Activities of Arba KOKALARI related to 2022/0095(COD)
Shadow opinions (1)
OPINION on the proposal for a Regulation of the European Parliament and of the Council establishing a framework for setting ecodesign requirements for sustainable products and repealing Directive 2009/125/EC
Amendments (68)
Amendment 103 #
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation will contribute to making products fit for a climate-neutral, resource-efficient and circular economy, reducing waste and ensuring that the performance of frontrunners in sustainability progressively becomes the norm. It should provide for the setting of new ecodesign requirements to improve product durability, reusability, upgradability and reparability, improve possibilities for refurbishment and maintenance, address the presence of hazardous chemicals in products, increase their energy and resource efficiency, reduce their expected generation of waste materials and increase recycled content in products, while ensuring their performance and safety, enabling remanufacturing and high-quality recycling and reducing carbon and environmental footprints. By doing so, this Regulation should aim at supporting production and consumption patterns that are aligned with Union's overall sustainability targets, including climate, environmental, energy, resources-use and biodiversity. As this Regulation will establish provisions to extend the lifecycle of products, it should not impede the re- use of components or spare parts for repairing products.
Amendment 113 #
Proposal for a regulation
Recital 11
Recital 11
(11) In order to create an effective and future-proof regulatory framework, it is necessary to allow for the setting of ecodesign requirements on all physical goods placed on the market or put into service, including components and intermediate products. This should allow the Commissions to take into account the broadest range of products possible when prioritising the establishment of ecodesign requirements and thereby maximise their effectiveness. It is vital that duplication or overlap of regulation is avoided; for example, components should not be regulated as components as such and at the same time as part of finished products. Where needed, specific exemptions should be made when setting ecodesign requirements, for example for products with a particular purpose that could not be fulfilled when complying with ecodesgin requirements. In addition, exemptions should be made at the level of the framework for those products for which it is already clear that ecodesign requirements would not be suitable or where other frameworks provide for the setting of such requirements. This should be the case for food and feed as defined in Regulation (EC) No 178/2002 of the European Parliament and of the Council44 , medicinal products for human use as defined in Directive 2001/83/EC of the European Parliament and of the Council45 , veterinary medicinal products as defined in Regulation (EU) 2019/6 of the European Parliament and of the Council46 , living plants, animals and micro-organisms, products of human origin, and products of plants and animals relating directly to their future reproduction. _________________ 44 Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1). 45 Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67). 46 Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p. 43).
Amendment 145 #
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, wWhen 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.
Amendment 156 #
Proposal for a regulation
Recital 105 a (new)
Recital 105 a (new)
Amendment 181 #
Proposal for a regulation
Article 2 – paragraph 1 – point 37
Article 2 – paragraph 1 – point 37
(37) ‘unsold consumer product’ means any consumer product that has not been sold or unused consumer product that has been returned by a consumer in view of their right of withdrawal in accordance with Article 9 of Directive (EU) 2011/83/EU;
Amendment 182 #
Proposal for a regulation
Article 2 – paragraph 1 – point 45
Article 2 – paragraph 1 – point 45
(45) ‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market, including remanufactures and companies who repair, and upgrade products;
Amendment 193 #
Proposal for a regulation
Article 2 – paragraph 1 – point 59
Article 2 – paragraph 1 – point 59
(59) ‘product presenting a serious risk’ means a product presenting a risk for which, based on an assessment, the degree of the relevant non-compliance or the associated harm is considered to require rapid intervention by the market surveillance authorities, including cases where the effects of the non-compliance are not immediateas identified by the General product safety regulation (GSPR).
Amendment 196 #
Proposal for a regulation
Article 2 – paragraph 1 – point 59 a (new)
Article 2 – paragraph 1 – point 59 a (new)
(59 a) "renewability" means the ability for a natural resource to replenish and recover over time
Amendment 197 #
Proposal for a regulation
Article 2 – paragraph 1 – point 59 b (new)
Article 2 – paragraph 1 – point 59 b (new)
(59 b) "professional repairer" means an operator or undertaking which provides professional repair and maintenance services.
Amendment 212 #
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 216 #
Proposal for a regulation
Article 4 – paragraph 3 – point d
Article 4 – paragraph 3 – point d
(d) subject to privacy considerations, requiring manufacturers, their authorised representatives or importers to collect, anonymise, or report to the Commission the in-use data referred to in point (c), in accordance with Article 31(3);
Amendment 222 #
Proposal for a regulation
Article 4 – paragraph 3 – point h a (new)
Article 4 – paragraph 3 – point h a (new)
(h a) Delegated acts referred to in the first paragraph shall apply at the earliest 24 months after the entry into force of that delegated act.
Amendment 232 #
Proposal for a regulation
Article 5 – paragraph 1 – point n – indent 1 (new)
Article 5 – paragraph 1 – point n – indent 1 (new)
- (o) products' renewability content;
Amendment 233 #
Proposal for a regulation
Article 5 – paragraph 1 – point n – indent 2 (new)
Article 5 – paragraph 1 – point n – indent 2 (new)
- (p) renewable raw material used in products;
Amendment 239 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 3
Article 5 – paragraph 2 – subparagraph 3
A horizontal ecodesign requirement established pursuant to the second subparagraph may, in well-justified cases, cover products falling in the scope of a self-regulation measure established as a valid alternative pursuant to Article 18(3), where the Commission considers, following an assessment and following consultation with relevant Union decentralised agencies, that that self- regulation measure does not sufficiently, address the product aspect covered by that horizontal ecodesign requirement.
Amendment 242 #
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, to ensure harmonisation and avoid duplication or overlaps of regulation;
Amendment 243 #
Proposal for a regulation
Article 5 – paragraph 4 – point a – point v
Article 5 – paragraph 4 – point a – point v
(v) relevant European and international standards that are widely used or mandatory product-specific standards;
Amendment 246 #
Proposal for a regulation
Article 5 – paragraph 4 – point a – point v a (new)
Article 5 – paragraph 4 – point a – point v a (new)
(v a) appropriate consultations, including at expert level.
Amendment 256 #
Proposal for a regulation
Article 5 – paragraph 6 – point a
Article 5 – paragraph 6 – point a
(a) provide, upon request, manufacturers, notified bodies and competent national authorities with available information relatedavailable to their supplies or services that is relevant in order to verify compliance with ecodesign requirementsy chain actor in accordance with the Digital Product Passport of the product category in question, according to Article 8;
Amendment 258 #
Proposal for a regulation
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
6 a. Supply chain actors shall ensure that necessary information is provided to enable the economic operators to comply with the performance and information requirements set out by Article 6 and 7 of this Ecodesign Framework Regulation and subsequent product specific delegated acts.
Amendment 272 #
Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2 – point d
Article 7 – paragraph 6 – subparagraph 2 – point d
(d) on a label referred to in Article 14 provided that there does not already exist an officially recognised EN ISO14024 type I ecolabel for the product group;
Amendment 275 #
Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2 – point f a (new)
Article 7 – paragraph 6 – subparagraph 2 – point f a (new)
(f a) in accordance with information provision measures established in the Directive (EU) 2019/882 European Accessibility Act.
Amendment 276 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. The information to be supplied pursuant to information requirements shall be provided in a language which can be easily understood by consumers and other end-users, as determined by the Member State in which the product is to be made available on the market or put into service. When data is required from actors in the supply chain, industry standard guidelines should be established by the industry to ensure efficient and accurate transfer of information throughout the entire supply chain.
Amendment 279 #
Proposal for a regulation
Article 7 – paragraph 7 a (new)
Article 7 – paragraph 7 a (new)
7 a. Products manufactured for a manufacturer's own use and put into service shall be excluded from the requirements established pursuant to this article.
Amendment 282 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The information requirements referred to in Article 7(1) shallmay provide that products can only be placed on the market or put into service if a product passport is available in accordance with the applicable delegated act adopted pursuant to Article 4 and Articles 9 and 10.
Amendment 286 #
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) whether the product passport is to correspond to the model, or batch, or item level;
Amendment 287 #
Proposal for a regulation
Article 8 – paragraph 2 – point e
Article 8 – paragraph 2 – point e
(e) the manner in which the non- confidential information contained in the product passport shall be made accessible to customers before they are bound by a sales contract, including in case of distance selling, in line with Directive (EU) 2019/882 European Accessibility Act;
Amendment 290 #
Proposal for a regulation
Article 8 – paragraph 2 – point f
Article 8 – paragraph 2 – point f
(f) the actors that shall have access to information in the product passport and to what information they shall have access, including customers, end-users, manufacturers, importers and distributors, dealers, professional repairers, remanufacturers, recyclers, competent national authorities, public interest organisations and the Commission, or any organisation acting on their behalf;
Amendment 293 #
Proposal for a regulation
Article 8 – paragraph 2 – point g
Article 8 – paragraph 2 – point g
(g) the actors that may introduce or update the information in the product passport, including where needed the creation of a new product passport, and what information they may introduce or update, including manufacturers, professional repairers, maintenance professionals, remanufacturers, recyclers, competent national authorities, and the Commission, or any organisation acting on their behalf;
Amendment 295 #
Proposal for a regulation
Article 8 – paragraph 2 – point h a (new)
Article 8 – paragraph 2 – point h a (new)
(h a) when and under which circumstances the information in the product passport shall be updated and by whom;
Amendment 296 #
Proposal for a regulation
Article 8 – paragraph 2 – point h b (new)
Article 8 – paragraph 2 – point h b (new)
(h b) until when the specifications of the product passport remain in force;
Amendment 299 #
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 relevabe justified to significantly improve the environmental sustainability of products and to ensure free movement toin them internal market;
Amendment 301 #
Proposal for a regulation
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) facilitate the verification of product compliance by competent national authorities with one single instrument; and
Amendment 305 #
Proposal for a regulation
Article 8 – paragraph 3 – point c a (new)
Article 8 – paragraph 3 – point c a (new)
(c a) improve traceability of products along the value chain without compromising data security of economical actors. To protect confidential business information and comply with requirement (b) of paragraph 3, actors in the value chains should make a specific request to the manufacturer when the information cannot be shared publicly, and the information needs to be in shared in a secure way.
Amendment 311 #
Proposal for a regulation
Article 8 – paragraph 4 – point a
Article 8 – paragraph 4 – point a
(a) technical specifications are not available in relation to the essential requirements included in Article 10, including second hand products that were originally placed on the market before the enforcement of this Regulation; or
Amendment 314 #
Proposal for a regulation
Article 8 – paragraph 4 – point b a (new)
Article 8 – paragraph 4 – point b a (new)
(b a) products are second-hand, refurbished, repaired, unique or handmade.
Amendment 320 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point d
Article 9 – paragraph 1 – subparagraph 1 – point d
(d) all information included in the product passport shall be based on open, standards, developed with an inter-operable format and shall be machine-readable, structured, and searchable, in accordance with the essential requirements set out in Article 10 and respecting trade secrets and proprietary information;
Amendment 321 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point e
Article 9 – paragraph 1 – subparagraph 1 – point e
(e) the information included in the product passport shall refer to the product model, or batch, or item as specified in the delegated act adopted pursuant to Article 4;
Amendment 324 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 a (new)
Article 9 – paragraph 1 – subparagraph 1 a (new)
where relevant, it shall rely on existing databases, including Substances of Concern in articles as such or in complex objects (Products) and the European Product Registry for Energy labelling and established industry solutions
Amendment 325 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. Where relevant, the product passport shall rely on existing databases, including Substances of Concern in articles as such orin complex objects (Products) and the European Product Registry for Energy labelling and established industry solutions
Amendment 330 #
Proposal for a regulation
Article 10 – paragraph 1 – point f
Article 10 – paragraph 1 – point f
(f) the rights to access and to introduce, modify or update information in product passport shall be restricted based on the access rights specified in delegated acts adopted pursuant to Article 4, with specific consideration of information that constitutes trade secrets or propriertary information;
Amendment 336 #
Proposal for a regulation
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
(c) the manner in which the label shall be displayed to customers including in case of distance selling, taking into account the requirements set out in Article 26 and relevant, measures established in Directive (EU) 2019/882, and the implications for the relevant economic operators;
Amendment 345 #
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – point a
Article 20 – paragraph 3 – subparagraph 2 – point a
(a) health and, safety concernand hygiene concerns, including of counterfeit goods;
Amendment 352 #
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – point d a (new)
Article 20 – paragraph 3 – subparagraph 2 – point d a (new)
(d a) Products that have exceeded their expiry date or shelf life.
Amendment 358 #
Proposal for a regulation
Article 21 – paragraph 7
Article 21 – paragraph 7
7. Manufacturers shall ensure that that a product covered by a delegated act adopted pursuant to Article 4 is accompanied by instructions that enable consumers and other end-users to safely assemble, install, operate, store, maintain, repair and dispose of the product in a language that can be easily understood by consumers and other end-users, as determined by the Member State concerned. Such instructions shall be clear, understandable and legible and include at least the information specified in the delegated acts adopted pursuant to Article 4 and pursuant to Article 7(2)(b), point (ii). The instructions shall be included in the digital product passport or, where applicable, in another appropriate format.
Amendment 378 #
Proposal for a regulation
Article 24 – paragraph 2 – point b
Article 24 – paragraph 2 – point b
(b) the product is accompanied by the required documents and by instructions, to enable the consumer to assemble, install, operate, store, maintain, and dispose of the product, in a language that can be easily understood by consumers and other end- users, as determined by the Member State in which the product is to be made available on the market, and that such instructions are clear, understandable and legible and include at least the information set out in Article 7(2), point (b), point (ii), as laid down in the delegated act adopted pursuant to Article 4. The documents and instructions shall be included in the digital product passport or, where applicable, in another appropriate format;
Amendment 389 #
Proposal for a regulation
Article 26 – paragraph 4 – point b
Article 26 – paragraph 4 – point b
(b) not provide or display other labels, marks, symbols or inscriptions that are likely to mislead or confuse customers with respect to the information included on the label. These provisions are without prejudice to the EU Ecolabel and other state commissioned type l-ecolabels (ISO 14024).
Amendment 398 #
Proposal for a regulation
Article 29 – paragraph 1 – point e a (new)
Article 29 – paragraph 1 – point e a (new)
(e a) The frequency and depth of information to be provided to market surveillance authorities shall be proportionate to the nature of information requested. A request and approval process shall be introduced to ensure online marketplaces manage traffic appropriately.
Amendment 406 #
Proposal for a regulation
Article 29 – paragraph 2 – subparagraph 3
Article 29 – paragraph 2 – subparagraph 3
In particular, where delegated acts adopted pursuant to Article 4 require online visual advertising for certain products to be accompanied by online electronic information to be displayed on the display mechanismeasily accessible, online marketplaces shall enable dealers to show it. This obligation shall also apply to online search engines and other online platforms that provide online visual advertising for the products concerned.
Amendment 409 #
Proposal for a regulation
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2 a. Without prejudice to Article 29 (1), these rules shall not: (a) Require online marketplaces to proactively ensure compliance with all the products sold by third-party sellers on its marketplaces; (b) introduce monitoring obligations that go further than existing EU framework legislation
Amendment 426 #
Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 1 – introductory part
Article 30 – paragraph 3 – subparagraph 1 – introductory part
When requiring, upon a reasoned request from a relevant national competent authority, manufacturers, their authorised representatives or importers to make parts of the technical documentation related to the relevant product digitally available pursuant to Article 4, third subparagraph, point (a), the Commission shall take into account the following criteria:
Amendment 432 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 3
Article 31 – paragraph 1 – subparagraph 3
The Commission shall ensure that the resulting data is processed securely and in compliance with Union law and that any publication of the resulting data by the Commission is aggregated.
Amendment 433 #
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point b
Article 31 – paragraph 2 – subparagraph 1 – point b
(b) the technical feasibility of recording in-use data taking into account cost, cybersecurity, data protection and data storage;
Amendment 434 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. For the purposes of compliance and verification of compliance with ecodesign requirements, tests, measurements and calculations shall be made using actionable, reliable, accurate and reproducible and standardised methods that take into account the generally recognised state-of-the art methods. Such methods shall fulfil the test, measurement and calculation requirements set out in the relevant delegated acts adopted pursuant to Article 4. The methods shall be based on relevant Union law, or, where this is not applicable, on European or international standards.
Amendment 437 #
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1
Article 33 – paragraph 1 – subparagraph 1
Products falling within the scope of a delegated act adopted pursuant to Article 4 shall not be placed on the market or put into service if they are designed to, or components, parts, software or other elements are added or installed at a later point in time to, alter their behaviour or properties when they are tested in order to reach a more favourable result for any of the product parameters regulated in delegated acts adopted pursuant to Article 4 by which the products are covered.
Amendment 438 #
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
Amendment 440 #
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. Products covered by a delegated act adopted pursuant to Article 4, which have been awarded the EU Ecolabel pursuant to Regulation (EC) No 66/2010, or other public authority commissioned type l- ecolabels, shall be presumed to comply with the ecodesign requirements set out in that delegated act in so far as those requirements are covered by the EU Ecolabel criteria established according to Article 16(2) of Regulation (EC) No 66/2010.
Amendment 444 #
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 1 – introductory part
Article 35 – paragraph 1 – subparagraph 1 – introductory part
The Commission may, where there is agreement with the standardization organisations that is appropriate, adopt implementing acts laying down common specifications for ecodesign requirements, the essential requirements for product passports referred to in Article10 or for test, measurement or calculation methods referred to in Article 32, in the following situations:
Amendment 445 #
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 2
Article 35 – paragraph 1 – subparagraph 2
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(3). Any common specifications that are drafted should be withdrawn when a new standard is adopted.
Amendment 450 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
Member States shall notify the Commission and the other Member States of bodies authorised to carry out the third- party conformity assessment tasks when provided for under the delegated acts adopted pursuant to Article 4.
Amendment 451 #
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. Where a notified body finds that a manufacturer does not meet the relevant requirements or corresponding harmonised standards, common specifications or other technical specifications, it shall require that manufacturer to take appropriate corrective measures within a reasonable period of time in view of a second and final conformity assessment, unless the deficiencies cannot be remedied, in which case it shall not issue a certificate or approval decision.
Amendment 452 #
Proposal for a regulation
Article 53 – paragraph 4
Article 53 – paragraph 4
4. Where, in the course of the monitoring of conformity following the issue of a certificate or approval decision, a notified body finds that a product or the manufacturer does not comply or no longer complies, it shall require the manufacturer to take appropriate corrective measures within a reasonable period of time and shall suspend or withdraw the certificate or approval decision if necessary.
Amendment 454 #
Proposal for a regulation
Article 58
Article 58
Amendment 455 #
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
Amendment 457 #
Proposal for a regulation
Article 58 – paragraph 2
Article 58 – paragraph 2
Amendment 458 #
Proposal for a regulation
Article 58 – paragraph 2 – point a
Article 58 – paragraph 2 – point a
Amendment 459 #
Proposal for a regulation
Article 58 – paragraph 2 – point b
Article 58 – paragraph 2 – point b
Amendment 460 #
Proposal for a regulation
Article 58 – paragraph 2 – point c
Article 58 – paragraph 2 – point c