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Construction products regulation

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On 22 November 2010, the Committee on Internal Market and Consumer Protection (IMCO) in the European Parliament adopted the report by Catherine Stihler (Group of the Progressive Alliance of Socialists and Democrats, UK), on the proposed replacement of the Construction Products Directive (CPDi) 89/106/EEC by a Regulation (CPR). According to IMCO, under the new regulation, the “declaration of performance”, already required for every construction product, would have to include the hazardous substance information that is required by the 2006 REACH regulation (article 7). In addition, three years after the regulation enters into force, the European Commission would have to “assess the specific needs for information on the content of hazardous substances of construction products, with a view to possibly extending the information obligation” to other substances and that the report have to be accompanied by any appropriate legislative proposals.

This “substance oriented” approach diverges from the CEN/TC351 approach based on releases. In addition, it would not be compatible with the obligation resulting from article 9.2 on the information required for CE marking.

The Plenary vote in Parliament is scheduled for 18 January 2011.