Annexes to COM(2010)500 - Communication to the EP concerning the Council's position on a Regulation laying down harmonisation conditions for the marketing of construction products

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dossier COM(2010)500 - Communication to the EP concerning the Council's position on a Regulation laying down harmonisation conditions for the ...
document COM(2010)500 EN
date September 20, 2010
Annex II) and the functioning of the organisation of TABs, as well as new provisions on the financing by the European Union of the said organisation (Articles 31 – 35).

The Commission endorses the principles expressed by these changes.

4. CONCLUSION

Although it considers that the position of the Council does not meet some of the essential aims of its initial/amended proposal, the Commission perceives that the only way of allowing the procedure to continue is to refrain from opposing it.

The Council acted by a qualified majority.

In conclusion, the Commission supports, in a spirit of compromise, the position adopted by the Council, subject to the statements mentioned in the following point.

5. STATEMENTS BY THE COMMISSION

The Commission made two statements (annexed) which apply to the respect of the principles of Better Regulation and to market surveillance.

ANNEX

Commission Declaration in Council on better regulation

The Commission supports, in a spirit of compromise, the Political agreement of the Council on the Commission proposal for a Regulation of the European Parliament and the Council laying down harmonised conditions for the marketing of construction products.

Nevertheless, the Commission recalls that this proposal is part of its simplification strategy[1] and therefore regrets that the text finally agreed by the Council, in particular Articles 3 to 7, could impose unnecessary administrative and testing burdens on enterprises as assessed in the impact assessment accompanying the original proposal[2]. Therefore it would not be in line with the principles of Better Regulation and the broad objective to reduce administrative burden arising from EU legislation, endorsed by the Spring European Council of March 2007.

The Commission intends to monitor in particular this aspect of the Regulation and will include its conclusions in the report it will present to European Parliament and the Council five years after the entry into force of this Regulation.

Commission Declaration in Council on market surveillance

The Commission considers that in the light of recital 37 and in line with the spirit of Article .6(3) and of Article 8(3), the authorities of a Member State may, if necessary, take appropriate measures for a product which is placed, or made available, in their market, if the declaration of performance does not contain the performance related to the essential characteristics for which there are requirements for that product and its declared intended use or uses, or if the declared performances do not correspond with those requirements, in the same Member State, or parts of its territory.

The measures need to be proportionate to the risks involved and should not lead to the fragmentation of the internal market.

[1] European Commission (2005):COM (2005) 535 final: Communication of the Commission to the European Parliament, The Council, the European Economic and Social Committee and the Committee of the Regions – Implementing the Community Lisbon Programme: A Strategy for Simplification of the Regulatory Environment, Brussels.

[2] COM (2008) 311, SEC (2008) 1900 and SEC (2009) 1901 of 23 May 2008.