Recital 22
(22) In order to contribute to the objectives of the European Green Deal set out in Commission’s communication of 11 December 2019 entitled ‘The European Green Deal’, the Circular Economy Action Plan and the Zero Pollution Action Plan set out in Commission’s communication of 12 May 2021 entitled ‘Pathway to a Healthy Planet for All. EU Action Plan: “Towards Zero Pollution for Air, Water and Soil”’, and to ensure safe construction products, safety being one of the goals to be pursued in the legislation based on Article 114 of the Treaty on the Functioning of the European Union (TFEU), product requirements related to functionality, safety, and protection of environment, including climate, are necessary. When setting these requirements, the Commission should address the safety risks and take into account the product’s potential contribution to achieving Union climate, environmental and energy efficiency objectives over the course of their life cycle. Those requirements do not relate to the performance of construction products. Contrary to its predecessor Council Directive 89/106/EEC (11), Regulation (EU) No 305/2011 does not provide for the possibility to establish such product requirements. However, certain harmonised standards for construction products contain such product requirements. Those standards demonstrate that there is a practical need for such requirements on functionality, safety, and protection of environment. Article 114 TFEU as the legal basis of this Regulation also imposes the pursuit of a high level of health, safety and protection of the environment. Thus, this Regulation should reintroduce or validate product requirements. Hence, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to specify those requirements for the respective product family or product category.
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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.