credit agreement or crowdfunding credit services , should be clearly identified as such. consumers should see all essential information at a glance , even when they watch it on the screen of a mobile telephone. the creditor and , where applicable , credit intermediary and provider of crowdfunding credit services’ telephone number and email address should also be communicated to the consumer to enable him or her to contact the creditor , the credit intermediary or provider of crowdfunding credit services quickly and efficiently. a ceiling should be provided where it is not possible to indicate the total amount of credit as the total sums made available , in particular where a credit agreement gives the consumer freedom of drawdown with a limitation with regard to the amount. the ceiling should indicate the upper limit of credit which can be made available to the consumer. in specific and justified cases , in order to improve consumer understanding of information disclosed in advertising of credit agreements or crowdfunding credit services where the medium used does not allow to visually display it , such as in radio advertising , the amount of information disclosed could be reduced. in addition , member states should remain free to regulate information requirements in their national law regarding advertising of credit agreements or crowdfunding credit services which does not contain information on the cost of the credit. ### (29) specific provisions should be laid down on advertising of credit agreements or crowdfunding credit services and certain items of standard information to be provided to consumers in order to enable them , in particular , to compare different offers. such information should be given in a clear , concise and prominent way by means of a representative example. the standard information should be shown upfront and saliently , in a clear way and in an engaging format. it should be clearly legible and adapted to take into account the technical constraints of certain media such as mobile telephone screens and/or digital channels. temporary promotional conditions , such as a teaser rate with lower interest rate for the initial months of the credit agreement or crowdfunding credit services , should be clearly identified as such. consumers should see essential information at a glance , with further information made available on the consumer by clicking or swiping even when they watch it on the screen of a mobile telephone the creditor and , where applicable , credit intermediary and provider of crowdfunding credit services’ telephone number and email address should also be communicated to the consumer to enable him or her to contact the creditor , the credit intermediary or provider of crowdfunding credit services quickly and efficiently. a ceiling should be provided where it is not possible to indicate the total amount of credit as the total sums made available , in particular where a credit agreement gives the consumer freedom of drawdown with a limitation with regard to the amount. the ceiling should indicate the upper limit of credit which can be made available to the consumer. in specific and justified cases , in order to improve consumer understanding of information disclosed in advertising of credit agreements or crowdfunding credit services where the medium used does not allow to visually display it , such as in radio advertising or digital channels , the amount of information disclosed could be reduced. general and generic information should be provided through an appropriate medium which may include digital channels such as the undertaking's websites , etc. in addition , member states should remain free to regulate information requirements in their national law regarding advertising of credit agreements or crowdfunding credit services which does not contain information on the cost of the credit.