1. The Commission shall adopt delegated acts in accordance with Article 89 to supplement this Regulation by setting up a construction digital product passport system, in accordance with the conditions set out in this Chapter.
2. The construction digital product passport system shall:
(a)
be compatible with, interoperable with and based upon the digital product passport established by Regulation (EU) 2024/1781, without compromising interoperability with Building Information Modelling (BIM), and taking into account the specific characteristics and requirements related to construction products;
(b)
have the functionalities required to implement and manage digital product passports referred to in Article 76;
(c)
determine the actors, including economic operators, clients, deinstallers, users and competent national authorities, which are to have access to information in the digital product passport and to what information they are to have access, taking into account the need to protect intellectual property rights, and sensitive commercial information, and to ensure the safety of construction works;
(d)
determine the actors, including manufacturers, authorised representatives, importers, distributors and digital product passport service providers, which are allowed to introduce or update the information in the digital product passport, including where necessary the creation of a new digital product passport, and what information they may introduce or update;
(e)
lay down detailed arrangements for updating the information in the digital product passport of an existing product;
(f)
establish procedures to ensure the availability of digital product passports after an insolvency, a liquidation or a cessation of activity in the Union of the economic operator that created the digital product passport or, if necessary, after the obligations of manufacturers to ensure its availability have expired, including the establishment of a back-up system by digital product passport service providers;
(g)
establish requirements for digital product passport service providers, including, if required, a certification scheme to verify such requirements, to be based upon developments under Regulation (EU) 2024/1781 for the same purpose, as far as possible;
(h)
when required, lay down more detailed or alternative rules and procedures related to the life cycle of identifiers, data carriers, digital credentials and the digital product passport registry to those established by Regulation (EU) 2024/1781 for the same purpose;
(i)
ensure that the system is accessible for period of 25 years after the last product corresponding to its product type has been placed on the market and that the economic operator makes available the digital product passport for at least 10 years, without„ in the case of a longer period, creating a disproportionate cost and burden for the economic operators;
(j)
take into account the need to ensure the availability of information for the reuse and remanufacturing of products.
1. The information in the digital product passport shall be accurate, complete, and up-to-date.
2. A digital product passport for a product under this Regulation shall:
(a)
include the following information:
(i)
the declaration of performance and conformity referred to in Article 15, including the information referred to in Article 15(6) which can be included through a connection to other Union databases where it is available and the documentation provided together in accordance with Annex V;
(ii)
the general product information, instructions for use and safety information referred to in Article 22(6);
(iii)
the technical documentation referred to in Article 22(3) including the specific sections required pursuant to Articles 59 to 61;
(iv)
the label in accordance with Article 22(9);
(v)
unique identifiers issued in accordance with Article 79(1);
(vi)
documentation required under other Union law applicable to the product;
(vii)
data carriers of key parts for which a digital product passport is available;
(b)
be connected to one or more data carriers;
(c)
be accessible by electronic means through the data carrier displayed, in accordance with Article 18(2), point (g);
(d)
correspond to the product type and its unique identification code referred to in Article 22(5);
(e)
be accessible free of charge to all economic operators, clients, users and authorities through the data carrier;
(f)
give different levels of access to the construction digital product passport system;
(g)
allow actors specified in the construction digital product passport system to introduce or to update the information in the digital product passport;
(h)
be accessible for an established period after the last product corresponding to its product type has been placed on the market.
3. The requirements referred to in paragraph 2 shall:
(a)
ensure that actors along the value chain can easily access and understand product information relevant to them;
(b)
facilitate the verification of product compliance by competent national authorities; and
(c)
improve traceability of products along the value chain.
4. Products in respect of which the exemption established in Article 14 is applied are also exempt from the obligation to provide a digital product passport.
General requirements for the digital product passport
1. A digital product passport shall meet the following conditions:
(a)
it shall be connected through one or more data carriers to a persistent unique identification code of the product type;
(b)
the data carrier shall be affixed in accordance with Article 18(2), point (g);
(c)
the data carrier shall comply with Article 79(1);
(d)
all information included in the digital product passport shall be based on open standards, developed with an interoperable format and shall, as appropriate, be machine-readable, structured, searchable and transferable through an open interoperable data exchange network, without ‘vendor lock-in’, in accordance with the essential requirements set out in Article 78; documents provided together with the declaration of performance and conformity referred to in Article 76(2)(a)(i) and technical documentation referred to in Article 76(2)(a)(iii) shall be exempted from this obligation when justified for technical reasons;
(e)
personal data related to the end-user of the product shall not be stored in the digital product passport without the explicit consent of the end-user in compliance with Article 6 of Regulation (EU) 2016/679 of the European Parliament and of the Council ( 30 ) ;
(f)
the information in the digital product passport shall include a reference to the product type referred to in Article 76(2), point (d);
(g)
the access to information included in the digital product passport shall be regulated in accordance with the essential requirements set out in Article 78 and the specific access rights shall be identified in accordance with construction digital product passport system levels of access;
(h)
the declaration of performance and conformity referred to in Article 76(2), point (a)(i), shall follow the guidelines issued in accordance with Article 16(3).
2. Where other Union legislation requires or allows the inclusion of specific information in the digital product passport, that information may be included in the digital product passport in accordance with the delegated act referred to in Article 75(1).
3. The manufacturer placing the product on the market shall provide actors making the products available on the market online or through other means of distance sales with a digital copy of the data carrier and the product identifier to allow them to make it accessible to customers where they cannot physically access the product. The economic operator shall provide that digital copy or a webpage link free of charge and within 5 working days of receiving the request.
Technical design and operation of the digital product passport
The technical design and operation of the digital product passport shall comply with the following essential requirements:
(a)
digital product passports shall be fully interoperable with other digital product passports as regards the technical, semantic and organisational aspects of end-to-end communication and data transfer;
(b)
a recipient of the digital product passport shall have easy access, free of charge, to it based on the recipient’s respective access rights in the construction digital product passport system;
(c)
the data included in the digital product passport shall be stored as specified in the construction digital product passport system referred to in Article 75;
(d)
if the data included in the digital product passport is stored or otherwise processed by authorised operators or digital product passport service providers, they shall not be allowed to sell, reuse or process such data, in whole or in part, beyond what is necessary for the provision of the relevant storing or processing services, unless this is specifically agreed with the economic operator placing the product on the market;
(e)
the digital product passport shall remain available for the period specified in Article 76(2), point (h), including after an insolvency, a liquidation or a cessation of activity in the Union of the economic operator that created the digital product passport, and shall fulfil the conditions established in accordance with Article 75(2), point (f), as regards the obligation to establish a back-up system;
(f)
the right to access and to introduce, modify or update information in the digital product passport shall be restricted to the access rights specified in the construction digital product passport system;
(g)
protection of information that constitutes trade secrets within the meaning of Article 2(1) Directive (EU) 2016/943 of the European Parliament and of the Council ( 31 ) or intellectual property rights shall be ensured;
(h)
data authentication, reliability and integrity shall be ensured;
(i)
digital product passports shall be designed and operated so that a high level of security and privacy is ensured and fraud is avoided.
Unique identifiers and digital product passport registry
1. Article 12 of Regulation (EU) 2024/1781 shall apply for the purposes of the implementation of this Regulation as regards unique identifiers and data carriers unless the delegated act referred to in Article 75(1) of this Regulation lays down more detailed or alternative rules related to those unique identifiers and data carriers, as referred to in Article 75(2)(h) of this Regulation.
2. Article 13 of Regulation (EU) 2024/1781 shall apply for the purposes of the implementation of this Regulation as regards the digital product passport registry unless the delegated act referred to in Article 75(1) of this Regulation lays down more detailed or alternative rules related to that registry, as referred to in Article 75(2)(h) of this Regulation.
3. Article 14 of Regulation (EU) 2024/1781 shall apply for the purposes of implementation of this Regulations as regards the web portal for information in the digital product passport.
1. Six months after the entry into force of the delegated act referred to in Article 75(1), the system shall be fully operational and shall be fulfilling its intended objectives, including the functionalities provided for in Article 76. 18 months after the entry into force of the delegated act referred to in Article 75(1) the obligations established pursuant to Article 22(7) shall apply. The system may be used by manufacturers voluntarily in the interim period.
2. The Commission is empowered to adopt delegated acts in accordance with Article 89 to amend this Regulation to:
(a)
further specify, add and remove functionalities referred to in Article 75(2) in order to adapt it to technical progress or to adapt it to the once-only principle in relation to information requirements in other Union law;
(b)
revise Articles 77(1) and 78 of this Regulation to ensure compatibility and interoperability with Regulation (EU) 2024/1781.
