L 88/5 4.4.2011 EN Official Journal of the European Union of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (Text with EEA relevance) OF THE Member States have introduced provisions, including THE EUROPEAN PARLIAMENT AND THE COUNCIL (4) requirements, relating not only to safety of buildings EUROPEAN UNION, and other construction works but also to health, dura bility, energy economy, protection of the environment, economic aspects, and other important aspects in the Laws, publicinterest. regulations, administrative Having regard to the Treaty on the Functioning of the European measures or case-law, established either at Union or Union, and in particular Article 114 thereof, Member State level, concerning construction works may have an impact on the requirements of construction products. Since their effect on the functioning of the internal market is likely to be very similar, it is appro- Having regard to the proposal from the Commission, priate to consider such laws, regulations, administrative measures or case-law as 'provisions' for the purposes of this Regulation. Having regard to the opinion of the European Economic and Social Committee (), Where applicable, provisions for an intended use or uses (5) of a construction product in a Member State, aimed at Acting in accordance with the ordinary legislative procedure (2) fulfilling basic requirements for construction works, determine the essential characteristics the performance of which should be declared. In order to avoid an empty declaration of performance, at least one of the Whereas: essential characteristics of a construction product which are relevant for the declared use or uses should be declared. (1) The rules of Member States require that construction works be designed and executed so as not to endanger the safety of persons, domestic animals or property nor damage the environment. Council Directive 89/106/EEC of 21 December 1988 on (6) the approximation of laws, regulations and administrative provisions of the Member States relating to construction products (3) aimed to remove technical barriers to trade (2) Those rules have a direct influence on the requirements in the field of construction products in order to enhance of construction products. Those requirements are their free movement in the internal market. consequently reflected in national product standards, national technicalapprovals and other national technical specifications and provisions related to construction products. Due to their disparity, those requirements hinder trade within the Union. In order to achieve that objective, Directive 89/106/EEC (7) provided for the establishment of harmonised standards for construction products and provided for the granting of European technical approvals. This Regulation should not affect the right of Member (3) States to specify the requirements they deem necessary to ensure the protection of health, the environment and workers when using construction products. () O) C 218, 11.9.2009, p. 15. (8) Directive 89/106/EEC should be replaced in order to (2) Position of the European Parliament of 24 April 2009 (OJ C 184 E, simplify and clarify the existing framework, and 8.7.2010, p. 441), position of the Council _at first reading of improve the transparency and the effectiveness of the 13 September 20i0 (0J C 282 E, 19.10.2010, p. 1), position of existing measures. the European Parliament of 18 January 2011 (not yet published in the Official Journal) and decision of 'the Council of 28 February 2011. (3) OJ L 40, 11.2.1989, p. 12. L 88/6 EN Official Journal of the European Union 4.4.2011 This Regulation should take account of the horizontal product in question with regard to the provisions in (9) legal framework for the marketing of products in the should ensure a high level of Member States and internal market, established by Regulation (EC) No protection within the meaning of