August 26, 2010
The position adopted by the Council (document 10753/10 dated 06.07.2010) introduces remarkable improvements compared to the initial proposal of the Commission (KOM(2008) 311 final), not least by inclusion of a relevant number of amendments from the 1st Reading in the European Parliament of 23.04.2009. Relevant improvements have been made in the context of
- the suitability of products to guarantee public safety of the buildings they are used for,
- fair competition rules and
- the keeping of the responsibility of the Member States for the use of construction products.
Nevertheless, also this position does not overcome a clutch of relevant deficits. These are located mainly in the following areas:
- Derogations from drawing up a declaration of performance (Article 5) in connection with the Simplified Procedures (Articles 36, 37 and 38)
- Extent and content of the declaration of performance as basis for CE marking (Articles 6 and 7)
- Elaboration and adoption of European Assessment Documents (Article 19, Anhang II) and of European Technical Assessments (Article 26) as well as the Organisation of Technical Assessment Bodies (Article 31).
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