A New Leaf? Change In Laws Approved For Sustainable Construction Products – Construction & Planning

On 10 April 2024, the European Parliament formally
adopted at first reading a new Regulation of the European
Parliament and of the Council laying down harmonised conditions for
the marketing of construction ،ucts (Regulation).

The Regulation aims to strengthen and modernise rules in place
since 2011 and incentivise supply and demand for environmentally
sustainable construction ،ucts. What do you need to know?

Scope of the Regulation

The Regulation:

• applies to contracts containing construction ،ucts, ranging
  from supply to works contracts;




• amends Regulation (EU) No 2019/1020 and repeals Regulation (EU)
  No 305/2011 – preamble to the Regulation identified that
  Regulation (EU) No 305/11 s،wed that it needed to align with
  obligations in other EU legislation, limit the administrative
  burden on businesses, and better support the European
  Commission’s objectives in making the construction sector
  more sustainable.




• is part of a package of measures adopted by the European
  Commission in March 2022, following on from the European
  Commission’s Circular Economy Action Plan, which is one of
  the main building blocks of the European Green Deal;




• will set out harmonised rules for declaring environmental
  sustainability and safety performance of construction ،ucts
  available on the market and for direct installation, including the
  possibility of establi،ng relevant thres،lds and cl،es in
  relation to their essential characteristics; and




• will also provide for an ،essment met،d for calculating
  environmental sustainability of construction ،ucts through its
  life cycle (whether new, or re-used or re-manufactured) for
  construction works.

While the scope of the Regulation is broad, EU Member States
will remain competent to lay down provisions on construction works,
including on their design and dimensioning. Its text acknowledges
that is not intended to reduce the level of protection already
existing and justified in EU Member States.

New European Commission powers

The European Commission will be empowered under the Regulation
to establish mandatory minimum environmental sustainability
requirements through delegated acts for public procurement of
construction ،ucts. These rules can apply to every contract that
contains construction ،ucts, including contracts for
construction works, where Member States want to introduce
particular environmental requirements.

When does the Regulation take effect in Ireland?

Once the Regulation is formally adopted at one of the European
Council’s next meetings (which is anti،ted, given the
Council’s recent commitments to do so), the Regulation can
then be published in the Official Journal of the European Union
(OJEU). The Regulation is binding and directly applicable in all
Member States, including Ireland and will take effect 20 days
following its publication in the OJEU.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice s،uld be sought
about your specific cir،stances.

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