Recital 101

(101) In order to take into account technical progress and knowledge of new scientific evidence, ensure proper functioning of the internal market, facilitate access to information and ensure homogeneous implementation of rules, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amending Annexes II, III, IV, V, VI, VII, IX and X and amending this Regulation to further specify, add and remove certain functionalities and revise certain provisions with a view to ensuring compatibility and interoperability with Regulation (EU) 2024/1781. For the same reasons the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by: determining voluntary or mandatory threshold levels in relation to the essential characteristics, classes of performance in relation to the essential characteristics, and the essential characteristics which always have to be declared by manufacturers; determining elements of standardisation requests and conditions under which a product is to be deemed to satisfy a certain level or threshold level or to qualify for a class of performance without testing or without further testing; establishing product requirements in accordance with Annex III; establishing rules on the provision of general product information, instructions for use and safety information for the respective product family or product category; determining, for each product family or product category, the applicable assessment and verification system among those set out in Annex IX; laying down conditions under which obligations relating to the assessment of a product’s performance or the fulfilment of certain product requirements can be satisfied by the fulfilment of obligations under other Union legal acts; imposing in respect of certain product families and product categories an obligation on manufacturers to make available on the market specific spare parts not commonly available for the products they place on the market; establishing specific environmental sustainability labelling requirements for particular product families and product categories; setting up a construction digital product passport system; and by specifying mandatory minimum environmental sustainability requirements for construction products. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. When developing those acts, the Commission should aim at reducing the administrative burden for companies and take into account the needs of SMEs.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-17 · Text as adopted (Official Journal); later amendments are not incorporated in this text.