40 Amendments of Peter LIESE related to 2022/0095(COD)
Amendment 106 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
Amendment 140 #
Proposal for a regulation
Recital 16
Recital 16
(16) When establishing ecodesign requirements the Commission should take into account the nature and purpose of the products concerned as well as the characteristics of the relevant markets. For example, defence equipment has to be able to operate under specific and sometimes harsh conditions, which needs to be considered when setting ecodesign requirements. Certain information on defence equipment should not be disclosed and should be protected. Therefore, for military or sensitive equipment ecodesign requirements should take into account the security needs and the characteristics of the defence market, as defined in Directive 2009/81/EC of the European Parliament and of the Council48 . Similarly, the space industry is strategic for Europe and for its technological non-dependence. As space technologies operate in extreme conditions, any ecodesign requirements for space products should balance sustainability considerations with resilience and expected performance. The same principle should be valid for chemical substances, which are essential for ensuring functionalities and product performance needed for sustainable solutions. Further, for medical devices as defined in Article 2(1) of Regulation (EU) 2017/745 on medical devices49 and in vitro diagnostic medical devices as defined in Article 2(2) of Regulation (EU) 2017/746 on in vitro diagnostic medical devices50 , the Commission should take into account of the need to not negatively affect health and safety of patients and users. __________________ 48 Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (OJ L 216, 20.8.2009, p. 76). 49 Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L 117 5.5.2017, p. 1). 50 Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (OJ L 117, 5.5.2017, p. 176).
Amendment 145 #
Proposal for a regulation
Recital 18
Recital 18
(18) Delegated acts including ecodesign requirements should, as was the case under Directive 2009/125/EC, undergo a dedicated comprehensive impact assessment and stakeholder consultation, and should be drawn up in line with the Commission’s Better Regulation guidelines, and include an assessment of the international dimension and impacts on third countries. When doing so, the Commission should take due consideration of all aspects of the life cycle of the product and base its, where appropriate, indirect consequences for supply chains and base its comprehensive impact assessment on best available evidence. When preparing ecodesign requirements the Commission should use a scientific approach and also take into consideration relevant technical information in particular coming from Regulation (EC) No 66/2010 of the European Parliament and of the Council52 , Directive 2010/75/EU of the European Parliament and of the Council53 , technical screening criteria adopted pursuant to Regulation (EU) 2020/852 of the European Parliament and of the Council54 and green public procurement criteria55 . __________________ 52 Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (OJ L 27, 30.1.2010, p. 1). 53 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17). 54 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13). 55 Communication “Public procurement for a better environment” (COM (2008) 400)
Amendment 155 #
Proposal for a regulation
Recital 22
Recital 22
(22) Chemical safety is a recognised element of product sustainability. It is based on chemicals’ intrinsic hazards to health or the environment in combination with specific or generic exposure, and is addressed by chemicals legislation, such as Regulation (EC) No 1935/2004 of the European Parliament and of the Council58 , Regulation (EC) No 1907/2006 of the European Parliament and of the Council59 , Regulation (EC) No 1223/2009 of the European Parliament and of the Council60 , Regulation (EU) 2017/745 of the European Parliament and of the Council61 and Directive 2009/48/EC of the European Parliament and of the Council62 . This Regulation shouldall not enable the restriction of substances based on chemical safety, as done under other Union legislation. Similarly, this Regulation should not enable the restriction of substances for reasons related to food safety. Union law on chemicals and food, however, does not allow addressing, through restrictions on certain substances, impacts on sustainability that are unrelated to chemical safety or food safety. To overcome this limitation, this Regulation should allow, under certain conditions, for the restriction, primarily for reasons other than chemical or food safety, of substances present in products or used in their manufacturing processes which negatively affect products’ sustainability. Regulation based on negative impacts on the sustainability of products must be assessed and, where necessary, consider not just one objective but a holistic perspective. This Regulation also should not result in the duplication or replacement of restrictions of substances covered by Directive 2011/65/EU of the European Parliament and of the Council63 , which has as its objective the protection of human health and the environment, including the environmentally sound recovery and disposal of waste from electrical and electronic equipment. __________________ 58 Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, p. 4). 59 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1). 60 Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (OJ L 342, 22.12.2009, p. 59). 61 Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (OJ L 117, 5.5.2017, p. 176). 62 Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (OJ L 170, 30.6.2009, p. 1). 63 Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 174, 1.7.2011, p. 88).
Amendment 178 #
Proposal for a regulation
Recital 25
Recital 25
(25) Information on the presence of substances of concern in products is a key element to identify and promote products that are sustainable. The chemical composition of products determines largely their functionalities and impacts, as well as the possibilities for their re-use or for recovery once they become waste. The Chemicals Strategy for Sustainability64 calls for minimising the presence of substances of concern in products, and ensuring the availability of information on chemical content and safe use, by introducing information requirements and tracking the presence of substances of concern throughout the life cycle of materials awhich remain in the end products. Regulation (EC) No 1272/2008 of the European Parliament and of the Council65 and other existing chemicals legislation such as Regulation (EC) No 1223/2009 already ensure communication on hazards to health or the environment posed by certain substances of concern on their own or in a mixture. Users of substances and mixtures should also be informed about pertinent sustainability- related information not primarily related to hazards to health or the environment. Furthermore, users of products other than substances or mixtures, and managers of waste from such products, should also receive relevant sustainability- related information, including information primarily related to chemicals’ hazards to health or the environment. Therefore, this Regulation should allow for the setting of requirements related to the tracking and communication of sustainability information, including the presence of substances of concern in products throughout their life cycle, including with a view to their decontamination and recovery when they become waste. Such a framework should aim to progressively cover all substances of concern in all products listed in working plans setting out the product groups the Commission intends to tackle. __________________ 64 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Chemicals Strategy for Sustainability Towards a Toxic-Free Environment COM(2020)667 final. 65 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).
Amendment 183 #
Proposal for a regulation
Recital 25
Recital 25
(25) Information on the presence of substances of concern in products is a key element to identify and promote products that are sustainable. The chemical composition of products determines largely their functionalities and impacts, as well as the possibilities for their re-use or for recovery once they become waste. The Chemicals Strategy for Sustainability64 calls for minimising the presence of substances of concern in products, and ensuring the availability of information on chemical content and safe use, by introducing information requirements and tracking the presence of substances of concern throughout the life cycle of materials and products. Regulation (EC) No 1272/2008 of the European Parliament and of the Council65 and other existing chemicals legislation such as Regulation (EC) No 1223/2009 already ensure communication on hazards to health or the environment posed by certain substances of concern on their own or in a mixture. Users of substances and mixtures should also be informed about pertinent sustainability- related information not primarily related to hazards to health or the environment. Furthermore, users of products other than substances or mixtures, and managers of waste from such products, should also receive sustainability-related information, including information primarily related to chemicals’ hazards to health or the environment. Therefore, this Regulation should allow for the setting of requirements related to the tracking and communication of sustainability information, including the presence of substances of concern in end products throughout their life cycle, including with a view to their decontamination and recovery when they become waste. Such a framework should aim to progressively cover all substances of concern in all products listed in working plans setting out the product groups the Commission intends to tackle. __________________ 64 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Chemicals Strategy for Sustainability Towards a Toxic-Free Environment COM(2020)667 final. 65 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).
Amendment 189 #
Proposal for a regulation
Recital 26
Recital 26
(26) The information requirements set under this Regulation should include the requirement to make available a product passport. The product passport is an important tool for making relevant information available to actors along the entire value chain and the availability of a product passport should significantly enhance end- to-end traceability of a product throughout its value chain. Among other things, the product passport should help consumers make informed choices by improving their access to product information relevant to them, allow economic operators other value chain actors such as repairers or recyclers to access relevant and targeted information, and enable competent national authorities to perform their duties. To this end, the product passport should not replace but complement non-digital forms of transmitting information, such as information in the product manual or on a label. In addition, it should be possible for the product passport to be used for information on other sustainability aspects applicable to the relevant product group pursuant to other Union legislation. However, the product passport shall not lead to over-regulation or double regulation. Possible additional administrative costs and burden should be minimised.
Amendment 214 #
Proposal for a regulation
Recital 43
Recital 43
(43) In addressing construction products, this Regulation should set requirements on final products only when the obligations created by [the revised Construction Products Regulation] and its implementation are unlikely to sufficiently achieve the environmental sustainability objectives pursued by this Regulation. In addition, when formulating working plans, the Commission should take into account that, in continuation of current practice, [the revised Construction Products Regulation] will, in relation to energy- related products that are also construction products, give prevalence to sustainability requirements set under this Regulation. This should be the case for instance for heaters, boilers, heat pumps, water and space heating appliances, fans, cooling and ventilating systems and photovoltaic products (excluding building-integrated photovoltaic panels). For these products, [the revised Construction Products Regulation] may intervene in a complementary manner where needed, mainly in relation to safety aspects, also taking account of other Union legislation on products such as on gas appliances, low voltage, and machinery. Furthermore, lighting products should first and foremost meet the requirements set by this Regulation and the various safety-related legislations already applicable and not be subject to [the revised Construction Products Regulation] to avoid confusion and non-compliance due to conflicting requirements.
Amendment 220 #
Proposal for a regulation
Recital 45
Recital 45
(45) Micro, small and medium-sized enterprises (SMEs) could greatly benefit from an increase in the demand for sustainable products but could also face costs and difficulties with some of the requirements. The Member States and the Commission should, in their respective areas of responsibility, provide adequate information, ensure targeted and specialised training, and provide specific assistance and support, including financial, to SMEs active in the manufacturing of products for which ecodesign requirements are set. To this end, with each delegated act, the Commission should publish guidelines to support SMEs in the implementation and application of the requirements therein. Those actions should, for example, cover the calculation of the product environmental footprint and the technical implementation of the product passport. Member States actions should be taken in respect of applicable State aid rules.
Amendment 271 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point f
Article 1 – paragraph 1 – subparagraph 1 – point f
(f) recycled content in products and recyclability of products;
Amendment 275 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point g
Article 1 – paragraph 1 – subparagraph 1 – point g
(g) product remanufacturing and recycling;
Amendment 300 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘intermediate product’ means a product that requires further manufacturing or transformation such asprocessing such as synthesis, mixing, coating or assembling to make it suitable for end- users;
Amendment 341 #
Proposal for a regulation
Article 2 – paragraph 1 – point 23
Article 2 – paragraph 1 – point 23
(23) ‘environmental footprint’ means a quantification of a product’s environmental impacts, whether in relation to a single environmental impact category or an aggregated set of impact categories based on the Product Environmental Footprint method or other relevant, comparable and scientifically validated standards method;
Amendment 366 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point b – indent 9
Article 2 – paragraph 1 – point 28 – point b – indent 9
— specific target organ toxicity – single exposure categories 1 and 2; orand
Amendment 388 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point c
Article 2 – paragraph 1 – point 28 – point c
(c) negatively affecprevents the re-use and recycling of materials in the product in which it is present;
Amendment 396 #
Proposal for a regulation
Article 2 – paragraph 1 – point 35
Article 2 – paragraph 1 – point 35
(35) ‘destruction’ means the intentional damaging or discarding of a product as waste with the exception of discarding for the only purpose of delivepreparing a product for preparing for re-use or remanufacturing operations-use, remanufacturing operations, re-furbishing, recycling or other recovery operations such as energy recovery;
Amendment 463 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2 a (new)
Article 3 – paragraph 2 – subparagraph 2 a (new)
Members States may allow for exemptions to Article 3 (1) for second-hand goods placed on the market, to assure the highest possible degree of reuse, in accordance with the waste hierarchy principle.
Amendment 479 #
Proposal for a regulation
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
(a) requiring manufacturers, their authorised representatives or importers to make parts of the technical documentation related to the relevant product digitally available to the Commission or market surveillance authorities without request, in accordance with Article 30(3);
Amendment 508 #
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) presence of substances of concern in the end-product which have a negative, measurable effect on the product's sustainability;
Amendment 520 #
Proposal for a regulation
Article 5 – paragraph 1 – point j
Article 5 – paragraph 1 – point j
(j) recycled content and recyclability;
Amendment 568 #
Proposal for a regulation
Article 5 – paragraph 4 – point a – point ii
Article 5 – paragraph 4 – point a – point ii
(ii) relevant Union legislation, including the extent to which it addresses the relevant product aspects listed in paragraph 1, in order to ensure a coherent framework and avoid duplication of requirements and over-regulation;
Amendment 595 #
Proposal for a regulation
Article 5 – paragraph 5 – point a
Article 5 – paragraph 5 – point a
(a) there shall be no significant negative impact on the functionality or safety of the product, from the perspective of the user;
Amendment 606 #
Proposal for a regulation
Article 5 – paragraph 5 – point d
Article 5 – paragraph 5 – point d
(d) there shall be no disproportionate negative impact on the competitiveness of economic actors, at leastin particular of SMEs;
Amendment 665 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1 – introductory part
Article 7 – paragraph 5 – subparagraph 1 – introductory part
The information requirements referred to in paragraph 1 shall enable the tracking of all substances of concern throughout the life cycle of products, unless such tracking is already enabled by anotherremaining in the end products and negatively affecting its sustainability if they are present in a concentration above 0,1% weight by weight, to be defined for specific product groups and considering the thresholds already set out in the relevant reference legislation on chemicals and covered by delegated acts adopted pursuant to Article 4 covering the products concerned, and shall include at least the following:
Amendment 700 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point a
Article 7 – paragraph 5 – subparagraph 2 – point a
(a) establish which substances fall under the definition in Article 2(28), point (c), for the purposes ofthat negatively affect the product groups covered;
Amendment 735 #
Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 3
Article 7 – paragraph 6 – subparagraph 3
Information ensuring the traceability of substances pursuant to paragraph 5 shall be given either on the product or be accessible through a data carrier included on the product. Information should preferably be provided in a digital format.
Amendment 742 #
Proposal for a regulation
Article 7 – paragraph 7 a (new)
Article 7 – paragraph 7 a (new)
7a. Any supplier of an article, a substance or a mixture shall provide the recipient of the article, substance or mixture with sufficient information, free of charge, to allow the manufacturers to comply with information requirements related to the product aspects listed in Article 5(1), as laid down in the delegated acts adopted pursuant to Article 4. If the recipient of the article, substance or mixture is not the manufacturer, the recipient shall ensure that the information is communicated to the manufacturer.
Amendment 784 #
Proposal for a regulation
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) ensure that actors along the value chain, in particular consumers, economic operators and competent national authorities, can access product information relevant to them, according to a need-to- know basis approach and to the product groups covered;
Amendment 813 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point c
Article 9 – paragraph 1 – subparagraph 1 – point c
Amendment 829 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point f a (new)
Article 9 – paragraph 1 – subparagraph 1 – point f a (new)
(fa) where relevant, it shall rely on existing databases;
Amendment 876 #
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. When prioritising products to be covered by ecodesign requirements in accordance with this Regulation, the Commission shall take into account their contribution to economic resilience and competitiveness, their potential contribution to achieving Union climate, environmental and energy efficiency objectives, as well as the following criteria:
Amendment 903 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
The Commission shall ensure that when it conducts its activities, it observes a balanced participation of Member States’ representatives and all interested parties involved with the product or product group in question, such as industry, including SMEs and crafta broad and transparent presentation industry, including SMEs, craft and critical raw materials industry, trade unions, traders, retailers, importers, environmental protection groups and consumer organisations. These parties shall contribute in particular to preparing ecodesign requirements, examining the effectiveness of the established market surveillance mechanisms and assessing self-regulation measures.
Amendment 926 #
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1 – point b
Article 18 – paragraph 3 – subparagraph 1 – point b
(b) the market share in terms of volume of the signatories to the self-regulation measure in relation to the products covered by that measure is at least 80 60% of units placed on the market or put into service;
Amendment 939 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. When adopting delegated acts pursuant to Article 4 the Commission shall, where appropriate, accompany those acts with guidelines covering specificities of SMEs active in the product or product group sector affected for facilitating the application of this Regulation by SMEs. The guidelines shall in particular address the calculation of the product environmental footprint and the technical implementation of the digital product passport.
Amendment 966 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 – point a
Article 20 – paragraph 1 – subparagraph 1 – point a
(a) the number of unsoldweight of consumer products discarded per year, differentiated per type or category of products;
Amendment 985 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2
Article 20 – paragraph 1 – subparagraph 2
The economic operator shall disclose that information on a freely accessible website or otherwise make it publicly availableto the Commission, until a delegated act adopted pursuant to paragraph 3 starts applying to the category of unsold consumer products discarded by the operator in question.
Amendment 1013 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Where a delegated act adopted pursuant to Article 4 requires products to have a label as referred to in Article 14, the economic operator placing the product on the market or putting it into service shall ensure that products are accompanied, for each individual unit and free of charge, by printed labels or digital copies in accordance with that delegated act. Preference should be given to digital labels.
Amendment 1099 #
Proposal for a regulation
Annex I – paragraph 1 – point d
Annex I – paragraph 1 – point d
(d) ease and quality of recycling, given the product is technically and economically suitable for recycling, as expressed through: use of easily recyclable materials, safe, easy and non-destructive access to recyclable components and materials or components and materials containing hazardous substances, material composition and homogeneity, possibility for high-purity sorting, number of materials and components used, use of standard components, use of component and material coding standards for the identification of components and materials, number and complexity of processes and tools needed, ease of non-destructive disassembly and re-assembly, conditions for access to product data, conditions for access to or use of hardware and software needed;
Amendment 1104 #
Proposal for a regulation
Annex I – paragraph 1 – point f
Annex I – paragraph 1 – point f
(f) use of substances, on their own, as constituents of substances or in mixtures, dur present ing the production process ofend products, or leading to their presence in products, including once these products become wastewhich have negative, measurable effect on its sustainability;
Amendment 1110 #
Proposal for a regulation
Annex I – paragraph 1 – point h
Annex I – paragraph 1 – point h
(h) use or content of recycled materials in line with product specific European legislation;